While there is no agreed definition of a profession, the ACCC is guided by the definition proposed by the Australian Council of Professions which defines a profession as:
'A disciplined group of individuals who adhere to high ethical standards and uphold themselves to, and are accepted by, the public as possessing special knowledge and skills in a widely recognised, organised body of learning derived from education and training at a high level, and who are prepared to exercise this knowledge and these skills in the interest of others.
Inherent in this definition is the concept that the responsibility for the welfare, health and safety of the community shall take precedence over other considerations.'
A quick look at consumer protection and the professions
There are consumer laws in place to protect you from false, misleading and deceptive practices and unconscionable conduct. These laws apply to professional service providers as well as other traders.
Misleading and deceptive conduct
No matter how a business or professional communicates with you, you have the right to receive accurate and truthful messages about the goods and services that are offered to you.
Examples of potential areas of misleading or deceptive conduct include:
statements made in brochures, letters or advertisements in magazines, on television or on radio that relate to the professional or their services
statements made directly to consumers by the professional.
These statements may relate to the professional's qualifications, to goods or services provided by the professional or to the price of the services.
Informed financial consent
Professionals have an ethical duty to inform you about the cost of services they provide and about your right to obtain a second opinion or information on these costs before the services are provided.
Professionals should disclose their commercial or financial interest in other professionals' practices that they refer clients to, or any inducements they receive from suppliers whose products they recommend or use.
The failure to obtain informed financial consent from consumers may raise issues under the misleading and deceptive conduct provisions of the Trade Practices Act.
Unconscionable conduct and the professions
You may be disadvantaged in your dealings with professionals as they tend to know more about the services they provide.
Unconscionable conduct occurs when a business (or professional) is unreasonable, bullying, oppressive and lacking good faith. In general, the conduct must be more than just unfair; it must be so harsh or unreasonable that it goes beyond the kind of behaviour acceptable in everyday business.
The Trade Practices Act and fair trading acts in each state and territory contains specific prohibitions against unconscionable conduct.
Rather than specifically define what will be unconscionable, the law lists factors that the courts may take into account when deciding whether unconscionable conduct has occurred.
In consumer transactions, these include:
whether the business (or professional) used undue influence, undue pressure or unfair tactics
whether you were able to understand the documentation used
the relative bargaining strengths of the business (or professional) and you
the price and terms on which the goods or services could have been acquired elsewhere
whether one party required the other to comply with conditions not 'reasonably necessary' to protect their legitimate business interests
Note that unconscionable conduct does not automatically occur because one of these factors exists. Only a court can determine whether unconscionable conduct has occurred and the court may take into account any factors it deems relevant.
Due care and skill
The consumer protection provisions of the Trade Practices Act also include implied warranty provisions that require a professional service to be undertaken with due care and skill (this warranty does not apply to architects or engineers).
You can visit our section on Warranties, guarantees & refunds (see Your statutory rights) to learn more about implied warranties.
A quick look at competition and the professions
The Trade Practices Act does not regulate the fees charged by professionals. However, the ACCC is concerned that the fees and charges raised by professionals are not arranged by agreement with another professionals with whom they compete. Price fixing of this type may occur when an industry association that represents the interests of professionals has a recommended fee or recommended fee schedule.
While it is normal to expect some variation in prices between providers depending on the quality of the service you receive or the experience of the provider (for example), if you think a professional has overcharged you or acted in an anti-competitive way, you should report your concerns.
For example, two or more veterinarians agreeing on a price to charge consumers for services they provide could be considered anti-competitive. This could amount to price fixing under the Trade Practices Act and lead to higher prices payable by consumers
Of course in some situations, the detriments of some anti-competitive arrangements are outweighed by public benefit. If this is the case, the 'authorisations and notification' processes may enable such arrangements to remain in place to the benefit of consumers.
More about the Trade Practices Act and the professions
If you would like to know more about how the Trade Practices Act applies to the professions, visit Professions & competition in the For business section of our website.
In this section, you can find more detail about competition issues in the professions, how the Trade Practices Act is enforced, issues in emerging professions and a variety of other topics of interest.
Handy hints for dealing with professionals
It is important that you trust the professional that you are dealing with and have confidence in the service they are providing you. Make sure you know your rights and responsibilities and do not be afraid to ask questions.
