{"id":"qld:act-2006-061","name":"Energy and Water Ombudsman Act 2006","slug":"energy-and-water-ombudsman-act-2006","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"61 of 2006","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30319,"registerId":"qld-act-2006-061-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"pt.1-div.1","sectionType":"division","heading":"Introduction","content":"## Introduction","sortOrder":1},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Energy and Water Ombudsman Act 2006 .\ns 1 amd 2010 No. 53 s 5","sortOrder":2},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act, other than the following provisions, commences on a day to be fixed by proclamation—\npart 1 , heading\nsection 3\ndivision 2\npart 9 , heading and divisions 1 and 2\nthe schedule .\n- • part 1 , heading\n- • section 3\n- • division 2\n- • part 9 , heading and divisions 1 and 2\n- • the schedule .","sortOrder":3},{"sectionNumber":"sec.3","sectionType":"section","heading":"Main purpose of Act","content":"### sec.3 Main purpose of Act\n\nThe main purpose of this Act is to give—\nrelevant energy customers and relevant occupiers of land a timely, effective, independent and just way of—\nreferring disputes about particular matters involving energy entities and particular former energy entities; and\nhaving the disputes investigated and resolved; and\nsmall customers (water) a timely, effective, independent and just way of—\nreferring disputes about particular matters involving water entities; and\nhaving the disputes investigated and resolved.\ns 3 sub 2010 No. 53 s 6\namd 2015 No. 26 s 4\n- (a) relevant energy customers and relevant occupiers of land a timely, effective, independent and just way of— (i) referring disputes about particular matters involving energy entities and particular former energy entities; and (ii) having the disputes investigated and resolved; and\n- (i) referring disputes about particular matters involving energy entities and particular former energy entities; and\n- (ii) having the disputes investigated and resolved; and\n- (b) small customers (water) a timely, effective, independent and just way of— (i) referring disputes about particular matters involving water entities; and (ii) having the disputes investigated and resolved.\n- (i) referring disputes about particular matters involving water entities; and\n- (ii) having the disputes investigated and resolved.\n- (i) referring disputes about particular matters involving energy entities and particular former energy entities; and\n- (ii) having the disputes investigated and resolved; and\n- (i) referring disputes about particular matters involving water entities; and\n- (ii) having the disputes investigated and resolved.","sortOrder":4},{"sectionNumber":"pt.1-div.2","sectionType":"division","heading":"Interpretation","content":"## Interpretation","sortOrder":5},{"sectionNumber":"sec.4","sectionType":"section","heading":"Dictionary","content":"### sec.4 Dictionary\n\nThe dictionary in the schedule defines particular words used in this Act.","sortOrder":6},{"sectionNumber":"sec.5","sectionType":"section","heading":"What is an energy Act","content":"### sec.5 What is an energy Act\n\nEach of the following is an energy Act —\nthe Electricity Act 1994\nthe Electricity—National Scheme (Queensland) Act 1997\nthe Gas Supply Act 2003\nthe National Electricity (Queensland) Law\nthe National Gas (Queensland) Act 2008\nthe National Gas (Queensland) Law\nthe NERL (Qld).\ns 5 sub 2014 No. 48 s 99\n- • the Electricity Act 1994\n- • the Electricity—National Scheme (Queensland) Act 1997\n- • the Gas Supply Act 2003\n- • the National Electricity (Queensland) Law\n- • the National Gas (Queensland) Act 2008\n- • the National Gas (Queensland) Law\n- • the NERL (Qld).","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"Who is a small customer (energy)","content":"### sec.6 Who is a small customer (energy)\n\nA person is a small customer (energy) if, under an energy Act, the person is a small customer.\nAlso, a person is a small customer (energy) if—\nthe person is an exempt customer under the NERL (Qld) , section 109 ; and\na condition is imposed under the NERL (Qld) on the exempt seller who sells energy to the customer that the seller complies with this Act to the extent it applies to the seller.\nHowever, a customer at street lighting premises under the NERL (Qld) is not a small customer (energy) for the premises.\ns 6 amd 2008 No. 56 s 18 ; 2010 No. 53 s 7 ; 2014 No. 48 s 100 ; 2018 No. 22 s 9\n(sec.6-ssec.1) A person is a small customer (energy) if, under an energy Act, the person is a small customer.