Consumer and Business Services (CBS) helps with a variety of consumer disputes – whether you have:

  • purchased a product that doesn’t match what was promised
  • paid for a service that wasn’t completed
  • problems with building work or a major purchase.

The Advice and Conciliation branch offers general consumer advice, as well as tips on how to complain effectively and to help solve a problem with a business.

You can access CBS' initial steps via interactive advice forms for disputes with a builder or tradesperson or about a used car purchase or other consumer goods or services.

Upon request, the Advice and Conciliation branch offers conciliation as an alternative dispute resolution (ADR) service. Please note that this service is generally only offered when consumers have used reasonable attempts to resolve their disputes with traders and where the matter has been assessed as suitable for conciliation.

Conciliation is a method of resolving disputes amicably without going to court. It brings together two opposing parties to negotiate a compromise. The goal is to reach an agreement that both sides find acceptable, to avoid the need for a trial.

CBS conducts both voluntary and compulsory conciliations. Conciliators are impartial and parties are under no obligation to reach a settlement. Most voluntary conciliations are conducted by telephone, and parties do not need to attend in person.

Compulsory conciliation conferences

When consumer disputes are more complex, CBS may call a compulsory conciliation conference. A decision to call a compulsory conference is not made lightly and the dispute must meet certain criteria for a conference to proceed.

The conference brings consumers and traders together with an independent and impartial accredited conciliator to explore possible resolutions and help settle disputes fairly. Should there be an agreement, it may be formalised into a written instrument that can be enforced in the Magistrates Court if not upheld. This small team has a near 75% success rate.

The role of the conciliator in compulsory conciliations is to:

  • help the parties reach a resolution
  • lead the discussion and provide guidance on relevant laws
  • ensure conversations remain polite and on-topic
  • explore the issues involved.

The conciliator does not:

  • give either party legal advice
  • argue on behalf of either party
  • judge the facts of the case
  • make any type of decision or determination.

Traders must attend or risk a fine of up to $50,000 or a $5,000 expiation fee.

Outcomes can include:

  • refunds or partial refunds
  • repairs or replacement of goods
  • completion of outstanding work
  • rectification of defective work
  • clarification of responsibilities
  • formal agreements between parties
  • resolution without further action.

If no agreement is reached, parties may seek legal advice about next steps. It is important to note that CBS cannot force traders to provide redress or make any determinations.