Western Australian Current Acts

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PARLIAMENTARY COMMISSIONER ACT 1971 - SECT 34

34 .         Energy and water ombudsman schemes

        (1)         The Parliamentary Commissioner may enter into an agreement with the governing body of an energy ombudsman scheme or a water ombudsman scheme under which —

            (a)         the person for the time being holding or acting in the office of Parliamentary Commissioner is to serve as the ombudsman under the scheme; and

            (b)         officers referred to in section 9 are to assist him or her in doing so.

        (2)         The persons referred to in subsection (1)(a) and (b) may provide services in accordance with the agreement.

        (3)         Section 5(9) does not apply to the rendering of services under the agreement.

        (4)         The services are to be paid for by the governing body of that scheme at a rate to be provided for in the agreement.

        (5)         For the purposes of this Act, the rendering of services under an agreement is not to be regarded —

            (a)         as the exercise or performance of powers, functions or duties under this Act; or

            (b)         as attracting the operation of section 27 or 32.

        (6)         Despite subsection (5), section 30(1), (2) and (3) apply for the purpose of this section in the same way as they apply in respect of the other functions of the Commissioner.

        (7)         In this section —

        energy ombudsman scheme means a scheme approved under section 11ZPZ of the Energy Coordination Act 1994 or section 92 of the Electricity Industry Act 2004 ;

        governing body of an energy ombudsman scheme or a water ombudsman scheme means the entity responsible for the operation of the scheme;

        water ombudsman scheme means a scheme approved under the Water Services Act 2012 Part 4.

        [Section 34 inserted: No. 53 of 2003 s. 34; amended: No. 33 of 2004 s. 48; No. 25 of 2012 s. 221.]



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