\n(sec.6-ssec.2) Also, a person is a small customer (energy) if— the person is an exempt customer under the NERL (Qld) , section 109 ; and a condition is imposed under the NERL (Qld) on the exempt seller who sells energy to the customer that the seller complies with this Act to the extent it applies to the seller.\n(sec.6-ssec.3) However, a customer at street lighting premises under the NERL (Qld) is not a small customer (energy) for the premises.\n- (a) the person is an exempt customer under the NERL (Qld) , section 109 ; and\n- (b) a condition is imposed under the NERL (Qld) on the exempt seller who sells energy to the customer that the seller complies with this Act to the extent it applies to the seller.","sortOrder":8},{"sectionNumber":"sec.6A","sectionType":"section","heading":"Who is a small customer (water)","content":"### sec.6A Who is a small customer (water)\n\nA person is a small customer (water) if the person is a small customer under the customer water and wastewater code.\ns 6A ins 2010 No. 53 s 8","sortOrder":9},{"sectionNumber":"sec.6B","sectionType":"section","heading":"Who is an eligible customer","content":"### sec.6B Who is an eligible customer\n\nAn eligible customer is a relevant energy customer or a small customer (water).\ns 6B ins 2010 No. 53 s 8\namd 2015 No. 26 s 5","sortOrder":10},{"sectionNumber":"sec.6C","sectionType":"section","heading":"Who is an eligible non-residential energy customer","content":"### sec.6C Who is an eligible non-residential energy customer\n\nAn eligible non-residential energy customer is a business customer who consumes electricity at business premises—\nat or above the upper consumption threshold; and\nat not more than 160MWh a year.\nHowever, an eligible non-residential energy customer does not include the State or the Commonwealth.\nIn this section—\nbusiness customer see the NERL (Qld) .\nbusiness premises see the NERL (Qld) .\nupper consumption threshold means the upper consumption level under the NERL (Qld) .\ns 6C ins 2015 No. 26 s 6\n(sec.6C-ssec.1) An eligible non-residential energy customer is a business customer who consumes electricity at business premises— at or above the upper consumption threshold; and at not more than 160MWh a year.\n(sec.6C-ssec.2) However, an eligible non-residential energy customer does not include the State or the Commonwealth.\n(sec.6C-ssec.3) In this section— business customer see the NERL (Qld) . business premises see the NERL (Qld) . upper consumption threshold means the upper consumption level under the NERL (Qld) .\n- (a) at or above the upper consumption threshold; and\n- (b) at not more than 160MWh a year.","sortOrder":11},{"sectionNumber":"sec.6D","sectionType":"section","heading":"Who is a relevant energy customer","content":"### sec.6D Who is a relevant energy customer\n\nA relevant energy customer is—\na small customer (energy); or\nan eligible non-residential energy customer; or\na person who, under an energy Act, is supplied energy by a prescribed energy entity.\nHowever, a person who, under an energy Act , is a receiver of an on-supplier, who is not a prescribed energy entity, for premises is not a relevant energy customer in relation to the premises unless the person is—\na small customer under an energy Act in relation to the premises; or\nan eligible non-residential energy customer in relation to the premises.\ns 6D ins 2015 No. 26 s 6\namd 2018 No. 22 s 10 ; 2020 No. 14 s 19\n(sec.6D-ssec.1) A relevant energy customer is— a small customer (energy); or an eligible non-residential energy customer; or a person who, under an energy Act, is supplied energy by a prescribed energy entity.\n(sec.6D-ssec.2) However, a person who, under an energy Act , is a receiver of an on-supplier, who is not a prescribed energy entity, for premises is not a relevant energy customer in relation to the premises unless the person is— a small customer under an energy Act in relation to the premises; or an eligible non-residential energy customer in relation to the premises.\n- (a) a small customer (energy); or\n- (b) an eligible non-residential energy customer; or\n- (c) a person who, under an energy Act, is supplied energy by a prescribed energy entity.\n- (a) a small customer under an energy Act in relation to the premises; or\n- (b) an eligible non-residential energy customer in relation to the premises.","sortOrder":12},{"sectionNumber":"sec.7","sectionType":"section","heading":"What is an energy entity and a prescribed energy entity","content":"### sec.7 What is an energy entity and a prescribed energy entity\n\nAn energy entity is—\na distributor; or\na retailer; or\na special approval holder whose special approval authorises the holder to provide customer connection services under the Electricity Act 1994 ; or\nan exempt seller; or\na prescribed energy entity.