Consumer rights information for international students

In Australia, every person has consumer rights and responsibilities, and our trade practices are different from many overseas countries. Every person has the right to be protected from unfair business practices.

This information provides you with basic tips about your consumer rights and responsibilities in NSW.

Tips for education and training in Australia

Here are some tips when planning your study:

• Check if the institution you wish to study at is registered to deliver training – go to the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS) website.
• Do not pay any course fees to a training provider until you have signed a written agreement.
• Read the agreement and the terms and conditions carefully before you sign any paperwork with a training provider.
• You cannot transfer to another education provider before completing 6 months of your principal course and without a release letter from your provider.
• Check your written agreement to see what your provider’s policy says about transferring to another provider, as well as fees and refunds.
• If you have received your letter of release from your training provider, only then can you complete your enrolment, and sign a written agreement with the new provider.

For questions or problems, you may wish to contact:

• the international student office of your institution for further information
• Study NSW, which leads NSW Government’s support for international students and the international education sector.

The Australian Education International Students on 1300 615 262. If this does not resolve the problem with your private school, college or university, the Overseas Students Ombudsman may be able to help.
 

Shopping rights

The Australian Consumer Law (ACL) gives you rights when you buy goods and services in Australia, including rights to:

• repairs
• replacements
• refunds
• cancellation.

Consumer guarantees

Under Australian Consumer Law, most products or services bought in Australia after 1 January 2011, come with automatic consumer guarantees that the product or service you purchased will:

• be of acceptable quality 
• fit for a particular purpose
• matches the description, or
• sample or demonstration model.

Products must be of acceptable quality, which means the product will:

• be safe, lasting and free from defects
• look acceptable
• do all the things similar products are commonly used for.

Acceptable quality’ means what would normally be expected for the type of product and cost.

These guarantees apply automatically regardless of any other warranties businesses give or sell you. Depending on whether it was a minor or major problem, if a business does not meet these guarantees, you may have the right to a repair, replacement, or refund, to cancel a service, or get reimbursement for damages and loss. 

For information on your rights for products or services bought before 1 January 2011, go to the Australian Competition and Consumer Commission (ACCC) website.
 

Repairs, refunds, replacements

To make a claim about faulty products or services you need to show a receipt or other proof of purchase, such as a credit card or bank statement so traders can provide a remedy. A remedy could be a refund, repair or replacement.

Businesses must give you a receipt for goods or services valued at $75 or more. You can ask for a receipt for a transaction under $75 and the business must give it to you within 7 days.

In some situations, you are entitled to a refund for a product you buy. For example, if you bought a microwave but it does not do the job that it is supposed to do. However, there are also situations where you may not be entitled to a refund, for example, if you damage the microwave by not following the instructions on how to use it correctly.

A sign in a store that states ‘no refunds’ is illegal, as it implies you will not be provided with an appropriate remedy, even if the goods you bought are faulty. Signs that state ‘no refunds will be given if you have simply changed your mind’ are legal.

Tips for shopping online

Follow these tips when shopping online in Australia:

• Check the seller’s business details by calling them before your first purchase.
• Compare prices, postage, delivery, refund and return policies.
• Read customer reviews about the seller.
• Check if the site is secure before paying. Look for a key or closed padlock icon at the bottom or top of the computer screen.
• Never give your password or personal bank details.
• Check the exchange rate, sales tax and import duties (overseas seller).
• Print out the payment or order confirmation and keep it in a safe place.

What you should know before buying a vehicle from a private seller

Before you buy a vehicle from a private seller, follow these tips:

• Shop around and check prices.
• Check the car’s service history, also called a logbook, if buying a used car.
• Ask the seller to go for a drive to test the car.
• Pay a mechanic to do a car safety inspection for you as there is usually no warranty.
• Do a Personal Property Securities Register (PPSR) search online to check if the car has money owing (debt) from a previous owner. A car with debt could be repossessed (taken away) from you.

Watch the buying a used car video on YouTube in 7 community languages including English.

You can visit the ServiceNSW website or call 13 77 88 for all of your vehicle related transactions, including:

• getting your licence 
• registering your vehicle. 

What you should know about mobile phones and data plans

If you are planning to buy a mobile phone or data plan, follow these tips:

• Shop around. Look at different types of plans, compare prices, services and network providers. Consider using prepaid services.
• Read the contract. If you decide on a plan (paying monthly), read the terms and conditions, including the small print, before signing. Make sure you understand the terms for cancelling the contract.
• Check the payments. Find out what your monthly payments will be and if you will be charged at a higher rate if you exceed your call or data allowance.
• Check network coverage maps on the provider’s website and contact the provider to find out the quality of reception in the areas you will use the service.
• Keep your contract. Make sure you also keep your receipts, warranty and other paperwork. You may need them if you have an issue with the phone or service provider.

For problems with phone cards, mobile phones and internet services call the Telecommunications Industry Ombudsman (TIO) on 1800 062 058.

Learn about gift cards and vouchers

A gift card or gift voucher is a card or voucher loaded with an amount of cash. It allows you to buy goods and services. Cards should have an issue date and have a minimum of expiry period of 3 years.

There are some important things to remember when buying gift cards or vouchers:

• Check the expiry or issue date, (gift cards and vouchers have a minimum expiry period of 3 years).
• Treat your gift card like cash. If you lose it, it's gone.
• Read the terms and conditions about getting ‘change.’

