We summarise the key developments since the Designated Complaints framework commenced in May 2024, including the appointment of three Designated Complainants and the ACCC receiving its first two Designated Complaints.
The Designated Complaints framework commenced on 1 May 2024, requiring the Australian Competition and Consumer Commission (ACCC) to prioritise complaints received from certain consumer and small business advocates. Below, we explore the key developments since it commenced.
The Designated Complaints Framework
In our previous blog post, we explored the key features of a draft bill to implement a Designated Complaints framework. That bill was passed by the Australian Parliament on 26 March 2024 and came into force on 1 May 2024.
The Designated Complaints framework involves:
- The appointment of Designated Complainants which are consumer and small business advocates deemed to meet certain criteria. There is currently a maximum of three Designated Complainants (set by regulation).
- Each Designated Complainant can submit a complaint (Designated Complaint) to the ACCC, once every 12 months.
- The ACCC must respond to the Designated Complaint within 90 days.
- The ACCC may issue a further action notice setting out the actions the ACCC proposes to take within the next 6 months, if it is satisfied that the complaint meets certain criteria (Designated Complaints Criteria) requiring the Designated Complaint to relate to:
- a significant or systemic market issue affecting Australian consumers or small business; and
- either a potential breach of the Competition and Consumer Act (CCA) (including the Australian Consumer Law) or the ACCC’s powers or functions under these laws.
- Alternatively, the ACCC must issue a no further action notice if it is not satisfied that the complaint meets the Designated Complaints Criteria. It may also issue this notice in certain circumstances, such as where the subject matter of the complaint is already subject to legal proceedings or an inquiry.
The ACCC has published guidance about the Designated Complaints process here.
Three Designated Complainants Appointed
Following an application period in May 2024, the Australian Treasurer appointed three Designated Complainants:
- Australian Consumers’ Association (commonly known as CHOICE) – a consumer advocacy organisation that raises awareness of consumer issues and promotes consumer transparency through product testing and market research;
- Consumer Action Law Centre – a community legal centre that provides legal assistance in relation to consumer issues and engages in consumer advocacy; and
- Council of Small Business Organisations Australia (COSBOA) – Australia’s peak body representing the interests of small businesses.
There will be a new application period at least every three years.
Unsolicited Selling Designated Complaint
The ACCC received its first Designated Complaint on 20 March 2025 from the Consumer Action Law Centre in relation to unsolicited selling (the full complaint is available here):
- The complaint raises concerns about unsolicited selling in the form of door-to-door sales and telemarketing which is causing significant financial and personal harm (e.g. financial pressures and stress associated with being pressured into buying expensive and unnecessary products). Unsolicited selling particularly affects vulnerable people such as older people, people living in regional areas, on low incomes, with disabilities and with mental health issues.
- The unsolicited selling of solar panels is identified as the main issue, however unsolicited selling is also noted to occur in relation to a range of products and services, including appliances, home furnishings and fixtures, services and financial products.
- Unsolicited selling may breach the Australian Consumer Law (ACL) in various ways, including where:
- a salesperson makes misleading statements (in breach of the ACL section 18 prohibition on misleading or deceptive conduct);
- sales practices such as undue influence, pressure or unfair tactics are used (in breach of the ACL section 21 prohibition against unconscionable conduct); or
- the restrictions on unsolicited consumer agreements (contained in Part 3-2 Division 2 of the ACL) are breached.
- The complaint calls for the ACCC to recommend that the Government implement a complete ban on unsolicited selling, conduct a market study if needed and take enforcement action where appropriate.
The ACCC must provide a response to this complaint by 18 June 2025.
Energy Plans Designated Complaint
The ACCC received its second Designated Complaint on 21 May 2025 from CHOICE in relation to misleading energy plans (the full complaint is available here):
- The complaint raises concerns about energy retailers providing inaccurate and incomplete information about energy plans which confuses consumers looking to compare plans and make an informed choice. In particular, the complaint highlights three widespread energy retailer practices:
- use of identical plan names to represent different plans with different pricing;
- use of names and descriptions that refer to ‘savings’ for poor-value plans; and
- prompts to switch to plans that do not appear available or the customer is not eligible for.
- Such practices may breach the prohibitions on misleading or deceptive conduct (ACL section 18) or false or misleading representations (ACL section 29).
- The complaint requests that the ACCC investigate whether energy retailers’ practices contravene the ACL and take enforcement action if needed (including court proceedings seeking penalties and consumer redress). It also asks the ACCC to consider recommending law reform and regulatory changes, such as an economy-wide ban on unfair trading practices, introducing an energy retailer duty of care towards customers, and changes to energy rules and guidelines.
The ACCC must provide a response to this complaint by 19 August 2025. The ACCC’s Designated Complaints Register (available here) lists the status of all Designated Complaints received.
Seller Beware
The actions the ACCC may take in response to these complaints include:
- undertaking education, research and engagement with an industry or specific industry participants;
- conducting a review into a particular sector or the issues raised in the complaint;
- commencing an investigation into potential breaches of the CCA or ACL arising from issues raised in the complaint; or
- engaging with relevant governments regarding the issues and identifying any need for law reform.
Businesses that engage in door-to-door selling or telemarketing should proactively review their business practices to ensure compliance with the ACL, in anticipation of an increased focus by the ACCC on unsolicited selling practices. In May 2025, the ACCC has already commenced court proceedings against two companies and an executive for alleged breaches of the ACL in relation to unsolicited sales of printer cartridges and cleaning products.
Energy retailers should review any practices which affect consumers’ ability to make informed choices about energy plans (including the ones identified in the CHOICE complaint) to ensure that the ACL is not contravened, in anticipation of increased scrutiny by regulators, including the ACCC and the Australian Energy Regulator (AER).
These Designated Complaints will be important test cases for how the ACCC approaches its new Designated Complaints function.
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