Coalition Senators' Additional Comments

1.1Coalition Senators note that the designated complainants framework was a recommendation delivered by the Productivity Commission in 2021.[1]

1.2Coalition Senators note the various concerns from consumer and business groups about the restrictions within the proposed designated complaints framework.

1.3The Coalition acknowledges that submissions from small business advocacy groups broadly support the proposed designated complainants framework.

1.4Coalition Senators acknowledge the concerns of several submitters regarding the Ministerial power to limit the number of designated complainants.[2] Several submitters raised concerns about the limitation provision and its potential to reduce the framework’s effectiveness.[3]

1.5The Coalition recognises the request from submitters for the Government to publish publicly available guidance on the process of becoming a designated complainant and the complaints procedures.[4]

1.6Several submitters raised concerns regarding the power vested in the Australian Competition and Consumer Commission (ACCC) to take no further action in response to a designated complainant.[5]

1.7We note the various concerns about the potential for duplicative regulatory processes.

1.8Submitters suggested complaints filed by a designated complainant that have been or are concurrently subject to review should require that the ACCC take no further action.[6] Furthermore, some submitters recommended the introduction of amendments to require complainants to first attempt to resolve complaints through existing avenues of resolution.[7]

1.9Coalition Senators acknowledge the suggestion that consideration be given for no further action to be taken when complaints are ‘substantially similar to previous [ones]’.[8]

1.10We also note the varied concerns raised by submitters regarding the length of the assessment timeframe.

1.11Some submitters emphasised that the proposed 90-day assessment period is too short, advocating for interim updates from the ACCC.[9] Conversely, other submitters posed that the proposed assessment timeframe of 90 days is lengthy and should be shortened to 30 days.[10]

1.12Coalition Senators recommend a post-implementation statutory review of the designated complainants scheme after two years of operation to evaluate its operational effectiveness.

Senator Andrew Bragg Senator Dean Smith

Deputy ChairSenator for Western Australia

Senator for New South Wales

Footnotes

[1]Productivity Commission, Right to Repair, Inquiry Report No. 97, October 2021, pp. 30 and 101.

[2]Australian Chamber of Commerce and Industry (ACCI), Submission 6, p. 1; Consumer Action Law Centre, Submission 5, p. 4; Council of Small Business Organisations Australia, Submission 10, p. 1.

[3]Council of Small Business Organisations Australia, Submission 10, p 1; Australian Chamber of Commerce and Industry (ACCI), Submission 6, p. 1.

[4]Australian Chamber of Commerce and Industry (ACCI), Submission 6, p. 1.

[5]Consumer Action Law Centre, Submission 5, p. 2.

[6]Insurance Council of Australia, Submission 2, p. 1.

[7]Insurance Council of Australia, Submission 2, p. 1.

[8]Insurance Council of Australia, Submission 2, p. 1.

[9]National Insurance Brokers Association, Submission 4, p 3.

[10]Council of Small Business Organisations Australia, Submission 10, p 2.