Consumer complaint Queensland: escalating through OFT and QCAT

If the business has refused, stalled or quoted store policy at you, here is what you can do. In Queensland the two main escalation bodies are the Office of Fair Trading (OFT) and the Queensland Civil and Administrative Tribunal (QCAT). They do different jobs and are not a mandatory sequence: the OFT gives information and may attempt conciliation, while QCAT decides eligible disputes. For some disputes a court, an ombudsman or a specialist process is the right forum instead.

Quick answer

Which path is right depends on whether you acquired the goods or services as a consumer under the ACL, whether the failure is major or non-major, the remedy you want, and your evidence. The OFT gives information and may help resolve a dispute, but says plainly it cannot order a refund — only a court or tribunal can. QCAT decides consumer and trader disputes up to $25,000, and parties are expected to represent themselves.

What the law actually says

The Australian Consumer Law (ACL) applies in Queensland as the Australian Consumer Law (Queensland) under the Fair Trading Act 1989 (Qld), administered by the Office of Fair Trading.

You receive the consumer guarantees automatically when you acquire goods or services as a consumer under section 3: broadly, where the price was $100,000 or less, or they were of a kind ordinarily acquired for personal, domestic or household use — and, for goods only, a vehicle or trailer acquired mainly to carry goods on public roads counts too. Any one limb is enough. Section 3 also excludes goods acquired to re-supply, or to use up or transform in trade or commerce in production, manufacture or repair, so check how it applies to you.

The guarantees that matter most in an escalation dispute are:

• Section 54 — Acceptable quality. Goods must be safe, durable, free from defects, acceptable in appearance and finish, and fit for all the purposes goods of that kind are commonly supplied for — as a reasonable consumer fully acquainted with their state and condition, including hidden defects, would regard as acceptable given the nature of the goods, the price, and what was said about them.
• Section 55 — Fitness for disclosed purpose. If you made known a particular purpose — to the seller, to whoever conducted the negotiations, or to the manufacturer — the goods must be reasonably fit for it, unless the circumstances show you did not rely, or that it was unreasonable to rely, on their skill or judgment.
• Section 60 — Services with due care and skill. Services must be rendered with the care and skill of a reasonably competent provider of that service. Section 61 covers fitness for a purpose, and a result, you made known (unless the circumstances show you didn't rely, or it was unreasonable to rely, on the supplier's skill or judgment); section 62 covers supply within a reasonable time. For those two, you can't take action if the failure happened only because of someone other than the supplier (or its agents or employees) or a cause independent of human control after supply (section 267(1)(c)).
• Section 64 — Guarantees cannot be excluded. A term is void to the extent that it purports to exclude, restrict or modify the guarantees, or any liability for failing to comply with them. A "no refunds" sign or a clause in the fine print does not remove your statutory rights. For goods or services not of a household kind, section 64A may let a contract limit liability to repair, replacement or resupply (or the cost), unless that isn't fair or reasonable.

When a guarantee is breached, your remedies depend on whether the failure is major or non-major. Under section 260, a goods failure may be major where:

• a reasonable consumer, fully acquainted with the nature and extent of the failure, would not have acquired the goods — the test is what a reasonable buyer would have done, not what you personally say you would have done;
• the goods depart in one or more significant respects from their description, or from a sample or demonstration model;
• the goods are substantially unfit for a purpose goods of the same kind are commonly supplied for, and cannot easily and within a reasonable time be remedied to make them fit;
• the goods are unfit for a particular purpose you disclosed, and cannot easily and within a reasonable time be remedied to make them fit; or
• the goods are not of acceptable quality because they are unsafe.

Two or more failures that aren't major on their own are together a major failure if a reasonable consumer fully acquainted with them, taken as a whole, wouldn't have acquired the goods or services (sections 260(2) and 268(2), for contracts from 18 December 2020).

For a major goods failure, or one that can't be remedied, section 259(3) gives you two alternatives: reject the goods — then elect a refund or a replacement of the same type and similar value, if reasonably available — or keep them and claim the reduction in value. Section 259(4) allows damages for other reasonably foreseeable loss in addition, for major and non-major failures alike, if you can evidence it and took reasonable steps to limit it. For a non-major failure that can be remedied, you can require the supplier to fix it within a reasonable time (section 259(2)), and it may do so by repair, replacement or refund (section 261); if it refuses or doesn't do so within a reasonable time, you can have it fixed elsewhere and recover the reasonable cost, or reject the goods (subject to section 262).

Your refund or replacement claim runs against the supplier. Sections 271 and 272 may separately support a damages claim against a manufacturer, but section 273 bars that action 3 years after you first became, or ought reasonably to have become, aware that the guarantee had not been complied with.

