Your rights
What debt collectors can and cannot do under Australian law
Australian Consumer Law (ACL), ASIC Regulatory Guide 96, ACCC/ASIC Debt Collection Guideline
Debt collectors have strict rules about how they can contact you and what they can say. Many people don't know these rules — which means they get away with behaviour that's actually illegal.
This is general information, not financial or legal advice. For help with your specific situation, call the National Debt Helpline on 1800 007 007 (free, confidential).
Debt collectors must tell you who they are, who they're collecting for, and the amount owed. They must also confirm the debt is actually yours.
Collectors cannot use threats, aggressive language, or intimidation. They cannot imply criminal consequences for unpaid debt (most debts are civil, not criminal).
Collectors cannot contact you excessively. Generally: max 3 phone calls per week, max 10 per month. No calls before 7:30am or after 9pm weekdays, or on Sundays/public holidays.
You can tell a collector you only want to communicate in writing. This gives you time to think, get advice, and have a paper trail.
You can tell a collector not to contact you at your workplace. If you tell them to stop, they must stop.
You can ask the collector to verify the debt — prove it's yours, prove the amount, and prove they have authority to collect it. They must pause collection while verifying.
Debts have a limitation period (typically 6 years in most states). After this period, the creditor cannot take you to court — though they may still contact you. Making a payment or acknowledging the debt can restart the clock.
If a debt collector breaches these rules, you can complain to AFCA (for financial services debts) or the ACCC. You can also complain to your state's fair trading body.
Select your state above to see local ombudsmen, grants, and contact numbers.
A financial counsellor can negotiate with companies on your behalf — for free.