Consumer And Small Business Advocates To Have Special Powers To Raise Complaints

Australian Treasury

Applications are now open for interested consumer and small business advocates to apply to become a designated complainant – allowing them to submit complaints to the competition and consumer watchdog for response within 90 days.

Labor knows that consumer and small business advocates play an important role in identifying and bringing attention to governments, policy makers and the community on significant and systemic issues impacting Australians.

Designated complaints functions have operated successfully in the United Kingdom for some time, where they are known as ‘super‑complaints’.

The new designated complaints function will empower designated consumer and small business advocates to submit a complaint to the Australian Competition and Consumer Commission (ACCC) where it has evidence of a significant or systemic market issue affecting Australian consumers or small businesses. The ACCC will be required to respond within 90 days stating what further action, if any, it intends to take.

These new reforms are one way the Albanese Labor Government is helping to level the playing field for Australia’s 2.5 million small businesses.

Legislation establishing the designated complaints function passed parliament on 26 March 2024, and was immediately followed by a Treasury consultation on a determination setting out additional detail on the designated complaints function. That consultation concluded on 11 April 2024.

The Government will initially designate up to three designated complainants. A statutory review will be conducted after two years and will consider the number of complainants designated under the scheme.

Applications will close on 24 May 2024. Further information, including the application form, is available on the Treasury website.

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