You may want to discuss concerns about misconduct directly with the debt collector. Tell them you believe their conduct is unacceptable and refer them to the Debt collection guideline for collectors and creditors produced jointly with the Australian Securities and Investments Commission (ASIC).
If the harassment is serious and/or ongoing, you should report it to the ACCC, ASIC, or your local consumer protection agency. Conduct involving assault or threats of violence should be reported to the police.
General consumer protection laws are regulated by the ACCC and state and territory consumer protection agencies. If your debt relates to goods and services generally (e.g. phone or utility bills and debts to tradespeople or service providers), contact our Infocentre on 1300 302 502 or search our Consumer & business directory for contact details for consumer protection agencies in your state or territory.
ASIC is the financial services regulator. If your debt relates to a loan or credit card (or another financial service), check ASIC's MoneySmart website for further information.
Office of the Privacy Commissioner
Debt collectors must protect your personal information and the personal information of third parties. Contact the Office of the Privacy Commissioner if you believe that the debt collector or creditor has breached privacy laws.
Dispute resolution schemes
Many industries (such as banking, telecommunications, energy, water and insurance) have their own dispute resolution schemes (sometimes called an ombudsman scheme). These schemes are available to consumers free of charge, and decisions are binding. If you have an ongoing dispute, the ombudsman from the industry you are dealing with may be able to help you resolve the matter.
Legal proceedings against you generally cannot be started while a matter is being considered by an ombudsman.
Free legal aid and community legal services are available in every state and territory. In some courts, chamber magistrates can also give initial advice to people who have had civil proceedings brought against them.
For some people in debt crisis, bankruptcy or a Bankruptcy Act agreement may be an option, although this has serious consequences. It is very important that you get advice from a free and independent financial counsellor or a qualified financial adviser before taking any action if you are thinking about bankruptcy as an option. You can also get information on personal bankruptcy from the Insolvency Trustee Service Australia (ITSA), the government body that regulates the personal insolvency system in Australia.
Regulation of consumer credit
ASIC now has responsibility for the regulation of consumer credit when the new National Credit Code. These new credit laws replace the previous state and territory legislation (the Uniform Consumer Credit Code). This includes home loans, personal loans, credit cards, consumer leases, prearranged overdrafts and line of credit accounts.
Information for consumers and borrowers, including tips on using credit wisely, taking control of debt and what to do if in financial difficulty, can be found on ASIC's MoneySmart website at www.moneysmart.gov.au.