\nA prescribed energy entity is an exempt seller or another entity prescribed to be an energy entity by regulation.\ns 7 amd 2014 No. 48 s 101 ; 2020 No. 14 s 20\n(sec.7-ssec.1) An energy entity is— a distributor; or a retailer; or a special approval holder whose special approval authorises the holder to provide customer connection services under the Electricity Act 1994 ; or an exempt seller; or a prescribed energy entity.\n(sec.7-ssec.2) A prescribed energy entity is an exempt seller or another entity prescribed to be an energy entity by regulation.\n- (a) a distributor; or\n- (b) a retailer; or\n- (c) a special approval holder whose special approval authorises the holder to provide customer connection services under the Electricity Act 1994 ; or\n- (d) an exempt seller; or\n- (e) a prescribed energy entity.","sortOrder":13},{"sectionNumber":"sec.7A","sectionType":"section","heading":"What is a water entity and a withdrawn council","content":"### sec.7A What is a water entity and a withdrawn council\n\nA water entity is—\na distributor-retailer; or\nthe Gold Coast City Council, Logan City Council or Redland City Council (each a withdrawn council ).\ns 7A ins 2010 No. 53 s 9\nsub 2012 No. 1 s 80\n- (a) a distributor-retailer; or\n- (b) the Gold Coast City Council, Logan City Council or Redland City Council (each a withdrawn council ).","sortOrder":14},{"sectionNumber":"sec.7B","sectionType":"section","heading":"What is a utility entity","content":"### sec.7B What is a utility entity\n\nA utility entity is an energy entity or a water entity.\ns 7B ins 2010 No. 53 s 9","sortOrder":15},{"sectionNumber":"sec.8","sectionType":"section","heading":"What is an energy entity function","content":"### sec.8 What is an energy entity function\n\nAn energy entity function is a function or obligation that—\nis performed or required or permitted to be performed by an energy entity under or in relation to—\nan energy Act ; or\nan industry code; or\na connection contract or retail contract; and\nconcerns customer connection services or customer retail services.\nbilling under a connection contract or retail contract\nconnection or disconnection of the services\nsecurity deposits for the services\nthe reliability or quality of the services\nthe carrying out of vegetation management, including for example, clearing, removing, lopping or pruning trees or other vegetation, authorised under an energy Act\nthe connection, supply or sale, or the failure to connect supply or sell, electricity or processed natural gas, as required under an energy Act or a licence or agreement\nconduct relating to the formation of a negotiated contract\n- (a) is performed or required or permitted to be performed by an energy entity under or in relation to— (i) an energy Act ; or (ii) an industry code; or (iii) a connection contract or retail contract; and\n- (i) an energy Act ; or\n- (ii) an industry code; or\n- (iii) a connection contract or retail contract; and\n- (b) concerns customer connection services or customer retail services.\n- (i) an energy Act ; or\n- (ii) an industry code; or\n- (iii) a connection contract or retail contract; and\n- • billing under a connection contract or retail contract\n- • connection or disconnection of the services\n- • security deposits for the services\n- • the reliability or quality of the services\n- • the carrying out of vegetation management, including for example, clearing, removing, lopping or pruning trees or other vegetation, authorised under an energy Act\n- • the connection, supply or sale, or the failure to connect supply or sell, electricity or processed natural gas, as required under an energy Act or a licence or agreement\n- • conduct relating to the formation of a negotiated contract","sortOrder":16},{"sectionNumber":"sec.8A","sectionType":"section","heading":"What is a water entity function","content":"### sec.8A What is a water entity function\n\nA water entity function is a function or obligation that is performed or required or permitted to be performed by a water entity under the customer water and wastewater code.\ns 8A ins 2010 No. 53 s 10","sortOrder":17},{"sectionNumber":"sec.9","sectionType":"section","heading":"References to functions","content":"### sec.9 References to functions\n\nIn this Act—\na reference to a function includes a reference to a power; and\na reference to performing a function includes a reference to exercising a power.\n- (a) a reference to a function includes a reference to a power; and\n- (b) a reference to performing a function includes a reference to exercising a power.","sortOrder":18},{"sectionNumber":"pt.2","sectionType":"part","heading":"The energy and water ombudsman","content":"# The energy and water ombudsman","sortOrder":19},{"sectionNumber":"sec.10","sectionType":"section","heading":"Establishment","content":"### sec.10 Establishment\n\nThere is to be an energy and water ombudsman.