Confirm the professional is qualified and licensed
Do you know what qualifications a professional has? Check the person has all the qualifications, permits, registrations and licenses that are required for the service they are offering.
Can you understand what the letters after a professional's name mean? If in doubt, ask.
Beware of irrelevant qualifications or memberships used as a marketing tool.
Check advertising material closely
Read the fine print for extra terms and conditions.
Ask yourself whether comparisons they make against other services or service providers appear fair, accurate and current.
Be cautious of testimonials or endorsements. A testimonial from one satisfied customer is not a guarantee that you will achieve the same outcome.
Get a second opinion or several quotes
Avoid making big decisions on your own. Talk to someone you trust, especially when large amounts of money are involved or the services relate to your health.
Do some research so you understand your options. Get quotes and opinions from several providers so you can make an informed decision.
If you are not completely confident with the person you are dealing with, find someone else who you feel you trust.
Confirm the total cost before you commit
Make sure the provider has disclosed the full costs of goods or services before you commit yourself. Refer to informed financial consent (above) for more information.
Check how many visits or services you might need as part of the total service package.
Read limitations and qualifications on the value of services carefully. Ask if there are any other limitations or qualifications that could apply.
Understand your rights, responsibilities and any risks
Make sure that you understand any risks that might be associated with the service.
Ask about any insurance the provider has and what options you have if things do not go as well as you planned.
Ask them if there may be a financial conflict of interest that could be influencing their advice. Refer to informed financial consent (above) for more information.
Where to go for help with professional services
In the How to complain section of our website, you can find lots of practical tips on how to resolve problems, including the steps you can take and how to write a letter.
If you are unable to resolve your problem with the service provider, there are other organisations that can help you or offer you advice. The best place to go will depend on the nature of your complaint or inquiry and the type of professional service that your concern relates to.
You can search our Consumer & business directory for contact details of many of the agencies, organisations or associations that can help you. There is a link to the directory in the menu on the left. If you are still unsure of your options, our Infocentre may be able to make some suggestions.
Here are some options for you to consider.
Consumer protection and fair trading issues
When you concern relates to anti-competitive, misleading and deceptive or unconscionable behaviour, you can contact our Infocentre on 1300 302 502 or submit a complaint online. Professional services are governed by the fair trading laws in each state and territory which contain similar consumer protection provisions to the Trade Practices Act and apply to natural persons and companies.
You can also report your concerns about the conduct of professionals to your local state or territory office of fair trading (sometimes called 'consumer affairs') who administer the fair trading laws in each state and territory.
Financial services
The Australian Securities and Investment Commission (ASIC) is the consumer protection regulator for financial products and services. ASIC has powers to protect consumers against misleading or deceptive and unconscionable conduct affecting all financial products and services.
If your concern relates to misleading or deceptive conduct involving a financial product or service, such as credit, banking, investments, superannuation or insurance, the ASIC may be able to help you. Contact ASIC on 1300 300 630 or visit FIDO, ASIC's consumer website, to learn more about ASIC's consumer protection role and functions.
Medical and health services
You can make complaints about medical professionals to the health services complaint body in your state or territory. These agencies have different names depending on where you live and may be called health rights or services commissioners, health complaints commissions or health industry ombudsman.
Search under 'health industry' in our Consumer & business directory for relevant contact details.
Each state and territory has a complaints handling body that you can contact about legal professionals. These agencies may be called legal service commissioners, legal ombudsman schemes or legal complaints committees depending on where you live.
Search under 'legal services' in our Consumer & business directory for the agency in your state or territory.
Community legal services centres, legal aid or citizens advice bureaus operate in most areas. These services are normally provided free of charge to eligible applicants. You can also find contact details for these organisations in our Consumer & business directory.
Professional associations
Professional associations, societies, institutes and unions are membership based organisations that represent their members in a particular industry or industries. As well as offering support and benefits for professionals working in a particular industry, they will generally be a good source of information for consumers who have concerns or inquiries about a professional in that industry.
You can search our Consumer & business directory for contact details of many relevant associations.
Industry ombudsman and other dispute resolution schemes
Some industries including telecommunications, financial services, energy, water and insurance provide free complaints services through an ombudsman or independent dispute resolution scheme.
You can search our Consumer & business directory for contact details of many of these schemes.
