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Department of Justice and Community Safety

ADVICE AND COMPLAINTS UNIT

Staff of the Advice and Complaints Unit provide information to help you, the consumer, become better informed and confident when making purchases or using consumer services. We also advise traders of their rights and responsibilities when dealing with consumers.

We can help you avoid problems

We operate an enquiry line which is available to consumers and businesses to obtain information and advice. The enquiry line number is 6207 0400.

We also use the media, printed material, seminars and the Internet as ways of providing information. All information is provided to help you become educated by knowing your rights and obligations before you make that all important purchase or do business with a trader or tradesperson.

Sometimes, however, you may experience problems after you have made a purchase or a tradesperson has commenced work. We can help if this situation arises by providing information to assist you to resolve the problem yourself. If that fails, we may be able to investigate the complaint and provide a mediation service.

We can empower you to resolve problems

We advise you of your rights under fair trading legislation in relation to your complaint or dispute. We advise you of ways to formalise your complaint with the business in question and of the steps you need to take to have your complaint considered. We do not provide legal advice nor are we able to adjudicate on a matter should there be conflicting evidence. We can, however, provide you with details of appropriate legal organisations if this is required.


We can assist you to resolve disputes

If you have been unsuccessful in resolving your dispute directly with the business or trader, we will advise both you and the business of your respective rights and obligations. We will then try to mediate between the parties and negotiate a resolution. If this mediation is unsuccessful, you may be required to seek remedy through other means such as the Small Claims Court.


THE PROCESS

Before the ACT Office of Fair Trading can assist you, you must approach the business or trader about the problem you have been experiencing.

Generally this will involve speaking to the manager of the company or preferably contacting the business in writing.

If these attempts are unsuccessful, the Advice and Complaints Unit may be able to assist you. If the Office is unable to assist you through advice on our enquiries line, you may need to lodge a formal complaint. This should be done in writing to us (by letter, fax or e-mail) where your complaint will then be recorded electronically. The matter will then be allocated to one of our Case Managers.

If you wish the matter to proceed, you will be asked to complete and sign an Authority to Discuss form and return it to the OFT either by fax or mail. We will only start to investigate the complaint when we have received the completed and signed form.

Investigation usually involves speaking with the business involved, researching information and discussing the matter with you. If a letter is required to be sent to the business regarding your complaint, you may receive a copy of that letter for your records. This will keep you up-to-date with the progress of your complaint.

If the Advice and Complaints Unit is unable to resolve a dispute between a consumer and a trader, and a clear breach of legislation is identified, the Commissioner for Fair Trading may be able to take enforcement action. The Commissioner has a number of powers available under some of the following legislation:

  • Fair Trading Act 1992
  • Sale of Motor Vehicles Act 1977
  • Trade Measurement (Administration) Act 1991
  • Consumer Credit (Administration) Act 1996
  • Fair Trading (Consumer Affairs) Act 1973
  • Civil Law (Sale of Residential Property) Act 2003
Some of the actions the Commissioner may take are:
  • Accept an enforceable undertaking
  • Require a response to a substantiation notice
  • Issue an infringement notice
  • Apply to a Court for an injunction
  • Apply to a Court for damages, restitution, rescission, variation of contract, declaration, information or advertisement Orders, enforce fines or any other Order
  • Intervene in or defend proceedings on behalf of a consumer
  • Apply for conditions, suspension, cancellation or directions on a licence or registration
  • Issue a public warning statement
  • Initiate criminal prosecution
The level to which enforcement action is taken will depend on the facts and applicable law. Criteria for enforcement action includes:
  • The prevalence and duration of the alleged conduct
  • The effect of the alleged conduct on the consumer
  • The number of consumers currently or foreseeably affected
  • The potential for ongoing consumer detriment
  • The trader's response to the allegations
  • The consumer's attitude to the complaint
  • The consumer's capacity to obtain relief without the Commissioner's assistance
  • The trader's prior conduct
  • Previous compliance reports
  • The need to clarify a point of law that affects the rights of consumers
  • The likelihood of success
  • The likely cost
  • The evidence

Further particulars in relation to enforcement action will be provided to you if this course of action becomes necessary.

Irrespective of the outcome of the investigation, the Case Manager will advise you, either by telephoning you or sending a letter, describing the final outcome in relation to your complaint.

You may also receive a survey when the investigation is completed. It would be appreciated if you could complete the survey and return it to our Office, as the results will help us to improve our services for future clients.