{"id":"electricity-industry-ombudsman-scheme-regulations-2005","name":"Electricity Industry (Ombudsman Scheme) Regulations 2005","slug":"electricity-industry-ombudsman-scheme-regulations-2005","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176511,"registerId":"wa-electricity-industry-ombudsman-scheme-regulations-2005-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Electricity Industry (Ombudsman Scheme) Regulations 2005","content":"![Crest]()Western Australia\n\nElectricity Industry Act 2004\n\nElectricity Industry (Ombudsman Scheme) Regulations 2005\n\nWestern Australia\n\nElectricity Industry (Ombudsman Scheme) Regulations 2005\n\nContents\n\n1. Citation 1\n\n2. Definitions 1\n\n3. Scheme to have a governing body 1\n\n4. Additional jurisdiction of EO 2\n\n5. Functions of EO 3\n\n6. Powers of EO 3\n\n6A. Particular provision relating to the *Electricity Industry (Network Quality and Reliability of Supply) Code 2005* 4\n\n7. Reasons for decisions 4\n\n8. Enforcement against electricity marketing agents 5\n\n9. Review of schemes 5\n\n10. Revocation of a scheme’s approval 5\n\nNotes\n\nCompilation table 7\n\nDefined terms\n\n  \n\nWestern Australia\n\nElectricity Industry Act 2004\n\nElectricity Industry (Ombudsman Scheme) Regulations 2005\n\n##### 1. Citation\n\nThese regulations are the *Electricity Industry (Ombudsman Scheme) Regulations 2005*.\n\n##### 2. Definitions\n\nIn these regulations —\n\n **“**complainant**”** includes a person who is in dispute with a member of an approved scheme or an electricity marketing agent;\n\n **“**complaint**”** includes a dispute with a member of an approved scheme or an electricity marketing agent;\n\n **“**EO**”** has the meaning given to the term “electricity ombudsman” in section 92(1) of the Act;\n\n **“**the Act**”** means the *Electricity Industry Act 2004*.\n\n##### 3. Scheme to have a governing body\n\nIn order to receive approval under sections 92 and 93 of the Act, a scheme must provide for there to be a governing body of the scheme that has overall responsibility for overseeing and administering the scheme’s operations, and in particular for —\n\n(a) maintaining the independence of the EO;\n\n(b) providing advice to the EO on policy matters;\n\n(c) appointing, and terminating the appointment of, the EO, and appointing an acting EO as, and for so long as, may be required;\n\n(d) determining policies relating to the administration of the scheme;\n\n(e) approving EO budgets in consultation with the EO and ensuring that the scheme has sufficient funding for its operations;\n\n(f) considering the appropriateness, scope and effectiveness of the scheme and, in particular, reviewing the scheme in accordance with regulation 9; and\n\n(g) providing advice to the EO on the promotion of the scheme and the preparation of the annual report,\n\nand must provide —\n\n(h) for there to be equal representation on the governing body of —\n\n(i) members of the scheme; and\n\n(ii) customers of electricity services and the public;\n\nand\n\n(i) for the governing body to have an independent chairperson.\n\n##### 4. Additional jurisdiction of EO\n\nFor the purposes of section 92(1)(d) of the Act, the following kinds of complaint may be investigated and dealt with by the EO under an approved scheme —\n\n(a) complaints from owners or occupiers of land or other property about the way in which a member of the scheme has exercised its statutory powers in relation to that particular land or other property or in relation to neighbouring land or other property;\n\n(b) complaints relating to a member of the scheme or an electricity marketing agent that are referred to the EO by the member or agent with the agreement of the EO and the complainant.\n\n##### 5. Functions of EO\n\n(1) The functions of the EO under an approved scheme are —\n\n(a) to have day to day responsibility for overseeing and administering the scheme’s operations; and\n\n(b) to investigate and deal with a complaint referred to in section 92(1)(a), (b) or (c) of the Act or regulation 4, to the extent that it relates to commercial activities of a member of the scheme that are within the scope of the licence held by the member.\n\n(2) It is not a function of the EO to set prices or tariffs or determine price structures.