Complaints

Who May Lodge a Competitive Neutrality Complaint?

State Government Significant Business Activities

Complaints may be lodged against State government agencies carrying on declared significant business activities under the provisions of the Queensland Competition Authority Act 1997.

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.

Local Government Business Activities

Complaints against local government business activities must be lodged with the local government, which can choose to designate the Authority or a third party to investigate.

Under the provisions of the Local Government (Beneficial Enterprises and Business Activities) Regulation 2010, the Authority may refuse to investigate the complaint if certain requirements are not met:

• the complainant must have made a genuine attempt to resolve the dispute using the process established by the local government;
• the complainant must be legally entitled to provide the goods and services;
• the complainant must be adversely affected by council business activity violations of competitive neutrality requirements or be able to show that it is likely they would be adversely affected in the future. That is, the complainant must be directly affected and adversely so; and
• the complaint must not be frivolous or vexatious.

For significant business activities, a building certifying activity or a roads activity (other than for a roads activity only through a sole supplier arrangement) a complainant may refer a decision by another referee, or the local government's decision on the other referee's recommendation about the complaint, to the Authority.