\nFor particular provisions about the energy and water ombudsman, see part 7 .\ns 10 amd 2010 No. 53 s 3 sch 1","sortOrder":20},{"sectionNumber":"sec.11","sectionType":"section","heading":"Functions","content":"### sec.11 Functions\n\nThe energy and water ombudsman’s functions are—\nto receive and investigate, and facilitate the resolution of, disputes referred under this Act to the energy and water ombudsman; and\nFor what disputes may be referred and who may refer them, see sections 18 , 18A , 19 , 19A and 20 .\nto resolve the disputes if they can not be resolved by agreement, negotiation or mediation; and\nto promote the operation of this Act to eligible customers and relevant occupiers of land; and\nto identify systemic issues arising out of complaints anyone makes to the ombudsman; and\nsubject to this Act, and to recognition given by a notice under the Privacy Act , section 35A , to receive, investigate, facilitate the resolution of, make decisions and recommendations for, and report on complaints about acts or practices of scheme participants that may be an interference with the privacy of an individual within the meaning of section 13 (1) or (2) of that Act; and\nthe other functions conferred on the energy and water ombudsman under any Act.\nHowever, the performance of the energy and water ombudsman’s functions is subject to sections 12 , 12A and 12B .\ns 11 amd 2010 No. 53 ss 11 , 3 sch 1 ; 2011 No. 20 s 44 ; 2015 No. 26 s 7\n(sec.11-ssec.1) The energy and water ombudsman’s functions are— to receive and investigate, and facilitate the resolution of, disputes referred under this Act to the energy and water ombudsman; and For what disputes may be referred and who may refer them, see sections 18 , 18A , 19 , 19A and 20 . to resolve the disputes if they can not be resolved by agreement, negotiation or mediation; and to promote the operation of this Act to eligible customers and relevant occupiers of land; and to identify systemic issues arising out of complaints anyone makes to the ombudsman; and subject to this Act, and to recognition given by a notice under the Privacy Act , section 35A , to receive, investigate, facilitate the resolution of, make decisions and recommendations for, and report on complaints about acts or practices of scheme participants that may be an interference with the privacy of an individual within the meaning of section 13 (1) or (2) of that Act; and the other functions conferred on the energy and water ombudsman under any Act.\n(sec.11-ssec.2) However, the performance of the energy and water ombudsman’s functions is subject to sections 12 , 12A and 12B .\n- (a) to receive and investigate, and facilitate the resolution of, disputes referred under this Act to the energy and water ombudsman; and Note— For what disputes may be referred and who may refer them, see sections 18 , 18A , 19 , 19A and 20 .\n- (b) to resolve the disputes if they can not be resolved by agreement, negotiation or mediation; and\n- (c) to promote the operation of this Act to eligible customers and relevant occupiers of land; and\n- (d) to identify systemic issues arising out of complaints anyone makes to the ombudsman; and\n- (e) subject to this Act, and to recognition given by a notice under the Privacy Act , section 35A , to receive, investigate, facilitate the resolution of, make decisions and recommendations for, and report on complaints about acts or practices of scheme participants that may be an interference with the privacy of an individual within the meaning of section 13 (1) or (2) of that Act; and\n- (f) the other functions conferred on the energy and water ombudsman under any Act.","sortOrder":21},{"sectionNumber":"sec.12","sectionType":"section","heading":"Restrictions on functions—energy entities","content":"### sec.12 Restrictions on functions—energy entities\n\nIn relation to an energy entity, the energy and water ombudsman can not accept a referral about or investigate any of the following—\nthe fixing of—\ntariffs for customer connection services or customer retail services; or\ncharging categories for the tariffs; or\nmethodologies for fixing the tariffs or categories;\nthe fairness or reasonableness of the terms of a connection contract or retail contract;\ndisputes between relevant energy customers and energy entities about eligibility for State government concessions or rebates;\ndisputes between—\na small customer under an energy Act, or an eligible non-residential energy customer; and\nan on-supplier under an energy Act, other than a prescribed energy entity;\na commercial activity carried out by an energy entity if the activity is outside the scope of any energy Act authority held by the entity;\na thing required to be done under an energy Act or an order in a proceeding;\na restriction on the supply of electricity required under an emergency rationing order under the Electricity Act 1994\ncustomer contribution to the cost of capital works;\na dispute between 2 or more entities of the following types of entity—\nenergy entities;\nelectricity entities under the Electricity Act 1994 ;\nspecial approval holders;\nindustry participants under the Gas Supply Act 2003 .