\n\n##### 6. Powers of EO\n\nWithout limiting the things that the EO under an approved scheme may do for the purpose of dealing with a complaint, but subject to any limitations set out in the scheme, the EO may give a member of the scheme one or more of the following directions —\n\n(a) a direction to pay compensation to a complainant;\n\n(b) a direction to provide an electricity service;\n\n(c) a direction to amend, or not to impose, a charge in relation to a service;\n\n(d) a direction to supply goods or services the subject of the complaint or undertake any necessary corrective or other work to resolve the complaint;\n\n(e) a direction to make an appropriate correction, deletion or addition to a record;\n\n(f) a direction to attach to a record a statement provided by the complainant of a correction, deletion or addition sought by the complainant;\n\n(g) a direction to do, not do or cease doing, an act,\n\nand may give an electricity marketing agent a direction to provide an electricity service.\n\n##### 6A. Particular provision relating to the *Electricity Industry (Network Quality and Reliability of Supply) Code 2005*\n\n(1) In this regulation —\n\n **“**Director of Energy Safety**”** means the official referred to in section 5 of the *Energy Coordination Act 1994*.\n\n(2) Terms used in this regulation that are defined in the *Electricity Industry (Network Quality and Reliability of Supply) Code 2005* (the **“**Code**”**) have the same meanings as they have in the Code.\n\n(3) If the EO is dealing with a complaint by a customer that a provision of the Code has not been, or is not being, complied with by a transmitter or distributor, the EO may request the Director of Energy Safety to provide advice to assist the EO in the dealing with the complaint.\n\n(4) It is a function of the Director of Energy Safety to do all such things as are required to comply with a request under subregulation (3).\n\n(5) Subregulation (3) does not limit the power of the EO to consult other persons in relation to a complaint referred to in that subregulation.\n\n[Regulation 6A inserted: Gazette 13 Dec 2005 p. 5981-2.]\n\n##### 7. Reasons for decisions\n\nFor the purposes of section 93 of the Act, the scheme will provide for the giving of reasons for decisions made in dealing with a dispute or complaint that the EO has had to investigate, to the parties to the dispute or complaint.\n\n##### 8. Enforcement against electricity marketing agents\n\nAn electricity marketing agent must comply with a direction given to that electricity marketing agent by the EO under an approved scheme.\n\nPenalty: A fine of —\n\n(a) $2 000 in the case of an individual; or\n\n(b) $8 000 in the case of a body corporate.\n\n##### 9. Review of schemes\n\n(1) The governing body of a scheme must review the scheme before 30 September 2013 and at least once in every 5 years thereafter.\n\n(2) In reviewing the scheme, the governing body must consult with all, or as many as practicable, of the persons and bodies the governing body considers have an interest in the scheme.\n\n(3) The governing body must give a report on the review to the Authority.\n\n[Regulation 9 amended: Gazette 8 Feb 2011 p. 415.]\n\n##### 10. Revocation of a scheme’s approval\n\n(1) Before exercising the power of revocation in section 94 of the Act, the Authority must comply with subregulations (2) to (5).\n\n(2) The Authority must notify —\n\n(a) the Minister;\n\n(b) the Minister to whom the administration of the *Fair Trading Act 2010* is committed; and\n\n(c) the public,\n\nof its intention to exercise the power of revocation.\n\n(3) The notification must —\n\n(a) set out the reasons for, and invite submissions on, the proposed exercise of the power of revocation;\n\n(b) specify the last day on which submissions will be received by the Authority (at least 30 days after the day of the notification); and\n\n(c) specify the formats in which submissions will be received by the Authority.\n\n(4) To comply with subregulation (2)(c), the notification must be published —\n\n(a) in the *Gazette*;\n\n(b) in a newspaper circulating in Western Australia;\n\n(c) on an internet website maintained by the Authority; and\n\n(d) by sending it (electronically or otherwise) to persons listed on the Authority’s mailing list as interested in receiving notices from the Authority.\n\n(5) The Authority must take into account all submissions received on or before the last day for receiving submissions.\n\n(6) A copy of each submission received by the Authority on or before the last day for receiving submissions must, unless the person making the submission has specified that it is confidential —\n\n(a) be displayed on an internet website maintained by the Authority; and\n\n(b) be available on request.