Energy Ombudsman Act 1998

Energy Ombudsman Act 1998

This Act may be cited as the Energy Ombudsman Act 1998.

This Act commences on the day on which this Act receives the Royal Assent.

In this Act, unless the contrary intention appears –

award means an award made under section 21(c) or an agreement registered as an award under section 21(b);

budget guidelines means the guidelines prepared and published under section 39, as varied or substituted from time to time;

complainant means a person who makes a complaint;

complaint means a complaint made under section 7;

comply with includes not contravene;

confidential information includes – information about the identity, occupation or whereabouts of the complainant or of any person who assists an investigation; and information disclosed by a complaint; and information of personal concern to an individual; and information that, if disclosed, may cause detriment to a person;

energy entity means – an electricity entity within the meaning of the Electricity Supply Industry Act 1995; or a retailer within the meaning of the National Energy Retail Law (Tasmania); or an exempt seller within the meaning of the National Energy Retail Law (Tasmania); or a person to whom, or a person who sells electricity to which, section 23 of the National Energy Retail Law (Tasmania) Act 2012 applies; a licensee within the meaning of the Gas Industry Act 2019;

Energy Minister means the Minister to whom the administration of the Electricity Supply Industry Act 1995 is assigned from time to time;

exempt information means information of a kind that is prescribed to be exempt information;

function includes duty;

gas means natural gas or any other gaseous fuel other than – liquified petroleum gas; and a gas, within the meaning of the Gas Industry Act 2019, other than liquefied petroleum gas;

investigation means an investigation undertaken by the Ombudsman in respect of a matter referred to in section 10;

officer means – a person appointed or employed under section 9(1) of the Ombudsman Act 1978; and a person made available under section 9(2) of that Act;

Ombudsman has the same meaning as in the Ombudsman Act 1978;

Regulator means the Tasmanian Economic Regulator appointed under section 9 of the Economic Regulator Act 2009.

This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities.

The Ombudsman has the following functions:to receive, investigate and resolve complaints; to make awards and register agreements as awards under Part 4; to identify and review issues arising out of complaints; to assist energy entities to develop procedures to resolve complaints; to perform any other functions imposed on the Ombudsman by this Act; to perform any other prescribed functions.

The Ombudsman has power to do all things necessary or convenient to be done in connection with the performance and exercise of his or her functions and powers under this Act.

In performing and exercising his or her functions and powers, the Ombudsman must act independently, impartially and in the public interest.

A person may make a complaint if the person has a grievance concerning any service of, or relating to the sale and supply of gas or electricity by, an energy entity.

Subject to this section, a complaint is to – be made to the Ombudsman; and be in writing; and be signed by the complainant; and disclose the name and address of the complainant; and contain the details of the grievance.

A complaint for and on behalf of a complainant may be made by a person authorised by the complainant.

The Ombudsman may accept a complaint that does not comply with subsection (1).

The Ombudsman may, at any time, require a complainant – to provide further information or documents; or to verify all or any part of the complaint by statutory declaration.

When making a requirement under subsection (1), the Ombudsman must specify a reasonable period of time within which the requirement is to be satisfied.

The Ombudsman may extend the period specified under subsection (2), whether before or after its expiry.

A complainant may withdraw a complaint at any time by notifying the Ombudsman in writing of the withdrawal or, if the Ombudsman agrees, by oral or other notice.

The Regulator may refer to the Ombudsman, in writing, a matter that is the subject of a dispute in which the Regulator has been asked to mediate under section 45 of the Electricity Supply Industry Act 1995 or section 49 of the Gas Act 2000 if the Ombudsman and all parties to the dispute consent to the referral.

A matter referred to the Ombudsman under this section is taken to be a complaint made under this Act.

The Regulator is to take no further action in respect of a matter that has been referred to the Ombudsman under this section unless the Ombudsman refers the matter back to the Regulator under section 19.

On receipt of a complaint, the Ombudsman – may dismiss the complaint and recommend that proceedings be commenced in a court of competent jurisdiction if satisfied that the matters raised by the complaint are of such nature or complexity that they would be more appropriately dealt with by that court; or may refer the complaint to the Regulator or a tribunal, a board or another person if the complaint concerns matters which should be investigated by the Regulator or that tribunal, board or other person under any other law of Tasmania, the Commonwealth, a Territory of the Commonwealth or another State; or must dismiss the complaint if satisfied that – the complaint lacks substance; or the complaint is frivolous, vexatious or was not made in good faith; or the complainant became aware of the circumstances that gave rise to the complaint more than 2 years before the complaint was made; or the complainant has been given reasonable explanations and information and there would be no benefit in further entertaining the complaint; or the complaint has been resolved; or court proceedings which relate to the subject matter of the complaint have been commenced; or all the issues arising out of the subject matter of the complaint have been adjudicated upon or otherwise dealt with by the Regulator or a court, a tribunal, a board or another person under a law of Tasmania, the Commonwealth, a Territory of the Commonwealth or another State; or must investigate the complaint in any other case.

Subsection (1)(c) does not apply if the Ombudsman is satisfied that the complainant had good reason for not making the complaint within 2 years of becoming aware of the circumstances that gave rise to it.

Before determining the course of action to be taken under subsection (1), the Ombudsman may make enquiries and obtain information that the Ombudsman considers necessary or appropriate.

Subsection (3) does not authorise the exercise of a power under Division 2.

Within 14 days after making a determination under subsection (1), the Ombudsman must provide written notice of the determination – to the complainant; and to the energy entity if the Ombudsman has determined to investigate the complaint or refer the complaint to the Regulator or a tribunal, a board or another person.