New South Wales Consolidated Acts

GAS SUPPLY ACT 1996 - SECT 33G

33G Gas industry ombudsman scheme

(cf section 96B of Electricity Supply Act 1995 )

(1) The Minister may approve a gas industry ombudsman scheme for the purposes of this Act, being a scheme that provides for the appointment of a gas industry ombudsman to deal with:

(a) disputes and complaints under customer supply contracts entered into with small retail customers, and

(b) disputes between small retail customers and gas marketers (within the meaning of Division 5) and complaints by small retail customers about gas marketers, and

(b1) disputes between small retail customers and reticulators and complaints by small retail customers about reticulators, and

(c) any other disputes and complaints of such classes (whether or not under contracts referred to in paragraph (a)) as are prescribed by the regulations.

(2) Before approving such a scheme, the Minister must be satisfied that the scheme meets the following objectives:

(a) that all suppliers and reticulators who are required to be members of the scheme are members of the scheme, have agreed to be bound by decisions of the gas industry 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 (1),

(c) that the gas industry ombudsman will be able to operate independently of all suppliers and reticulators in exercising functions under the scheme,

(d) that the scheme will be accessible to small retail 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 supply contracts relating to small retail customers,

(g) that the scheme will operate expeditiously and without cost to small retail 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 gas industry ombudsman, where appropriate, to refer disputes or complaints to other forums,

(l) that the scheme will require the gas industry ombudsman to inform the Minister of substantial breaches of authorisation conditions, the Marketing Code of Conduct (within the meaning of Division 5) or of the Act of which the ombudsman becomes aware,

(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 gas marketer (within the meaning of Division 5) or person other than a supplier or reticulator is prescribed as a dispute or complaint to which an approved scheme may apply, the regulations may make it an offence for the gas marketer or person to fail to comply with a decision of the gas industry 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.