\nIn this section—\ntariffs includes charges and prices.\ns 12 amd 2010 No. 53 s 12 ; 2015 No. 26 s 8 ; 2018 No. 22 s 11 ; 2020 No. 14 s 21\n(sec.12-ssec.1) In relation to an energy entity, the energy and water ombudsman can not accept a referral about or investigate any of the following— the fixing of— tariffs for customer connection services or customer retail services; or charging categories for the tariffs; or methodologies for fixing the tariffs or categories; the fairness or reasonableness of the terms of a connection contract or retail contract; disputes between relevant energy customers and energy entities about eligibility for State government concessions or rebates; disputes between— a small customer under an energy Act, or an eligible non-residential energy customer; and an on-supplier under an energy Act, other than a prescribed energy entity; a commercial activity carried out by an energy entity if the activity is outside the scope of any energy Act authority held by the entity; a thing required to be done under an energy Act or an order in a proceeding; a restriction on the supply of electricity required under an emergency rationing order under the Electricity Act 1994 customer contribution to the cost of capital works; a dispute between 2 or more entities of the following types of entity— energy entities; electricity entities under the Electricity Act 1994 ; special approval holders; industry participants under the Gas Supply Act 2003 .\n(sec.12-ssec.2) In this section— tariffs includes charges and prices.\n- (a) the fixing of— (i) tariffs for customer connection services or customer retail services; or (ii) charging categories for the tariffs; or (iii) methodologies for fixing the tariffs or categories;\n- (i) tariffs for customer connection services or customer retail services; or\n- (ii) charging categories for the tariffs; or\n- (iii) methodologies for fixing the tariffs or categories;\n- (b) the fairness or reasonableness of the terms of a connection contract or retail contract;\n- (c) disputes between relevant energy customers and energy entities about eligibility for State government concessions or rebates;\n- (d) disputes between— (i) a small customer under an energy Act, or an eligible non-residential energy customer; and (ii) an on-supplier under an energy Act, other than a prescribed energy entity;\n- (i) a small customer under an energy Act, or an eligible non-residential energy customer; and\n- (ii) an on-supplier under an energy Act, other than a prescribed energy entity;\n- (e) a commercial activity carried out by an energy entity if the activity is outside the scope of any energy Act authority held by the entity;\n- (f) a thing required to be done under an energy Act or an order in a proceeding; Example— a restriction on the supply of electricity required under an emergency rationing order under the Electricity Act 1994\n- (g) customer contribution to the cost of capital works;\n- (h) a dispute between 2 or more entities of the following types of entity— (i) energy entities; (ii) electricity entities under the Electricity Act 1994 ; (iii) special approval holders; (iv) industry participants under the Gas Supply Act 2003 .\n- (i) energy entities;\n- (ii) electricity entities under the Electricity Act 1994 ;\n- (iii) special approval holders;\n- (iv) industry participants under the Gas Supply Act 2003 .\n- (i) tariffs for customer connection services or customer retail services; or\n- (ii) charging categories for the tariffs; or\n- (iii) methodologies for fixing the tariffs or categories;\n- (i) a small customer under an energy Act, or an eligible non-residential energy customer; and\n- (ii) an on-supplier under an energy Act, other than a prescribed energy entity;\n- (i) energy entities;\n- (ii) electricity entities under the Electricity Act 1994 ;\n- (iii) special approval holders;\n- (iv) industry participants under the Gas Supply Act 2003 .","sortOrder":22},{"sectionNumber":"sec.12A","sectionType":"section","heading":"Restriction on functions—water entities","content":"### sec.12A Restriction on functions—water entities\n\nThe energy and water ombudsman can not accept a referral about or investigate the fixing of—\ncharges for wastewater services or water services; or\nmethodologies for fixing the charges.