NBN & Internet Complaints: How to Get Your Money Back
If you are experiencing constant drop-outs, slow speeds during peak times, or a complete lack of connectivity, you aren’t just dealing with a technical glitch—you are likely facing a breach of the Australian Consumer Law (ACL). As an Australian consumer, you are protected by statutory guarantees that services must be ‘fit for purpose’ and provided with ‘due care and skill.’
Your Rights Under the Competition and Consumer Act 2010
Internet Service Providers (ISPs) frequently use the excuse of ‘typical evening speeds’ to justify underperformance. However, the Competition and Consumer Act is clear: if a service does not meet the description provided or fails to work as promised, you are entitled to a remedy. This could be a repair, a plan downgrade with a refund, or the right to cancel your contract without any exit fees.
The ‘Fit for Purpose’ Guarantee
If you signed up for an NBN 100 plan specifically for working from home or 4K streaming, and your line can only physically support 30Mbps, the service is not ‘fit for purpose.’ The ISP cannot hold you to a 12 or 24-month contract for a service they cannot physically deliver. Citing this specific ACL guarantee is the fastest way to get your account flagged for a ‘No Penalty Exit.’
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Escalating to the Telecommunications Industry Ombudsman (TIO)
The TIO is a free service for consumers, but you cannot go to them until you have made a ‘reasonable attempt’ to resolve the issue with your ISP. A ‘reasonable attempt’ is defined as a formal written complaint. If your ISP has a record of your formal complaint letter and has failed to act within 10 business days, the TIO will take on your case and charge the ISP for the investigation.
How to Document Your Technical Evidence
- Speed Tests: Conduct tests at 9 AM, 3 PM, and 8 PM (peak time) over three days. Use an ethernet cable, not Wi-Fi, to prove the fault is on the line.
- Drop-out Logs: Most modern routers log ‘DSL Sync’ or ‘WAN’ drops. Screenshot these logs.
- Case Reference Numbers: Keep a record of every interaction with technical support.
