Designated complainants can make designated complaints to the Australian Competition and Consumer Commission (ACCC) under the designated complaints function.
About designated complaints
The ACCC enforces the Competition and Consumer Act 2010 (the Act).
The Australian Government created the designated complaints function to empower designated complainants (such as consumer or small business advocates) to submit designated complaints to the ACCC.
Designated complaints should relate to:
- a significant or systemic market issue affecting Australian consumers or small businesses and
- either a potential breach of the Act or the ACCC’s powers or functions under the Act.
ACCC response requirements
The ACCC must respond to a designated complaint within 90 days. It must state what further action, if any, it intends to take.
The ACCC must also publish certain information on its website.
For more information, visit ACCC's Designated complaints.
Legislation
For more information visit:
- Part XIE of the Competition and Consumer Act 2010
- Competition and Consumer (Designated Complaints) Determination 2024 (the Determination).
Current designated complainants
The current approved designated complainants are:
- Australian Consumers’ Association (CHOICE)
- Consumer Action Law Centre
- Council of Small Business Organisations Australia (COSBOA)
Designated complainant applications
Applications to become a designated complainant must be made during an application period listed on Treasury’s website.
The first application period was from 2 May to 24 May 2024.
Under the Determination, there must be an application period at least once every 3 years.
Application assessment
Section 154ZQ of the Act and section 11 of the Determination detail the matters the minister must, or may, consider in deciding whether to approve an application to become a designated complainant.
The minister may approve up to 3 designated complainants at any one time.