What should I do if a repair does not fix my car in Australia?
If a car repair does not fix the issue in Australia, you have consumer guarantees under the Australian Consumer Law. Contact the mechanic immediately to request a re-repair, refund, or compensation. If unresolved, escalate your complaint to a consumer protection agency.
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How it works in practice
Your Consumer Guarantees for Services
Under the Australian Consumer Law (ACL), services, including car repairs, come with automatic consumer guarantees. This means the service must be provided with due care and skill, be fit for any specified purpose, and be delivered within a reasonable time. If a repair fails to fix the problem, it indicates a failure to meet these guarantees.
When a repair is deemed faulty, you are entitled to a remedy. If the problem is minor and can be fixed, the mechanic must re-perform the service free of charge within a reasonable timeframe. If they refuse or fail to do so, you can get it fixed elsewhere and seek compensation for the costs, or terminate the service and receive a refund.
Major Failures and Your Rights
If the repair constitutes a major failure—meaning it cannot be fixed, or it is substantially unfit for its purpose and cannot easily be remedied—you have the right to choose your remedy. You can cancel the service and receive a full refund, or seek compensation for any reduction in value of the service. You can also claim compensation for any reasonably foreseeable loss or damage caused by the faulty repair.
Important exceptions
You generally cannot claim a remedy if the problem with the car repair was caused by something outside the mechanic's control or your own actions. This includes providing incorrect information about the car's issues, causing further damage after the repair, or if the new problem is unrelated to the original repair. Additionally, if you refused to follow the mechanic's advice or used unauthorized parts that contributed to the failure, your rights may be limited.
Faults arising from normal wear and tear over time, or if the mechanic explicitly warned you that the repair might not fully resolve the underlying issue and you agreed to proceed, might also not be covered.
What you should do now
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Document everything: Keep detailed records of the repair, including invoices, communication with the mechanic, and evidence of the car's continued issues (photos, videos).
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Contact the mechanic: Immediately inform the mechanic in writing about the problem and clearly state what resolution you expect (e.g., re-repair, refund, compensation).
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Lodge a formal complaint: If the issue remains unresolved, escalate your complaint to your state or territory's consumer protection agency (e.g., NSW Fair Trading, Consumer Affairs Victoria).
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Seek independent assessment: Consider getting a report from an independent, qualified mechanic to support your claim if the original mechanic disputes the fault.
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Consider tribunal or court action: As a last resort, if all other avenues fail, you can apply to a civil and administrative tribunal (e.g., NCAT, VCAT) or court to seek a binding resolution.
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