Debt Collection Conduct Standards
The ACCC/ASIC Debt Collection Guideline — permitted contact hours, frequency, harassment prohibitions, hardship obligations, and how to make a complaint about a collector.
All debt collectors operating in Australia — whether or not they hold a credit licence — must comply with the Debt collection guideline: for collectors and creditors published jointly by the ACCC and ASIC. The current edition was published in July 2021 and is the authoritative reference for collector conduct standards in Australia. This page summarises the key conduct obligations, with links to the official guideline and complaint channels.
Merion's own collection practices are measured against this guideline. Our Collection Practices Policy explains in detail how we apply these standards.
The ACCC/ASIC Debt Collection Guideline
The Guideline applies to all creditors, debt collectors and credit managers collecting consumer and commercial debts in Australia. It is not a piece of legislation — it is issued by the ACCC and ASIC as a statement of their enforcement expectations under the Competition and Consumer Act 2010 (Cth) and the National Consumer Credit Protection Act 2009 (Cth). Conduct that falls outside the Guideline's standards may constitute harassment, misleading conduct, or unconscionable conduct under those Acts.
- Debt collection guideline (PDF — ACCC/ASIC, July 2021)
- The full guideline document — the authoritative reference for all Australian debt collector conduct standards. 64 pages; free to download.
- ACCC — Debt collection
- The ACCC's consumer-facing overview of debt collection rights, with links to the guideline and complaint channels.
- ASIC — Debt collection guidance
- ASIC's guidance for licensed credit providers and collectors on their obligations under the National Consumer Credit Protection Act.
Permitted contact hours
The Guideline specifies the times during which a collector may contact a debtor. Outside these hours, contact is generally not permitted except with the debtor's consent or in exceptional circumstances:
- Weekdays (Monday to Friday)
- 7:30 am to 9:00 pm (local time of the person being contacted).
- Weekends (Saturday and Sunday)
- 9:00 am to 9:00 pm (local time of the person being contacted).
- Public holidays
- Contact is not permitted on national or state public holidays (in the state or territory where the debtor is located), except with the debtor's consent.
Contact frequency limits
The Guideline does not prescribe a specific maximum number of contacts per period, but it does specify that contact should not be more frequent than necessary to advance the purpose of the contact. It provides indicative benchmarks — for example, no more than three contacts per week and no more than ten contacts per month for a personal contact with the debtor, absent special circumstances. Contacts that are not answered (calls that go to voicemail without a message being left) do not necessarily count toward these benchmarks.
Prohibition on harassment and coercion
The Guideline prohibits conduct that amounts to harassment, intimidation or coercion. This includes:
- Contacting a debtor excessively or at unreasonable times.
- Using threatening, abusive or offensive language — in person, by phone, letter or email.
- Threatening action that the collector does not intend to take or does not have the right to take.
- Making false statements about the debtor's legal liability, the consequences of non-payment, or the collector's identity.
- Attending a debtor's home at unreasonable times or in a threatening manner.
- Contacting a debtor's employer, family members or third parties except in limited circumstances (for example, to locate a missing debtor).
Hardship obligations
Where a debtor is experiencing genuine financial hardship, the Guideline requires collectors to consider hardship and, where appropriate, to offer arrangements such as:
- A temporary pause or reduction in repayments.
- An extended repayment period.
- A waiver of interest or fees in appropriate circumstances.
- Referral to free financial counselling.
A debtor who believes they are in hardship should make this clear to the collector — in writing where possible. If a financial counsellor is acting on the debtor's behalf, the collector should deal directly with the counsellor.
Written request to cease contact
A debtor may make a written request that the collector cease contact by a particular method (for example, phone calls to their work number) or cease contact altogether (except by formal legal notice). The collector must respect a reasonable written cease-contact request. A request to cease all contact does not eliminate the debt — it limits how the collector can pursue it. Legal proceedings remain an option for the creditor even if a cease-contact request has been made.
How to make a complaint
If you believe a debt collector has breached the Guideline, you have several options:
- AFCA — Make a complaint
- If the collector is an AFCA member (including most licensed credit providers), lodge a formal complaint with the Australian Financial Complaints Authority — free and binding.
- ACCC — Report a consumer problem
- Report conduct that may breach the Australian Consumer Law to the ACCC — for systemic or serious breaches.
- ASIC — How to complain
- Report concerns about a licensed credit provider or debt collector to ASIC.
Related Merion resources
- Merion Collection Practices Policy — how Merion applies the ACCC/ASIC Guideline to its operations.
- Merion Hardship Policy — Merion's hardship assessment process and how to apply for a hardship arrangement.
- Dispute Resolution & Ombudsman Services — AFCA and other external dispute resolution options.
- Debt Scam Awareness — how to identify fake debt collectors and report them.
- Regulators — ACCC, ASIC and their roles in regulating debt collection in Australia.
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