AustraliaI suffered food poisoning from a contaminated product. Who bears liability?
The food supplier, manufacturer, or seller is liable under the Australian Consumer Law for supplying unsafe food, regardless of fault.
What the Law Says
Australian law imposes strict liability on businesses that supply unsafe food — meaning you do not need to prove negligence or intent to hold them accountable.
Under the Australian Consumer Law (ACL), which forms Schedule 2 of the Competition and Consumer Act 2010 (Cth), every food supplier gives automatic consumer guarantees. One key guarantee is that goods — including food — must be safe for normal use.
Section 55 of the ACL states that a guarantee applies that goods supplied to a consumer will be of acceptable quality, which includes being safe and free from defects that could cause injury or illness.
Section 60 further guarantees that services (such as food preparation in restaurants) must be rendered with due care and skill — but for food poisoning from packaged or supplied products, s. 55 is the primary provision.
Importantly, liability is strict: it does not matter whether the business knew about the contamination or tried to prevent it. If the food was unsafe and caused your illness, they are liable.
You generally have up to three years from when you discovered (or ought reasonably to have discovered) the injury to start legal action.
Statutory TextA guarantee that goods will be of acceptable quality applies to goods supplied to a consumer if the goods are supplied in trade or commerce.
— Australian Consumer Law, s. 55 — Guarantee as to acceptable quality
Statutory TextGoods are of acceptable quality if they are safe, durable and free from defects.
— Australian Consumer Law, s. 54(2)(a) — Definition of acceptable quality
Statutory TextA person who suffers loss or damage because of a failure to comply with a consumer guarantee may recover the amount of the loss or damage.
— Australian Consumer Law, s. 271 — Remedy for breach of consumer guarantee
What to Do
Seek medical attention and keep all records (e.g., doctor’s notes, test results, receipts).
Preserve evidence: keep packaging, receipts, photos of the product, and any remaining food if safe to do so.
Report the incident to the relevant state food authority (e.g., NSW Food Authority, VicHealth) and the ACCC via Product Safety Australia.
Contact the supplier or manufacturer in writing to request compensation; quote ACL ss. 55 and 271.
If unresolved, consider lodging a claim in your state’s civil tribunal (e.g., NCAT, VCAT) — claims under $40,000 usually go through these faster and cheaper than courts.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.