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ELECTRICITY SUPPLY ACT 1995 - SECT 96B
Energy ombudsman scheme
96B Energy ombudsman scheme
(1) The Minister may approve an energy ombudsman scheme for the purposes of
this Act, the National Energy Retail Law (NSW) , the Gas Supply Act 1996 ,
regulations or rules under those Acts or that Law and any other law prescribed
by the regulations for the purposes of this section.
(1A) The scheme may
provide for the appointment of an energy ombudsman to deal with the
following-- (a) matters that are to be dealt with by the energy ombudsman
under the National Energy Retail Law (NSW) ,
(b) disputes and complaints
between small customers and exempt sellers or other persons exempted from the
National Energy Retail Law (NSW) , this Act or the Gas Supply Act 1996 in
relation to the supply of electricity or gas,
(c) disputes and complaints
between small customers and retailers or distributors under this Act,
(d)
disputes and complaints between small customers and reticulators under the
Gas Supply Act 1996 ,
(f) any other disputes and complaints of such classes
as are prescribed by the regulations or specified under any other Act or law.
(2) Before approving such a scheme, the Minister must be satisfied that the
scheme meets the following objectives-- (a) that all licence holders, exempt
sellers and retailers who are required to be members of the scheme are members
of the scheme, have agreed to be bound by decisions of the energy ombudsman
under the scheme and, as members, are so bound,
(b) that the scheme has
satisfactory arrangements in place to deal with all disputes and complaints
referred to in subsection (1A),
(c) that the energy ombudsman will be able to
operate independently of all licence holders, exempt sellers and retailers in
exercising functions under the scheme,
(d) that the scheme will be accessible
to small customers and other customers prescribed by the regulations,
(e)
that membership of the scheme will be accessible to all potential members and
will provide appropriate representation for all members in relation to the
scheme's governing body,
(f) that, without limiting any other application of
the scheme, the scheme will apply to all disputes and complaints arising under
customer connection contracts and customer retail contracts relating to
small customers,
(g) that the scheme will operate expeditiously and without
cost to small customers and to other persons of such classes as are prescribed
by the regulations,
(h) that the scheme will allow customers to choose
whether or not they wish to be bound by determinations under the scheme,
(i)
that the scheme will satisfy best practice benchmarks for schemes of a similar
kind, both in terms of its constitution and procedure and in terms of its day
to day operations,
(j) that the scheme will provide for a monetary limit on
claims covered by the scheme of an amount or amounts approved by the Minister,
(k) that the scheme will maintain the capacity of the energy ombudsman, where
appropriate, to refer disputes or complaints to other forums,
(l) that the
scheme will require the energy ombudsman to inform the Minister of substantial
breaches of licence or other authorisation conditions under, or breaches of,
this or any other Act or other law covered by the scheme,
(m) such other
objectives as are prescribed by the regulations.
(3) A scheme may treat a
failure to make a decision within a specified period as a decision of a
particular kind.
(4) The Minister may at any time revoke an approval under
this section.
(5) If a dispute or complaint involving a person other than the
holder of the licence or retailer is prescribed as a dispute or complaint to
which an approved scheme may apply, the regulations may make it an offence for
the person to fail to comply with a decision of the energy ombudsman under the
scheme.
(6) Notice of any approval given by the Minister under this section,
and of the revocation of any such approval, is to be published in the Gazette.
(7) Subject to this section, the same scheme may be approved for the purposes
of both this Act and any other Act or law.
(8) In subsections (2) and (5)--
"retailer" includes a reticulator within the meaning of the Gas Supply Act
1996 .
"small customer" includes a small customer within the meaning of the
Gas Supply Act 1996 .
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