Find out if you can request a credit card chargeback

A chargeback is a refund facility available from credit card providers. It may be possible for you to request a chargeback from your credit card provider if:

• goods or services that you have ordered have not been provided, but your credit card has been charged
• a transaction is made with your credit card without your approval or authorisation
• a transaction is illegal such as a forged signature, or use of an expired credit card.

A time limit may apply for the use of this facility.

For further information regarding chargeback, contact your credit card provider.

How to avoid being a victim of scams

Scammers pretend to be from organisations you know and trust – like mygov, your bank, police or government. Check and call the official phone number of the organisation. 

A scam is a trick or a fraud when you:

• pay money but get nothing back for it, or
• get something that is worth less than the money you paid.

Scams can be anywhere – in the mail, email, internet, in person or over the phone. Scams can include:

• visa and tax scams, keep in mind that government departments will not contact you by phone
• offers of work
• requests to transfer money
• rental scams
• mobile phone scams 
• online shopping and auction scams.

Here are some tips to avoid scams:

• If an offer sounds too good to be true, then it probably is.
• Never send money or give personal details to a person or business you do not know.
• Never use public computers to do shopping or banking online.
• Do not respond to, or open unknown emails or click on any links.
• Do not be pressured to decide on the spot. Take time to do your own research and ask lots of questions.
• Keep your computer secure with up-to-date anti-virus software.
• Always check if the site is secure before paying online.

Report scams to SCAMwatch and read about the latest scams.

What you should do if things go wrong with a product or service

If you have a problem with something you have bought, follow these steps:

Contact the seller:

1. Explain the problem and how you want the situation resolved.
2. Keep the receipt and any documents that relate to the sale (such as credit card and bank statements, warranty or quote).
3. Write down the names of the people you speak to, what was said and the date you contacted them.
4. If you cannot come to an agreement with the seller, lodge an online complaint from the website. We may contact the seller to help negotiate a resolution.
5. If the problem remains unresolved, contact the NSW Civil & Administrative Tribunal (NCAT). NCAT provides low-cost tribunal services to help resolve a wide range of disputes. Call 1300 006 228 or go to the website.

NSW Fair Trading language resources

For more information about your shopping and other consumer rights watch the  My Consumer Rights videos.

If you have problems with refunds, warranties, consumer guarantees, buying a car, mobile phones, gift cards and vouchers, scams, renting, strata or education and training call 13 32 20. You can also visit ServiceNSW website to obtain information and to find your local centre.

If you need language assistance, contact the Translating and Interpreting Service (TIS) on 13 14 50 and ask for an interpreter in your language.

Things you should know about renting, strata and boarding in Australia

When you first rent a house or unit, you must be given the NSW Fair Trading tenant information statement. This document has important information you should know before you start renting, including your rights and responsibilities.

Renting advertisements

Check renting advertisements are real by visiting the property and checking the company or person’s details. If you are overseas, ask a friend or a relative to check them for you.

Rent bidding is prohibited in NSW. You are welcome to offer a higher rent, but the landlord or agent cannot ask you to pay more than the advertised price for rent.

Once your application has been approved, a landlord or agent may ask you to pay a holding fee of no more than one week's rent. This deposit will go towards your rent after you sign the rental agreement.

Signing a lease

To rent a house or unit you must sign a Residential Tenancy Agreement with a landlord or agent. This legal document is called a lease. It explains what you, the tenant or landlord can do and cannot do. Information in the lease, includes:

• the amount of rent you need to pay
• how and when to pay rent
• the lease term, which is usually for 6 to 12 months.

A landlord may only require you to pay rent and a rental bond. No other payments should be required from a tenant for signing a lease.

Once you have signed the lease, you must be provided with a signed copy that includes the full contact details and address of the landlord or their agent.

Go to the Renting a place to live page for more information on what you need to know while renting and how to end a rental agreement.

Rental bond

When you agree to rent, you must pay a rental bond, which should be no more than the amount of 4 weeks rent. Your agent or landlord must offer you the option to use the Rental Bonds Online service.

Bonds must also be lodged with the Rental Bond Board. 

Information for boarders or lodgers

If the landlord, or ‘operator’ keeps control over your room and the rest of the accommodation, you may be a boarder or a lodger. You will only be able to occupy a room and will share facilities such as a kitchen and bathroom with other boarders or lodgers.

Boarders and lodgers do not have the same rights and protections as residential tenants. Boarders living in a ‘registrable’ boarding house have a basic set of rights called ‘occupancy principles.’

Before you move into a boarding house, you have a right to certain documents and information. 

Go to the boarding house page for more information. 

Managing your rent payments

In addition to your bond, a landlord or agent may request you pay rent no more than 2 weeks in advance.

To avoid late payment, ensure you allow for transaction times as some payment methods may take a few days to clear.

If you are having trouble with your landlord or agent

You can use our free complaint service if you have any tenancy issues or disputes.  

We can assist with a range of matters and can help negotiate an agreement. You can also:

• call us on 13 32 20
• lodge a complaint. 

Living in a strata scheme

If you live in a unit or townhouse, you may be living in a strata scheme. Strata schemes have by-laws, which people who live in strata and their visitors must follow. For example, these may affect where you can smoke, and where you can park your car. 

The landlord or agent must inform you of any by-laws before you enter into the tenancy agreement. If you do not follow the by-laws, you will be in breach of your rental agreement and can be fined or lose your tenancy. Tenants should also refer to the conditions of their lease.

Visit our strata page for more information about living in a strata scheme.