Consumer complaint Queensland: escalating through OFT and QCAT

You've contacted the business. You've explained the problem clearly, maybe more than once. You've been told the warranty has expired, or that it's store policy not to issue refunds, or that the matter is "under review" — and nothing has changed. If you're in Queensland, you have two main escalation paths available to you: the Office of Fair Trading (OFT) and, if that doesn't resolve things, the Queensland Civil and Administrative Tribunal (QCAT). Both are free or low-cost, and in most consumer disputes you can usually use them without a lawyer. This guide walks you through how each works, when to use them, and what to expect.

Quick answer

Whether escalating through the OFT or QCAT is the right move — and how likely it is to succeed — depends on a few key variables: whether your purchase falls within the ACL's definition of a consumer transaction, whether the failure is major or minor, what remedy you're seeking, and how much evidence you have. Generally speaking, the OFT offers a free conciliation service that can often resolve disputes without a formal hearing. If conciliation doesn't work, QCAT can hear minor civil disputes and consumer claims, and you can usually file without legal representation. The ACL's consumer guarantees apply regardless of what the business's refund policy says — but the strength of your position will depend on the specific facts of your case.

What the law actually says

The Australian Consumer Law (ACL) is a national law that applies in every state and territory, including Queensland. In Queensland, the ACL applies as the Australian Consumer Law (Queensland) under the section 16 of the Fair Trading Act 1989 (Qld), and it is administered in practice by the Queensland Office of Fair Trading.

When you buy goods or services from a business where the purchase falls within the ACL's definition of a consumer transaction, the law automatically gives you a set of consumer guarantees. The key ones for most disputes are:

• Section 54 — Acceptable quality. Goods must be safe, durable, free from defects, acceptable in appearance, and fit for the purposes they're commonly bought for.
• Section 55 — Fitness for disclosed purpose. If you made known to the seller a specific purpose you needed the goods for, and it was reasonable to rely on the seller's skill and judgment, the goods must be fit for that purpose.
• Section 60 — Services with due care and skill. Services must be performed competently and with appropriate care.
• Section 64 — Guarantees cannot be excluded. A business cannot contract out of the consumer guarantees. A "no refunds" sign or a clause in the fine print does not remove your statutory rights.

When a guarantee is breached, your remedies depend on whether the failure is major or minor. Under section 260, a major failure is one where the goods would not have been bought if the consumer had known about the problem, the goods are substantially unfit for their normal purpose, the goods are unsafe, or they are significantly different from the description. For a major failure affecting goods, you can reject the goods and choose a refund or replacement, or keep them and seek compensation for the reduction in value. For a major failure affecting services, you may cancel the contract and seek a refund for the unconsumed portion, or keep the contract and seek compensation or a reduction in price. For a non-major failure, the business generally gets the first reasonable opportunity to fix the problem — for goods, by repair, replacement or refund as appropriate; and for services, by rectifying the problem within a reasonable time.

If you haven't yet sent a formal demand to the business, that's the right first step. A clearly written letter citing the relevant ACL sections often resolves disputes before any escalation is needed. You can generate a free demand letter in under two minutes 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 either refused your claim, failed to respond within a reasonable time, 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 have some form of proof of purchase — a receipt, bank statement, email confirmation, or loyalty card record.

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

• Private sellers. The ACL applies to businesses acting in trade or commerce. Most sole traders — a personal trainer, a freelance tradesperson, a market stall operator — will qualify as a business even if they are individuals. The test is whether the person is acting in trade or commerce, not whether they have a registered company. A genuine private sale (an individual selling a second-hand item on Facebook Marketplace, for example) generally falls outside the ACL, though other legal remedies may still be available.
• Change of mind. The ACL does not require a business to refund you because you changed your mind. If the goods work as described and no guarantee was breached, the OFT and QCAT cannot compel a remedy.
• Damage you caused. A defect claim won't succeed if the evidence shows the fault resulted from misuse or accidental damage by the consumer.
• Timing. The ACL does not set a single fixed warranty-style expiry period for consumer guarantee claims, but timing still matters. Significant delay can make it harder to establish that a fault reflects a lack of acceptable quality at the time of purchase, and rejection rights may no longer be available if you have already accepted the goods.

What to do today

If you've already sent a demand letter and the business has refused or gone quiet, here's how to escalate in Queensland.

Step 1 — Lodge a complaint with the Office of Fair Trading

The OFT is Queensland's primary consumer protection regulator for individual disputes. Lodging a complaint is free and can be done online through the Queensland Government website at qld.gov.au.

When you lodge, the OFT will typically contact the business on your behalf and attempt to broker a resolution through conciliation. This is an informal process — there's no hearing, no adjudication, and the OFT cannot force the business to agree to anything. What it can do is put the business on notice that a regulator is involved, which often prompts a resolution that wasn't forthcoming before.

