Complaints

Who May Lodge a Competitive Neutrality Complaint?

A complaint may only be lodged by:

• a person who competes with, or is hindered from competing with, a State government agency carrying on a significant business activity or a relevant local government business activity in a particular market; and
• who is, or could be, adversely affected by the government agency’s alleged non-compliance with the principle of competitive neutrality.

Complaints may be lodged against State government agencies carrying on declared significant business activities under the provisions of the Queensland Competition Authority Act 1997. Complaints may also be made against a local government business activity if it is corporatised or commercialised, or implements full cost pricing or the code of competitive conduct under the Local Government Act.

Local Government Business Activities

For local government business activities, complaints may either be handled by a complaint process set up by the relevant local government, or by the Authority where the Authority has been nominated as the referee for that activity. Local governments should be contacted in the first instance.

Once the Authority has investigated a complaint and made appropriate determinations the local government must decide by resolution whether to implement the recommendations in the report within one month after receiving the report, or if the local government does not meet within the month, at the first meeting after the month. Within seven days of making a decision, the local government must give written notice of the decision to the complainant and to the Authority.