\n\n(7) Once the Authority has decided whether or not it will exercise the power of revocation, it must notify the Ministers referred to in subregulation (2) and the public of its decision, in the same way it notified them of its intention to exercise that power.\n\n[Regulation 10 amended: Gazette 29 Jul 2011 p. 3129.]\n\nNotes\n\n1 This is a compilation of the *Electricity Industry (Ombudsman Scheme) Regulations 2005* and includes the amendments made by the other written laws referred to in the following table.\n\nCompilation table\n\n| **Citation** | **Gazettal** | **Commencement** |\n| --- | --- | --- |\n| *Electricity Industry (Ombudsman Scheme) Regulations 2005* | 24 Jun 2005 p. 2805-12 | 24 Jun 2005 |\n| *Electricity Industry (Ombudsman Scheme) Amendment Regulations 2005* | 13 Dec 2005 p. 5981-2 | 1 Jan 2006 (see r.2) |\n| *Electricity Industry (Ombudsman Scheme) Amendment Regulations 2011* | 8 Feb 2011 p. 415 | r. 1 and 2: 8 Feb 2011 (see r. 2(a));   Regulations other than r. 1 and 2: 9 Feb 2011 (see r. 2(b)) |\n| *Electricity Industry (Ombudsman Scheme) Amendment Regulations (No. 2) 2011* | 29 Jul 2011 p. 3129 | r. 1 and 2: 29 Jul 2011 (see r. 2(a));   Regulations other than r. 1 and 2: 30 Jul 2011 (see r. 2(b)) |\n\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nCode 6A(2)\n\ncomplainant 2\n\ncomplaint 2\n\nDirector of Energy Safety 6A(1)\n\nEO 2\n\nthe Act 2\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of establishing and regulating the Electricity Ombudsman Scheme. The amendments shown in the compilation table (2005, 2011) are minor technical updates—adding regulation 6A for technical consultation with the Director of Energy Safety, updating review dates, and modernizing notification methods. There is no significant scope creep beyond the original intent of consumer dispute resolution and scheme governance."},"complexity_factors":["Short length (10 regulations plus notes)","Only 6 defined terms in the interpretation section","Minimal cross-referencing—primarily references to the parent Electricity Industry Act 2004 and one other code","Straightforward conditional logic with clear triggers (e.g., 'if the EO is dealing with a complaint...')","No nested exceptions or complex procedural hierarchies","Simple penalty structure with flat fines for individuals vs corporations","Clear structural separation between functions, powers, and procedural requirements"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set up the rules for an **Electricity Ombudsman Scheme** in Western Australia—a free dispute resolution service for customers who have problems with their electricity company.\n\n**Who it affects:**\n- **Electricity customers** (homeowners, renters, businesses) who want to complain about their electricity provider\n- **Electricity companies** (called \"members\" of the scheme) who must participate and follow the Ombudsman's decisions\n- **Electricity marketing agents**—third parties who sell electricity services on behalf of companies\n- The **Electricity Ombudsman (EO)**—the independent person who investigates complaints\n- The **governing body** that oversees the scheme (made up equally of industry and consumer representatives)\n\n**Key things the legislation does:**\n\n- **Sets up the Ombudsman's powers:** The EO can order electricity companies to pay compensation, fix mistakes on bills, provide services, or stop doing something harmful. Marketing agents can also be directed to provide services and face fines up to $2,000 (individuals) or $8,000 (companies) if they don't comply.\n\n- **Ensures independence:** The scheme must have a governing body with equal representation from industry and consumers, plus an independent chair. This body hires and fires the Ombudsman and sets the budget.\n\n- **Expands what can be complained about:** The Ombudsman can investigate not just billing disputes, but also complaints about how electricity companies use their legal powers over land (like putting poles on private property) and disputes referred by the companies themselves.\n\n- **Requires transparency:** The Ombudsman must give reasons for decisions, and the scheme must be reviewed every 5 years. If the government wants to shut down the scheme, they must notify the public, allow at least 30 days for submissions, and publish those submissions.\n\n- **Links to technical standards:** If a complaint involves technical rules about power quality or reliability, the Ombudsman can ask the Director of Energy Safety for expert advice.