Competitive Neutrality Complaints
Council may undertake a business activity involving the supply of goods and/or services in competition, or potential competition, with the private sector.
A competitive neutrality complaint is made by an affected person that Council has failed to conduct a business activity in accordance with the competitive neutrality principle, e.g. by utilising its position to compete unfairly with a business competitor.
Council has established a Competitive Neutrality Complaints Procedure which outlines Council’s process for managing Competitive Neutrality Complaints. Under section 48 of the Local Government Act 2009.
Prospective complainants should note that the Local Government Regulation 2012 requires every complainant to make a genuine attempt to resolve concerns relating to perceived non-compliance with the Competitive Neutrality Principles with Council before those concerns can trigger an investigation by the Queensland Productivity Commission.
To this end, Council has included in its Procedure an Early Resolution Process (outlined below). The aim of the Early Resolution Process is to resolve Competitive Neutrality Complaints through a process of consultation. Participation in the Early Resolution Process is Council’s preferred means of establishing that a complainant has made a genuine attempt to resolve a Competitive Neutrality Complaint as required by the Local Government Regulation 2012.
Competitive Neutrality Complaints must be actioned in accordance with the Procedure.
Who can make a complaint
An affected person who has been adversely affected by a competitive advantage allegedly enjoyed by Council may make a complaint.
Complainants are encouraged to meet with Council representatives to explain their concerns and enable Council to clarify and, if possible, resolve the matter before a formal complaint is made.
How to lodge a complaint
A Competitive Neutrality Complaint may be made:
- In writing by letter to:
Chief Executive Officer
Bulloo Shire Council
PO Box 46
THARGOMINDAH QLD 4492
- By e-mail to: firstname.lastname@example.org
Anonymous complaints will be accepted.
How long will it take?
Council will endeavour to meet the following time frames when dealing with a Competitive Neutrality Complaint:
- The Preliminary Review Officer must, within 10 business days of receiving the written complaint, acknowledge its receipt in writing and request any further information required to properly consider the complainant’s concerns.
- Within 45 days of receiving the complainant’s written complaint, the Preliminary Review Officer is required to develop a draft response which is provided to the complainant requesting their views on that draft response.
- On receiving the Preliminary Review Officer’s findings and the complainant’s views on the draft response, the CEO or nominee must prepare and send a final response to the complainant. This final response include details of how to make a formal complaint to the Queensland Productivity Commission should the complainant be dissatisfied with the adopted response.
Further complaints process
Any person who is not satisfied with Council’s response to a Competitive Neutrality Complaint under this Policy, is able seek a formal investigation by the Queensland Competition Authority. If you require further information, contact Council.