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Debt collectors

Disciplinary proceedings

QCAT conducts disciplinary proceedings against: 

  • debt collectors (collection agents and field agents)
  • subagents.

Only the chief executive can apply to commence disciplinary proceedings against a debt collector or subagent in QCAT.

If on hearing the chief executive’s application QCAT finds that the relevant grounds exist, QCAT may make an order:

  • reprimanding the person
  • requiring the person to pay a fine
  • requiring the person to pay compensation to someone who has suffered loss
  • disqualifying the person from holding a licence or registration certificate; or performing debt collection activities
  • imposing conditions on the person when debt collecting
  • suspending, cancelling or imposing conditions on the person’s licence or registration certificate.

Review of the chief executive’s decisions

QCAT is able to review certain decisions made by the chief executive including decisions:

  • regarding the suitability of a person to hold a licence or registration certificate 
  • issuing or refusing to issue a licence or registration certificate 
  • issuing a licence or registration certificate on conditions 
  • renewing or refusing to renew a licence or registration certificate
  • restoring or refusing to restore a licence or registration certificate
  • appointing or refusing to appoint a substitute licensee 
  • amending conditions on a licence or registration certificate 
  • immediately suspending a licence or registration certificate
  • cancelling a licence or registration certificate
  • refusing to grant an application for authority to open a trust account made by a collection agent
  • directing the operation of the licensee’s or collection agent’s accounts 
  • not to deal with a claim against the Claim Fund
  • allowing or rejecting a claim against the Claim Fund.  

For more information see Apply for a review of the chief executive’s decision.

Lodging a financial claim

If you have suffered a financial loss because of the actions of a debt collector you may make a claim against the Claim Fund. If you would like to make a financial claim against a debt collector through the Claim Fund contact the Office of Fair Trading who will investigate your case. Only Fair Trading deals with financial claims.

Legislation

Queensland legislation related to debt collectors includes the:

  • Agents Financial Administration Act 2014
  • Debt Collectors (Field Agents and Collection Agents) Act 2014
  • Queensland Civil and Administrative Tribunal Act 2009.

The Acts are available from the Office of the Queensland Parliamentary Counsel.   

Descriptions of QCAT's jurisdiction on this website are general information only. They do not definitively describe the types of applications on which QCAT can make decisions. The relevant legislation determines QCAT's jurisdiction. If you are unsure about your legal rights, you should seek legal advice. Your individual circumstances should guide any actions taken to resolve your dispute.

Last reviewed
2 December 2014
Last updated
7 January 2015

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