Making a complaint

Any individual or organisation (including a government body) may lodge a complaint with the Australian Government Competitive Neutrality Complaints Office. The Productivity Commission Act 1998 also allows Australian Government agencies to complain that they are disadvantaged in competing with private firms by a government policy.

Types of Complaint

Complaints will generally fall into one of three groups, namely that:

• an Australian Government business is not complying with the competitive neutrality arrangements that apply to it; or
• those arrangements are ineffective in removing competitive advantages arising from government ownership; or
• an Australian Government business not subject to competitive neutrality arrangements should be.

The First Step

Those contemplating making a complaint are encouraged to discuss their concerns with the government business involved and/or the AGCNCO. This will help to clarify whether the concerns fall within the scope of competitive neutrality policy and may allow for the resolution of matters without the need for a formal investigation. Formal complaints must be lodged in writing, preferably using the Competitive Neutrality Complaint Form available from the AGCNCO. Office staff are available to discuss the preparation of a complaint.

Information needed for a complaint

While there is no specific information that must be provided to support a complaint, the case for initiating an investigation and recommending changes to competitive neutrality arrangements will have more weight if supported by facts and arguments. Thus, complainants are encouraged to describe their concerns and the effects of any perceived breach of competitive neutrality arrangements on their activities.

To facilitate the investigation process and promote transparency, the AGCNCO generally makes written material submitted in relation to a complaint available to other interested parties. However, it will accept commercially or otherwise sensitive material on an ‘in confidence’ basis.

Further information is available by contacting the AGCNCO.