In this piece, authors Brian Wu, Rob Hirst & Peta Stevenson (King & Wood Mallesons) summarize and discuss the rollout of Australia’s Designated Complaints framework, which took effect on 1 May 2024. This new regime requires the Australian Competition and Consumer Commission (ACCC) to prioritise complaints from selected consumer and small business advocacy organisations. Under the framework, each Designated Complainant can lodge one formal complaint per year, to which the ACCC must respond within 90 days. If the complaint meets certain criteria—such as relating to systemic market issues or potential breaches of the Competition and Consumer Act—the ACCC may commit to further investigation or issue a “no further action” notice where appropriate.
The inaugural appointments of Designated Complainants were announced following an application process in May 2024. The three appointed bodies are CHOICE (the Australian Consumers’ Association), the Consumer Action Law Centre, and the Council of Small Business Organisations Australia (COSBOA). These organisations now have the authority to raise high-impact market concerns directly with the ACCC under this fast-tracked process. Their ability to do so is expected to enhance the ACCC’s responsiveness to issues affecting vulnerable groups and small enterprises, with appointments reviewed every three years.
Since the framework’s inception, the ACCC has received two Designated Complaints. The first, submitted by the Consumer Action Law Centre, targets the harms caused by unsolicited selling, especially in the solar panel sector, which has disproportionately affected vulnerable Australians. The second, submitted by CHOICE, concerns misleading practices by energy retailers, including deceptive naming of plans and confusing promotional tactics. Both complaints allege potential breaches of Australian Consumer Law and urge the ACCC to take enforcement action and consider broader regulatory reform. The ACCC is required to respond to these complaints by June and August 2025, respectively…