We explore the ACCC’s announcement that Origin Energy will remediate $270,000 to more than 4,500 Australians and examine the key developments in the regulatory response to CHOICE’s Designated Complaint. Are they the canary in the coal mine?
In our previous blog post, we examined the Designated Complaints framework and outlined the first two complaints made:
- the CHOICE complaint relating to energy plans; and
- the Consumer Action Law Centre complaint relating to unsolicited selling.
We wrote a follow-on blog post on the unsolicited selling complaint after the Australian Competition and Consumer Commission (ACCC) released its Further Action Notice and subsequent consultation paper.
Since our last blog posts there has been a flurry of activity regarding the CHOICE complaint, including regulatory investigations, law reform and, most recently, the ACCC’s announcement on 14 July that Origin Energy will refund over $270,000 to more than 4,500 consumers.
This is the first consumer remediation resulting from the Designated Complaints framework which came into force 1 May 2024.
Refresher: CHOICE Designated Complaint
On 21 May 2025, CHOICE submitted a designated complaint to the ACCC about potentially misleading practices around retail energy plans which identified Origin Energy, Red Energy, EnergyAustralia, AGL and others.
In broad terms, the complaint raised concerns about energy retailers providing inaccurate and incomplete information about energy plans which confuses consumers looking to compare plans and make an informed choice. In particular, the complaint concerns energy retailer alleged:
- use of identical plan names to represent different plans with different pricing;
- use of names and descriptions that suggests ‘savings’ that may not eventuate; and
- prompts to switch to plans that do not appear available or the customer is not eligible for.
Such practices are alleged to breach the prohibitions on misleading or deceptive conduct (Australian Consumer Law (ACL), section 18) or false or misleading representations (ACL section 29).
The complaint requested that the ACCC investigate whether energy retailers’ practices contravene the ACL and take enforcement action if needed (including court proceedings seeking penalties and consumer redress). It also sought the ACCC to consider recommending law reform and regulatory changes, such as an economy-wide ban on unfair trading practices, introducing an energy retailer duty of care towards customers, and changes to energy rules and guidelines.
How did regulators respond?
ACCC issued a Further Action Notice
On 19 August 2025, the ACCC published a Further Action Notice stating that:
- the Complaint met the Designated Complaints Criteria;
- the ACCC had consulted with other regulators, including the Australian Energy Regulator (AER), Essential Services Commission (ESC) and Australian Energy Market Commission (AEMC);
- the AER had published a decision requiring retailers that re-use plan names to provide additional information below the Better Offer message alerting customers to a cheaper ‘same name’ plan; and
- the ESC was reviewing the Energy Retail Code of Practice in Victoria.
Ultimately, the ACCC formed the view that the AER and ESC were more appropriate regulators to address the conduct and with the announcement of Origin’s remediations efforts, the ACCC will not take further action against Origin Energy in response to the Designated Complaint.
Energy regulators’ approach: prospective reform
The response from the energy regulators was to introduce new retailer obligations which are expected to be finalised later this year. It remains to be seen whether the conduct identified in the CHOICE complaint could lead to enforcement action being taken by the AER or ESC.
AER
On 12 November 2025, the AER released a consultation paper considering new rules to achieve a simplification of energy communications to consumers. The consultation paper referred to the CHOICE Designated Complaint and requested feedback as to the best approach to address the complaint. The AER received responses from regulators (including the ACCC), energy retailers (Origin Energy, EnergyAustralia, Red Energy, AGL and others), consumer advocacy groups (including CHOICE) and others.
On 5 June 2026, the AER published its draft guidelines which proposes to combine and update four enforceable guidelines made under the National Energy Retail Law and National Energy Retail Rules into a single, easy to read document. Relevant to the CHOICE Designated Complaint, the draft guidelines include:
- Same name messages — Plan naming now requires re-used plan names to be date-stamped. Further, where a ‘deemed better offer’ carries the same plan name as the customer’s current plan, the better offer message must state the deemed better offer plan name followed by the month and year the deemed better offer plan commenced.
- Plan ID/identification to reduce confusion — Plan information must now include a plan ID alongside plan name.
- Misleading ‘savings’/’saver’ naming for poor-value plans — Where a plan name includes a term referring to either financial savings, value or some other advantageous feature of the plan, the energy plan must clearly and always offer a financial saving while that term is included in the plan name.
- Better/Best Offer messages referencing inaccessible plans — A ‘deemed better offer’ must be a generally available plan applicable to the customer at the time of calculation that will remain applicable for a reasonable time after the communication is sent.
- Confusing ‘variable’ rate communications — Plan information must now separately address ‘pricing structure and variability’ as a distinct required element, and flexible plans carry enhanced disclosure obligations.
On 25 June 2026, the AER hosted an online stakeholder forum to discuss the draft guidelines and submissions of stakeholder feedback will close on 17 July 2026.
ESC
On 30 September 2025, the ESC published its final decision paper on the energy consumer reforms as the first stage of its review of the Energy Retail Code of Practice. The paper referenced the CHOICE Designated Complaint and addressed some of the concerns raised.
As part of this broader reform, the ESC announced on 18 November 2025 that from 1 October 2026, energy retailers operating in Victoria will be subject to new energy rules that will require them to ‘have processes that are effective in helping customers switch to a cheaper plan’. The ESC stated the changes will ‘tackle unnecessary complexity around ‘same name, different price’ plans’, and cited CHOICE’s designated complaint to the ACCC.
Following a consultation period, the ESC expects to release its draft decision with respect to its proposed reform of the Energy Retail Code of Practice in September 2026 and its final decision is to be released in December 2026.
Origin’s remediation
On 14 July 2026, a little more than a year after the CHOICE Designated Complaint, the ACCC announced that Origin Energy will refund over $270,000 to more than 4,500 consumers on the ‘Ongoing Saver’ residential electricity plan.
The details of the remediation and negotiation with the ACCC are as follows:
- Scale of impact: Around 4,500 customers were affected, representing approximately 0.5% of customers on the plan and on average paid a total of $28 more than they should have (according to an Origin Energy spokesperson to Nine.com.au).
- Average refund: Affected customers will receive on average approximately $60 each in remediation.
- No admission as to compliance with the ACL: Origin Energy has not admitted to breaching the ACL but chose to offer refunds voluntarily during the course of the ACCC’s investigation.
- ACCC says ‘no further action’: The ACCC indicated it would take no further action given Origin’s cooperation and remediation offer.
- Plan status: The Ongoing Saver plan will be discontinued.
CHOICE welcomes the outcome of the ACCC’s investigation but noted future reform could include addressing loyalty penalties and a new energy consumer duty.
Whilst numerous energy retailers were named in the CHOICE Designated Complaint, Origin Energy is the first to remediate (avoiding further enforcement action). We will see whether other energy retailers follow suit and what approach regulators will take for future Designated Complaints.
Key takeaways
- Business beware of Designated Complaints: The regulatory response and Origin Energy demonstrate the tangible impact of the Designated Complaints framework in prompting regulatory action and consumer redress. Businesses should be aware that the ACCC will actively investigate complaints raised through this mechanism.
- Canary in the coal mine for energy retailers: The Designated Complaints framework poses a particular risk to energy retailers as the AER and ESC can move quickly to impose new retailer obligations in direct response to the Designated Complaints, as is evidenced with the CHOICE complaint. Energy retailers should routinely review their practices around plan naming, pricing transparency and customer communications.
