If you are recovering a debt — whether in-house or through a recovery firm — your conduct is regulated. The primary framework is the joint ACCC and ASIC debt collection guideline (updated in 2021), which sets out the standards of conduct expected of anyone collecting a debt in Australia.
Who the guideline applies to
The guideline applies to original creditors collecting their own debts, to debt collectors acting on behalf of a creditor, and to debt purchasers. It covers every step of the recovery process — initial contact, frequency and timing of contact, the language used in demands and correspondence, the handling of disputes and hardship, and credit reporting.
Key standards
The guideline requires that contact is honest, accurate and not misleading; that it is not harassment or intimidation; that contact is not made at unreasonable times (before 7:30am or after 9pm on weekdays, or at any time on most public holidays); that a debtor’s preferred contact method and reasonable restrictions on contact frequency are respected; and that a genuine dispute pauses collection of the disputed amount while it is investigated.
Why it matters to creditors specifically
Even if you are using a professional recovery firm, your own conduct in the recovery process must be compliant. Using a collector who breaches the guideline does not shield the original creditor from consequences — regulatory action can follow the creditor as well as the collector. Choosing a reputable, compliance-first recovery firm is therefore part of managing your own risk.
Where to find the full guideline
The current version of the joint ACCC and ASIC debt collection guideline is available on both agency websites. It is updated periodically, and practitioners should ensure they are working from the current version.
This article is general information only. For advice about your specific compliance obligations, consult the guideline directly or seek legal advice.
Merion builds its entire process around the guideline. Read more about our approach on the Services page.