Rejection must still be available. Section 262 sets a rejection period running from supply, lasting as long as it would be reasonable to expect that kind of failure to become apparent given the type of goods and the use they would get — not a fixed number of days, and not measured from when you noticed the fault. The ACL has no "acceptance" rule: using the goods, or having had them a while, does not by itself end the right to reject. The right ends with that period, and is also lost where you lost, destroyed or disposed of the goods, where they were damaged after delivery for reasons unrelated to their condition at supply, or where they have been attached to or incorporated in other property and cannot be detached or isolated without damaging them.

If you reject, tell the supplier in writing, state the ground and make the goods available. You are ordinarily responsible for returning them, but under section 263, where return would cost significantly because of the nature of the failure or the size, height or method of attachment, the supplier must collect them at its own expense. Section 263(5) stops it discharging a refund by offering store credit instead.

Services run on a separate track. The guarantees are sections 60 to 62 (section 63 sets out exceptions, not a further guarantee), the remedies are sections 267 to 270, and section 268 decides whether a services failure is major: a reasonable consumer fully acquainted with the nature and extent of the failure wouldn't have acquired the service; the service is substantially unfit for a purpose services of that kind are commonly supplied for, unfit for a particular purpose you made known, or not of such a nature, or quality, state or condition, that it might reasonably be expected to achieve a result you made known, and can't easily and within a reasonable time be remedied; or it creates an unsafe situation. For a major failure, or one that can't be remedied, you may cancel the contract where the statutory conditions are met — section 269 then entitles you to a refund of what you paid, to the extent you had not consumed the services — or keep it on foot and claim the reduction in value. For a non-major failure that can be remedied, you can require the supplier to fix it within a reasonable time; if it doesn't, you can have it fixed elsewhere and recover the reasonable cost, or cancel (section 267(2)). Cancelling services and rejecting goods are different mechanisms.

A formal demand to the business is the right first step. You can generate a free demand letter using fairgo.

When this applies (and when it doesn't)

The OFT and QCAT escalation paths are available when:

• You bought goods or services from a business (not a private individual) in a transaction that falls within the ACL's consumer definition.
• The business has refused, gone quiet, or offered a remedy you consider inadequate.
• Your dispute relates to a consumer guarantee breach, misleading conduct under section 18, or a related consumer protection issue.
• You can prove the purchase (it isn't a condition of your rights, but you'll need it): a receipt, statement, email confirmation or loyalty-card record that identifies the business, the transaction and the goods.

A few situations where this path may not apply or may be more complicated:

• Private sellers. The test is whether the seller acts in trade or commerce, not whether they have a registered company, so most sole traders — a personal trainer, a freelance tradesperson, a market stall operator — count as a business. A genuine private sale, such as a second-hand item on Facebook Marketplace, generally falls outside the ACL's guarantee remedies.
• Change of mind. The ACL does not require a refund because you changed your mind.
• Damage you caused. The guarantee isn't breached if you caused the problem and the goods were damaged by abnormal use, and rejection is lost for damage after delivery unrelated to their condition at supply.
• Timing. The ACL sets no fixed expiry for guarantee claims, but delay makes a fault harder to trace to the time of supply, and the right to reject is separately limited by the section 262 rejection period above.

What to do today

1. Lodge a complaint with the Office of Fair Trading.

The OFT is Queensland's consumer protection regulator. Lodging a complaint is free and done online at qld.gov.au.

The OFT gives information and helps people resolve disputes; it cannot provide compensation, force a refund, or make orders — only a court or tribunal can. It also says it cannot always act on every complaint. It assesses yours and, where it can assist, contacts each party to try to resolve the matter; it may instead investigate, refer the matter elsewhere, or return it for you to resolve. It normally contacts you within 10 working days.

To give your complaint the best chance:

• If you paid by card, ask your card issuer now whether a chargeback is available; if you used buy now pay later, ask the provider about its dispute process; both follow the card scheme's or provider's own time limits, not the ACL's.
• If the cause of the fault is disputed, get a written report from an independent repairer or expert on cause and cost to fix; it carries more weight than your own account.
• Attach your demand letter and any reply.
• Include proof of purchase and evidence of the fault — photos, repair quotes, correspondence.
• Say what remedy you want and which guarantee you say was breached, naming the ACL section if you can.

If the matter doesn't resolve, the OFT cannot make a binding decision, and the next step is usually QCAT — though the right forum depends on the type of dispute and the amount, so confirm which has jurisdiction before you file.