\nIn this section—\nwastewater service see the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 , schedule .\nwater service see the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 , schedule .\ns 12A ins 2010 No. 53 s 13\n(sec.12A-ssec.1) The energy and water ombudsman can not accept a referral about or investigate the fixing of— charges for wastewater services or water services; or methodologies for fixing the charges.\n(sec.12A-ssec.2) In this section— wastewater service see the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 , schedule . water service see the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 , schedule .\n- (a) charges for wastewater services or water services; or\n- (b) methodologies for fixing the charges.","sortOrder":23},{"sectionNumber":"sec.12B","sectionType":"section","heading":"General restrictions on functions","content":"### sec.12B General restrictions on functions\n\nThe energy and water ombudsman can not accept a referral about or investigate any of the following—\nthe content of government policies or of legislation, an energy Act authority, an industry code or the customer water and wastewater code;\na matter that has already been decided by a proceeding;\na matter the subject of an unfinished proceeding started before the referral.\nHowever, subsection (1) (c) does not apply if—\nthe energy and water ombudsman and the parties to the proceeding agree that the ombudsman may investigate the matter; or\nan order in the proceeding requires the energy and water ombudsman to investigate the matter.\nIn this section—\nproceeding includes arbitration.\ns 12B ins 2010 No. 53 s 13\n(sec.12B-ssec.1) The energy and water ombudsman can not accept a referral about or investigate any of the following— the content of government policies or of legislation, an energy Act authority, an industry code or the customer water and wastewater code; a matter that has already been decided by a proceeding; a matter the subject of an unfinished proceeding started before the referral.\n(sec.12B-ssec.2) However, subsection (1) (c) does not apply if— the energy and water ombudsman and the parties to the proceeding agree that the ombudsman may investigate the matter; or an order in the proceeding requires the energy and water ombudsman to investigate the matter.\n(sec.12B-ssec.3) In this section— proceeding includes arbitration.\n- (a) the content of government policies or of legislation, an energy Act authority, an industry code or the customer water and wastewater code;\n- (b) a matter that has already been decided by a proceeding;\n- (c) a matter the subject of an unfinished proceeding started before the referral.\n- (a) the energy and water ombudsman and the parties to the proceeding agree that the ombudsman may investigate the matter; or\n- (b) an order in the proceeding requires the energy and water ombudsman to investigate the matter.","sortOrder":24},{"sectionNumber":"sec.13","sectionType":"section","heading":null,"content":"### Section sec.13\n\ns 13 amd 2010 No. 53 ss 14 , 3 sch 1\nom 2011 No. 20 s 45","sortOrder":25},{"sectionNumber":"sec.14","sectionType":"section","heading":"Obligations in performing functions","content":"### sec.14 Obligations in performing functions\n\nThe energy and water ombudsman must, in performing the ombudsman’s functions, act independently, impartially and in the public interest.\ns 14 amd 2010 No. 53 s 3 sch 1","sortOrder":26},{"sectionNumber":"sec.15","sectionType":"section","heading":"General powers","content":"### sec.15 General powers\n\nWithout limiting the energy and water ombudsman’s specific powers under this Act, the ombudsman may do anything necessary or convenient to be done for, or in connection with, the ombudsman’s functions.\ns 15 amd 2010 No. 53 s 3 sch 1","sortOrder":27},{"sectionNumber":"sec.16","sectionType":"section","heading":"Energy and water ombudsman not subject to direction","content":"### sec.16 Energy and water ombudsman not subject to direction\n\nSubject to section 74 , the energy and water ombudsman is not subject to direction by anyone about—\nthe way the energy and water ombudsman performs the energy and water ombudsman’s functions; or\ndecisions on dispute referrals; or\nthe priority given to investigations or the resolution of dispute referrals.\ns 16 amd 2010 No. 53 s 3 sch 1\n- (a) the way the energy and water ombudsman performs the energy and water ombudsman’s functions; or\n- (b) decisions on dispute referrals; or\n- (c) the priority given to investigations or the resolution of dispute referrals.","sortOrder":28},{"sectionNumber":"sec.17","sectionType":"section","heading":"Consultation with advisory council","content":"### sec.17 Consultation with advisory council\n\nThe energy and water ombudsman must consult with the advisory council, as required under section 28 (6) , 74 or 75 .