When You Have a Dispute — Free Complaint Steps with AFCA, TIO and Ombudsmen
If you have a dispute with a bank, insurer, money transfer service, phone or internet provider, energy or water supplier or government agency: the order of steps after your internal complaint, and which free body handles what (AFCA, TIO, state energy and water Ombudsmen, Commonwealth Ombudsman).
Overview — free dispute resolution outside the courts
If you have a dispute with a bank, insurer, money transfer service, telecommunications provider, electricity or water supplier or government agency, Australia has free external dispute resolution (EDR) schemes you can use without going straight to a court or tribunal. The order is broadly the same. First, make a formal complaint (internal dispute resolution, IDR) to the business or agency; if it is not resolved, you move on to the external body for that sector. This guide covers only the jurisdiction map, which shows which body handles what, and the common order of steps. Industry-specific details are in the individual guides, such as 'Consumer Rights & Refunds', 'Utilities', 'Insurance' and 'Remittance'.
Types of body — industry schemes differ from government agencies
AFCA and TIO (the Australian Financial Complaints Authority and the Telecommunications Industry Ombudsman) and the energy and water Ombudsmen such as EWON and EWOV are generally not government agencies but independent industry schemes that businesses in the sector must join. The structure differs by region: in Tasmania it is a statutory Ombudsman set up under state law, in Western Australia the state Ombudsman also serves as the industry scheme's Ombudsman, in the ACT a tribunal handles it, and in the Northern Territory the territory Ombudsman does. The Commonwealth Ombudsman, by contrast, is an independent body that deals with the administrative actions of Australian Government agencies. The ACMA, ACCC and AER are regulators, and they say themselves that they do not resolve individual disputes such as those about charges or contracts. However, the AER says it directly decides connection disputes of households and small businesses who cannot agree with an electricity or gas distribution network operator (distributor) on the connection costs or terms it has offered, so check the AER's official website for who is covered and how the process works.
Internal complaint (IDR) first — deadlines and records
Most external bodies tell you to make a formal complaint directly to the business or agency first. You can do this by phone, but it is better to leave a record by email or online form: put 'complaint' in the subject line and state the date, the details and the outcome you want. Response time limits differ by industry, and one industry's limits must not be applied to another. They can also change over time, so check each body's official guidance.
Financial firms follow RG 271 (2021)
RG 271 (2021) is the internal complaints standard set by the Australian Securities and Investments Commission (ASIC). It applies only to financial firms such as banks, insurers, credit providers and super funds, with exceptions by type. Do not apply these numbers to telecommunications, energy or government agencies. A financial firm's final response must state the outcome and that you can go to AFCA. Keep the complaint date, reference number and all responses.
- Financial firms (RG 271) — the standard is a response within 30 days (general), 45 days (superannuation) or 21 calendar days (credit default notices, hardship)
Conditions for using an external body — what to check
External bodies do not handle every dispute. Before you lodge, check whether the other party is a member (a registered business) of that body, whether you are still within the time limit, and whether a court or tribunal has already dealt with the matter. What follows is based on AFCA's requirements; the TIO and each Ombudsman have their own, so check that body's guidance.
- Membership — AFCA only deals with member financial firms. For money transfer apps and overseas businesses, check using 'Find a financial firm'
- Time limit — whichever is earlier of '6 years from when you knew, or should have known, about the loss' and '2 years after the final response to your internal complaint' (AFCA's general rule). Superannuation complaints, and complaints to which the National Credit Code applies, such as a change to a loan contract because of financial difficulty (hardship), an unjust transaction, or unconscionable interest and other charges, have separate time limit rules, so check the AFCA official website
Jurisdiction map by sector — where to go
Where you go depends on the type of problem. Workplace and wage problems are not covered by this map; see the 'Workplace Problems & Wage Theft Reporting' guide. Whichever body it is, complain to the business or agency first.
Handles disputes about banking, loans, insurance, money transfers, investments and superannuation, free of charge (1800 931 678). Health insurance is handled by the PHIO, not AFCA (the Private Health Insurance Ombudsman), and AFCA only deals with member financial firms.
Handles mobile phone and internet disputes, free of charge for individuals and small businesses (1800 062 058). All telecommunications providers operating in Australia must be registered with the TIO. Complain to your provider first.
For electricity and gas: NSW (EWON), VIC (EWOV), QLD (EWOQ), SA (EWOSA), WA (Energy and Water Ombudsman), TAS (Energy Ombudsman Tasmania) and NT (Ombudsman NT). In the ACT, the ACT Civil and Administrative Tribunal (ACAT) handles it. For water, the responsible body differs by state.
The administrative actions of Australian Government agencies are handled by the Commonwealth Ombudsman (1300 362 072); the Australian Taxation Office (ATO) and the Tax Practitioners Board (TPB) by the Tax Ombudsman; Australia Post by the Postal Industry Ombudsman; and state government agencies by each state's Ombudsman. The Commonwealth Ombudsman's office also performs the Overseas Students Ombudsman function.
Step-by-step complaint tips
Practical tips that first-time complainants often miss. If you keep records and follow the order of steps, lodging with an external body is much easier.
- Describe the problem and the outcome you want in a sentence or two. Include dates, amounts, contract number and what you are asking for (refund, correction, repair, etc.).
- Lodge it in writing and get a reference number. If you phoned, make a note straight away of the date, who you spoke to and what was said.
Myths and mistakes
These are misunderstandings that come up often in dispute resolution. They can lead you to lodge in the wrong place or miss a deadline.
- Thinking you can go straight to AFCA or an Ombudsman — in most cases the order is to complain to the business or agency first. AFCA also says the first step is usually to tell the financial firm directly, and if you lodge with AFCA straight away it will usually pass the complaint to the firm to give it the chance to resolve it first. If the financial firm does not respond within the time limit, or its response is not satisfactory, you can lodge with AFCA.
Useful official links
- AFCA — Make a complaint(opens in a new window)
How to lodge with AFCA; interpreting and translation forms (finance, insurance, super)
- TIO — Our process(opens in a new window)
TIO complaint stages, types of outcome and interpreting help (phone and internet disputes)
- AER — Useful contacts(opens in a new window)
The AER's table of energy Ombudsman contacts for each state and territory (with phone numbers)