To give your complaint the best chance:

• Attach your demand letter and any response you received.
• Include your proof of purchase and documentation of the fault (photos, repair quotes, correspondence).
• Be specific about what remedy you're seeking and why you believe a consumer guarantee has been breached.
• Note the relevant ACL sections if you can — acceptable quality, fitness for purpose, due care and skill, or major failure.

The OFT will generally aim to contact the business within a few weeks. If the business cooperates and a resolution is reached, the matter is closed. If the business refuses to engage or the parties can't agree, the OFT will usually explain that it cannot make a binding decision and may direct you to QCAT as the next step.

Step 2 — File a claim at QCAT

The Queensland Civil and Administrative Tribunal (QCAT) can hear minor civil disputes and consumer claims. For most Queensland consumer disputes of that kind, the relevant pathway is QCAT’s consumer and trader dispute process. Claims above that amount generally need to go to a court with the appropriate monetary jurisdiction. Filing fees are modest by court standards but vary depending on the amount claimed, and QCAT also has fee-waiver arrangements for financial hardship in some cases. You can usually represent yourself — QCAT is designed to be accessible to ordinary people without legal training.

You can find information about filing at QCAT through the Queensland Courts website. Before filing, gather:

• Your demand letter and the business's response (or evidence that they didn't respond).
• Your OFT complaint reference number and outcome letter.
• All evidence of the fault, the purchase, and any costs you've incurred.
• A clear statement of the remedy you're seeking and the legal basis for it.

At a QCAT hearing, the member (the decision-maker) will consider the evidence from both sides. You'll be expected to explain what you bought, what went wrong, why you believe a consumer guarantee was breached, and what remedy you're entitled to. You don't need to speak in legal language, but knowing which guarantees apply to your situation — and being able to point to the ACL — will generally strengthen your position.

What if the business refuses

If the business refuses to engage with the OFT conciliation process, or if QCAT rules in your favour and the business still doesn't comply, there are further options.

A QCAT order is a binding legal decision. If a business fails to comply with a QCAT order, enforcement mechanisms are available through the Queensland court system. The OFT also has broader regulatory powers — if a business is engaging in conduct that affects multiple consumers, the OFT may investigate and take action under the Fair Trading Act 1989 (Qld) or refer the matter to the ACCC for systemic issues.

For disputes involving financial products or services — insurance, credit, banking — the right escalation path is usually the Australian Financial Complaints Authority (AFCA) rather than QCAT. AFCA is free, its decisions are binding on the financial firm, and it handles complaints that fall outside the OFT's jurisdiction.

For a broader overview of which tribunal applies to your situation, see our guide to NCAT, VCAT, QCAT and other tribunals.

It's also worth knowing that the ACCC handles systemic and industry-wide conduct rather than individual disputes. If your problem is with a single transaction, the OFT and QCAT are the right forums. If you believe a business is running a widespread scam or engaging in conduct that affects many consumers, an ACCC complaint may be appropriate in addition to your individual escalation.

Common mistakes

A few patterns come up repeatedly in Queensland consumer disputes that are worth avoiding:

• Skipping the written demand. Going straight to the OFT without first sending a formal demand letter to the business often slows things down. The OFT will typically ask whether you've attempted to resolve the matter directly. A well-written demand letter also sets out your legal position clearly and gives the business a chance to resolve things before a regulator gets involved — which many businesses prefer.
• Being vague about the remedy. "I want this sorted out" is less useful than "I am seeking a full refund of $X under the ACL on the basis that the goods have a major failure." The more specific you are, the easier it is for the OFT conciliator and, if needed, a QCAT member to assess your claim.
• Accepting a repair when you're entitled to more. For a major failure, you have the right to choose your remedy. If the business offers a repair and you believe the failure is major, you are generally not obliged to accept it. See our article on replacement vs repair vs refund for more on this.
• Waiting too long. While the ACL doesn't set a single fixed expiry date for consumer guarantee claims, delay can work against you — it becomes harder to prove the fault existed at the time of purchase, and the business may argue the goods were used beyond a reasonable lifespan given their age, price, and type.
• Confusing the OFT's role. The OFT is a conciliation and regulatory body, not a court. It cannot order a business to give you a refund. If conciliation fails, QCAT is where binding decisions are made.
• Assuming you need a lawyer. For most consumer disputes at QCAT, self-representation is common and workable. Bringing a clear folder of evidence and a concise written summary of your claim is usually more useful than legal representation for a straightforward consumer guarantee dispute.

For a detailed walkthrough of what happens after a business refuses your initial claim, see business refused your refund — what to do next.

Related reading

• NCAT, VCAT, QCAT — which tribunal handles your dispute?
• Escalating a consumer complaint in NSW
• Business refused your refund? Here's what to do next

Full contact details for Queensland's Office of Fair Trading and all other state and territory consumer agencies are at /agencies.

This article is general information about Australian Consumer Law, not legal advice. The ACL is complex and your situation may have details that change the analysis. For advice on your specific case, see your state's Fair Trading body — full list at /agencies.