New South Wales Consolidated Acts

WATER INDUSTRY COMPETITION ACT 2006 - SECT 49

49 Approved ombudsman scheme

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

(a) disputes and complaints under water supply or sewerage service contracts entered into with small retail customers, and

(b) any other disputes and complaints of such classes (whether or not under water supply or sewerage service 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 licensed retail suppliers that are required to be members of the scheme are members of the scheme, have agreed to be bound by decisions of the 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 ombudsman will be able to operate independently of all licensed retail suppliers in exercising functions under the scheme,

(d) that the scheme will be accessible to small retail customers and other persons 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 water supply or sewerage service contracts,

(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 small retail 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 ombudsman, where appropriate, to refer disputes or complaints to other forums,

(l) that the scheme will require the ombudsman to inform the Minister of substantial breaches of this Act or the regulations, or the conditions of a licence, 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 the regulations prescribe a dispute or complaint involving a person other than a licensed retail supplier 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 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.