2. File a claim at QCAT.

A consumer claim against a trader goes to QCAT as a consumer and trader dispute, a category of minor civil dispute. Before you file, check these:

• The $25,000 ceiling. QCAT cannot decide a consumer and trader dispute worth more than $25,000, excluding interest. If your claim is worth more you may abandon the excess and limit it to $25,000 to bring it within QCAT, or start in a court instead — the Magistrates Court up to $150,000, the District Court to $750,000, the Supreme Court above that. Abandoning the excess may stop you recovering that balance later, so get advice before choosing.
• Motor vehicles have a specialist pathway. QCAT may hear eligible motor-vehicle disputes involving a defective vehicle and a licensed motor dealer, including certain ACL claims, up to $100,000 rather than $25,000. That jurisdiction has its own definitions, eligibility rules and application form, and it does not cover a private sale merely because the vehicle is defective. Check QCAT's current motor-vehicle guidance before filing.
• Building and tenancy are different again. A domestic building dispute must go through the QBCC first, and QCAT requires its letter with the application; tenancy disputes need an RTA notice of unresolved dispute. Filing in the wrong jurisdiction can cost you the application.
• Check the limitation period. QCAT points to the Limitation of Actions Act 1974 (Qld), and consumer and trader claims are commonly subject to a six-year limit. But the deadline depends on the cause of action and when it accrued — do not simply count six years from the purchase. Motor-vehicle, building and tenancy claims can differ, and section 273 separately limits a manufacturer claim. Check QCAT's current guidance, and get advice if the deadline is close or arguable.
• You will run your own case. QCAT expects parties to represent themselves. Outside narrow exceptions you must apply for permission to be represented, and QCAT gives it only where the interests of justice require — which cuts both ways, since the trader generally needs it for a lawyer too. You do not need permission to get legal advice or have a solicitor help you prepare, only to have someone speak for you.
• Name every party correctly. Use the respondent's legal entity, not just its trading, shop or website name, and check the contract, invoice, ABN Lookup and ASIC records. Wrong details can delay the matter or produce an order that is hard to enforce.
• Fees vary and change. The application fee scales with the amount claimed and is indexed each 1 July, so check QCAT's current schedule rather than a figure read elsewhere. A hardship waiver exists for individuals, must be lodged with the application, and cannot be appealed if refused.

QCAT decides from the claim's value and type whether it goes to mediation or straight to a hearing, so follow its notice for your matter. After lodging, follow QCAT's directions about serving the application and your evidence on the respondent — filing does not by itself complete every service step. Before filing, gather your demand letter and any reply, your OFT reference, evidence of the fault, purchase and costs, and the remedy you want with its legal basis.

At the hearing, explain what you bought, what went wrong, which guarantee was breached and the remedy you want.

What if the business refuses

A QCAT decision binds, but QCAT does not carry out every enforcement step for you. If the other party does not comply, you may need to register or enforce the decision through a court, and monetary and non-monetary decisions follow different procedures. Check QCAT and Queensland Courts guidance first.

For financial products or services — insurance, credit, banking — the path is usually the Australian Financial Complaints Authority (AFCA) rather than QCAT. AFCA is free for consumers, but eligibility, time limits, monetary limits and the effect of an outcome all depend on its current rules. Use the firm's internal complaints process first and check AFCA's guidance before lodging.

Conduct affecting many consumers rather than just you is a different matter: the OFT may investigate a pattern under the Fair Trading Act 1989 (Qld), and an ACCC complaint may be worth making alongside your own claim. Neither resolves an individual dispute.

Common mistakes

• Accepting a repair when you're entitled to more. For a major failure the election is yours: while the right to reject remains available the supplier cannot require you to take a repair instead of the section 259(3) remedy you choose — a refund or replacement on rejection, or keeping the goods and claiming the reduction in value. See replacement vs repair vs refund.
• Waiting too long, and assuming the ACL is the only clock. The guarantees carry no fixed expiry, but the section 262 rejection period, the limitation period and the section 273 bar on a manufacturer claim each run separately. Delay also makes it harder to establish that the goods or services failed to comply when supplied, even where the problem only became apparent later.

Related reading

• Which tribunal or court for your consumer dispute?
• Escalating a consumer complaint in NSW
• Business refused your refund? Here's what to do next
• Consumer complaint Tasmania: Consumer Affairs Tasmania and the Magistrates Court
• Consumer complaint in WA: escalating an ACL dispute in Western Australia

This article is general information about Australian Consumer Law, not legal advice. It also touches on complaint and escalation pathways (the Office of Fair Trading, QCAT and the courts, the QBCC, the ACCC and AFCA) and limitation laws, whose scope, rules, thresholds and processes sit outside the ACL or can change. Confirm the current position with the relevant body before lodging. For advice on your specific case, see your state or territory consumer body — full list at /agencies.