When a consumer makes a complaint about a real estate transaction, which is the correct order of escalation under Australian consumer protection frameworks?
Correct Answer
B) The agency, then the state fair trading body, then a state tribunal such as NCAT
The usual path is to raise the complaint with the agency first, then take it to the state fair trading body (for example NSW Fair Trading or Consumer Affairs Victoria), which can conciliate. If that fails, the consumer can apply to the state tribunal, such as NCAT, VCAT or QCAT, for a binding decision. The ACCC does not resolve individual complaints.
Why This Is the Correct Answer
Complaints are handled from the least formal step to the most formal. The agency gets the first chance to fix the problem, the state fair trading body can then investigate or conciliate, and a state tribunal such as NCAT, VCAT or QCAT makes binding orders if conciliation fails. Appeals from those tribunals go to state courts, not the Federal Court.
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