\n\n**Why it matters:**\nThis gives ordinary people a free, independent way to resolve disputes with powerful electricity companies without going to court. It also ensures the scheme remains accountable to both industry and consumers through regular reviews and public consultation."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Cannot be assessed — the actual text of the legislation was not available for review. Only a broken-link error page was provided."},"complexity_factors":["No legislative content was returned — only a webpage error message","Unable to assess any legal complexity without access to the actual text of the regulations","Score of 1 reflects absence of content, not simplicity of the underlying law"],"plain_english_summary":"**No legislation content could be retrieved.**\n\nThe page for the *Electricity Industry (Ombudsman Scheme) Regulations 2005* (Western Australia) is no longer available at its original web address. The content of the actual regulations was not returned — only an error message from the Western Australian legislation website explaining that the page has moved due to system upgrades.\n\n**What this means for you:** It is not possible to analyse the substance of these regulations from the information provided. To find the actual regulations, you should:\n- Visit the [Western Australian legislation website](https://www.legislation.wa.gov.au) directly\n- Search for *Electricity Industry (Ombudsman Scheme) Regulations 2005* using the site's search function\n- Contact the Parliamentary Counsel's Office Helpdesk as suggested on the error page"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"These regulations expand and specify the ombudsman scheme’s scope beyond the Act’s baseline by adding extra complaint types (land/neighbor disputes and member/agent referrals) (reg 4), defining operational responsibilities and limits for the EO (reg 5), prescribing a range of enforceable directions (reg 6), establishing governance, review and revocation procedures (regs 3, 9, 10), and formalising consultation with the Director of Energy Safety for Code-related complaints (reg 6A)."},"complexity_factors":["Governing body composition and duties (reg 3) — detailed governance, funding and independence requirements increase organisational compliance burden","Expanded EO jurisdiction (reg 4) — adds land/neighbor disputes and EO-handled referrals, broadening complaint scope","Defined EO functions and limits (reg 5) — day‑to‑day administration and exclusion from price‑setting clarify but constrain remit","Remedial powers and directions (reg 6) — specific orders the EO may give (compensation, service provision, record corrections) create enforceable obligations","Interaction with Network Quality Code (reg 6A) — formal consultation role for Director of Energy Safety adds inter-agency coordination","Mandatory reasons and transparency (reg 7) — requirement to give reasons increases procedural obligations","Enforcement and penalties for marketing agents (reg 8) — fixed fines create direct legal and financial risk","Periodic reviews and stakeholder consultation (reg 9) — scheduled reviews and consultation duties impose ongoing administrative tasks","Revocation process with public notice and submissions (reg 10) — prescriptive notice, publication and submission handling requirements constrain regulator discretion"],"plain_english_summary":"These regulations set the rules for approved electricity ombudsman schemes: they require a governing body, define the ombudsman’s functions and powers, expand the kinds of complaints the ombudsman may handle, prescribe enforcement against marketing agents and require procedural steps for scheme review and revocation. They affect electricity businesses, marketing agents, customers and landowners by allocating who decides disputes, what remedies the ombudsman can order, and the compliance, reporting and consultation duties those parties must meet."}},"importantCases":[],"_links":{"self":"/api/acts/electricity-industry-ombudsman-scheme-regulations-2005","history":"/api/acts/electricity-industry-ombudsman-scheme-regulations-2005/history","analysis":"/api/acts/electricity-industry-ombudsman-scheme-regulations-2005/analysis","conflicts":"/api/acts/electricity-industry-ombudsman-scheme-regulations-2005/conflicts","importantCases":"/api/acts/electricity-industry-ombudsman-scheme-regulations-2005/important-cases","documents":"/api/acts/electricity-industry-ombudsman-scheme-regulations-2005/documents"}}