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Making a complaint about a professional

On this page:

Before you lodge an official complaint
Lodging an official complaint with Consumer Affairs
After you have lodged an official complaint
Compulsory conciliation conferences
If a dispute can’t be resolved
Going to court
Service a claim
Defending a claim

Before you lodge an official complaint

Step 1: Make sure all the information you have is correct and:

gather all the relevant paperwork - eg receipts, contract, order forms
keep a record of who you spoke to, when you spoke to them and what was discussed - eg what did they suggest.

Step 2: Try to resolve the problem by talking to the professional in a calm and courteous manner. Explain the problem and offer some solutions that will satisfy you. If possible speak to a manager or supervisor. You should keep an open mind when considering solutions.

Step 3: If you can’t come to an agreement after speaking to the professional or their company you should put your complaint in writing and address it to the company’s manager. Ask for a written response within a specific time limit and give them reasonable time to fix the problem.

When putting a complaint in writing:

write as soon as possible
include your name and contact details
quote any account information - eg account or contract number, date of the contract
clearly identify the problem and what you want the professional or company to do to resolve it
be concise and specific - eg quote the date of events and circumstances around the complaint
include copies of any relevant documentation - eg letters, copy of the contract
set a reasonable deadline for them to respond
keep a copy of your letter as a record of your attempt to try to settle the matter.

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Lodging an official complaint with Consumer Affairs

Consumer Affairs handles disputes around the purchase of consumer products and services - eg real estate agency services.

They can only assist with complaints if:

the goods or services were advertised and purchased in South Australia
legal action has not commenced
the goods or services were not purchased for commercial business purposes.

Before Consumer Affairs can offer assistance you will need to demonstrate that you have made a reasonable attempt to resolve the problem first - eg a copy of the letter sent to the professional or the company.

To lodge an official complaint:

contact Consumer Affairs to obtain a request for assistance form
complete this form and return to Consumer Affairs along with any copies of relevant documents - eg contract, complaint letter, receipts.

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After you have lodged an official complaint

After a request for assistance has been returned to Consumer Affairs they may be able to help as a neutral and objective third party. They can provide you and the professional with advice and information to try to reach an acceptable solution.

You and the professional must be willing to participate in these negotiations. Most disputes are successfully resolved at this stage. No one can be forced to agree to a settlement - only the courts are able to impose legally binding decisions.

How long the process takes will depend on how complex the situation is. You will be provided with regular updates on the progress of the negotiations.

After a complaint is lodged you will receive written confirmation that your complaint has been accepted. The case officer who is managing your complaint will:

clarify the facts and gather information
discuss with you the professional’s response to the complaint
provide advice and information
suggest alternative acceptable solutions
determine if you need to get a report from an expert to support your complaint
attempt to negotiate a mutually acceptable solution with you and the professional
advise you in writing once the matter has been finalised that the case has been closed.

Your solutions and expectations should be realistic. You may be asked to:

write to the professional again during the conciliation process
contact other organisations to support your case
get independent reports from experts to support your case and cover the costs associated with this.

Even if your dispute can't be resolved the reports, letters and information obtained during this process may still be useful as supporting evidence should you decide to take the matter to court.

Privacy

Any information gathered by Consumer Affairs during the complaint investigation will be kept strictly confidential. It will not be available to other people under freedom of information. Some information must be provided to the person you have complained about in order to negotiate a solution. If you don't want certain information to be given to them you must make this clear to your case officer.

Special assistance

Special assistance can be arranged to ensure all customers can access these services in a fair and equitable manner. The process will be adapted to accommodate all consumers including:

older persons
people with an intellectual or physical disability
people with mental health considerations
people from a non-English speaking background.

If the professional does not participate in the resolution process the Commissioner of Consumer Affairs can call a compulsory conciliation conference as an alternative to legal action.

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Compulsory conciliation conferences

The Commissioner of Consumer Affairs will take certain points into consideration before calling a compulsory conciliation conference. These include:

the number of complaints against the professional
any conduct that may be in breach of legislation - eg Fair Trading Act 1987
whether a professional has a poor approach to customer complaint handling
any other relevant factors.

Attendance at a conciliation conference is compulsory. If you don’t attend without a reasonable excuse Consumer Affairs may decide to take no further action. If you have a valid reason for not attending then rescheduling is usually possible. If a professional doesn’t attend without a reasonable excuse they risk being fined up to $10,000.

The Commissioner for Consumer Affairs will decide how the conference takes place - eg telephone, video conferencing.

If an agreement is reached during a compulsory conciliation conference it will be:

documented
signed by you, the professional and the Commissioner
copied and a copy given to you and the professional.

Each party is expected to fulfil the terms of the agreement. If they don’t, you or the Commissioner may apply to the Magistrates’ Court for an order to legally enforce the terms of the agreement.

If you are involved in a dispute with a conveyancer you should apply to the Administrative and Disciplinary Division of the District Court.

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If a dispute can not be resolved

If an agreement cannot be reached at the conference the Commissioner will probably cease to be involved. It will be up to you and the professional to decide if you want to take any further action - eg civil legal action.

Your case officer will be able to give you advice around the options available if you want to continue with the dispute.

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Going to court

Court action can be stressful, expensive and time consuming and is usually the last resort when all other means of resolution have been exhausted. Seeking redress through the courts can be a long and difficult process with no guarantee of success. These matters can take a considerable amount of time to resolve and can be frustrating for all parties involved.

If you decide to bring the matter to court it is recommended that you seek independent legal advice before lodging a claim. Consumer Affairs can not provide you with legal advice or assistance in court matters.

Some information gathered by Consumer Affairs during the course of the dispute resolution may be accessed by law enforcement authorities or by an order of a court. If you want to use your case file in court action you will need to ask the court to subpoena the file and your case officer to present it in evidence.

An individual, organisation or business can lodge a final notice of claim with the Magistrates Court prior to issuing a formal claim. This is to encourage parties to resolve their dispute without having to resort to a formal legal claim.

This notice can be issued for $12 online at the Courts Administration Authority website or over the counter at any South Australian Magistrates' Court Registry.

Before you issue a notice you must know all of these things:

the name and address of the person you wish to make the claim against
the basis on which this person owes you money
the amount you want to claim.

You should give the other party 21 days' notice in writing of an intended claim.

A directions hearing will be organised to determine the status of the action and explore possible avenues of reaching a settlement to the dispute. If a settlement can't be reached, a date will be set to define and resolve the issues if possible, or a trial date will be set.

You must attend the court in person on the date arranged. If you fail to attend within 15 minutes of the appointed time decisions can be made in your absence.

You are referred to as the plaintiff and the party you are claiming against is the defendant.

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Serving a claim

A claim can be served by:

the court on your behalf at no extra cost
a sheriff’s officer with an extra cost
you or another person on your behalf.

Once a claim has been filed you are in charge of the matter yourself. The defendant has 21 days to either:

pay the full amount of the claim to you or come to an acceptable agreement
defend the claim
do nothing.

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Defending a claim

If you are the defendant and are defending a claim, a copy of your defence will be sent to the plaintiff. You will get notification of when you will need to attend court. If you don't attend, the matter will be heard and a decision made in your absence.

If the other party has documentation you need you can write to them requesting to see it.

Minor civil claims are heard in an informal manner. At the trial neither party is permitted to have a lawyer present unless both parties agree to be represented. A magistrate will listen to the facts presented, ask questions, view the relevant documentation and decide the outcome.

If you do not respond within the 21 days the plaintiff can go to a Magistrates Court registry and ask for a judgement to be made in their favour.

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