\nIf—\nthe advisory council gives the energy and water ombudsman advice; and\nthe advice is given because of consultation required under subsection (1) or is within the council’s functions;\nthe energy and water ombudsman must consider the advice in performing functions under this Act.\ns 17 amd 2010 No. 53 s 3 sch 1\n(sec.17-ssec.1) The energy and water ombudsman must consult with the advisory council, as required under section 28 (6) , 74 or 75 .\n(sec.17-ssec.2) If— the advisory council gives the energy and water ombudsman advice; and the advice is given because of consultation required under subsection (1) or is within the council’s functions; the energy and water ombudsman must consider the advice in performing functions under this Act.\n- (a) the advisory council gives the energy and water ombudsman advice; and\n- (b) the advice is given because of consultation required under subsection (1) or is within the council’s functions;","sortOrder":29},{"sectionNumber":"pt.3","sectionType":"part","heading":"Dispute referrals","content":"# Dispute referrals","sortOrder":30},{"sectionNumber":"sec.18","sectionType":"section","heading":"Disputes relating to energy entities that may be referred to energy and water ombudsman","content":"### sec.18 Disputes relating to energy entities that may be referred to energy and water ombudsman\n\nThis section applies if a dispute as follows exists—\na dispute between a relevant energy customer and an energy entity about its performance of an energy entity function (the relevant function ) if the dispute relates to premises for which the customer is a relevant energy customer;\na dispute about whether, under an energy Act, the entity must provide customer connection services or customer retail services\na dispute between an energy entity and an occupier of land onto which the entity, or an individual authorised by the entity, enters, or proposes to enter, under an energy Act (also the relevant function ).\nThis section continues to apply even if the relevant entity stops being an energy entity after the performance of the relevant function.\nSubject to sections 19 and 19A , either party to the dispute may refer it to the energy and water ombudsman.\nSubsection (5) applies if the dispute is about whether, under an energy Act, the relevant entity must provide customer connection services or customer retail services.\nFor subsection (1) (a) , the customer is a relevant energy customer if, had the services been provided, the customer would have been a relevant energy customer for the premises.\ns 18 amd 2010 No. 53 ss 15 , 3 sch 1 ; 2015 No. 26 s 9\n(sec.18-ssec.1) This section applies if a dispute as follows exists— a dispute between a relevant energy customer and an energy entity about its performance of an energy entity function (the relevant function ) if the dispute relates to premises for which the customer is a relevant energy customer; a dispute about whether, under an energy Act, the entity must provide customer connection services or customer retail services a dispute between an energy entity and an occupier of land onto which the entity, or an individual authorised by the entity, enters, or proposes to enter, under an energy Act (also the relevant function ).\n(sec.18-ssec.2) This section continues to apply even if the relevant entity stops being an energy entity after the performance of the relevant function.\n(sec.18-ssec.3) Subject to sections 19 and 19A , either party to the dispute may refer it to the energy and water ombudsman.\n(sec.18-ssec.4) Subsection (5) applies if the dispute is about whether, under an energy Act, the relevant entity must provide customer connection services or customer retail services.\n(sec.18-ssec.5) For subsection (1) (a) , the customer is a relevant energy customer if, had the services been provided, the customer would have been a relevant energy customer for the premises.\n- (a) a dispute between a relevant energy customer and an energy entity about its performance of an energy entity function (the relevant function ) if the dispute relates to premises for which the customer is a relevant energy customer; Example— a dispute about whether, under an energy Act, the entity must provide customer connection services or customer retail services\n- (b) a dispute between an energy entity and an occupier of land onto which the entity, or an individual authorised by the entity, enters, or proposes to enter, under an energy Act (also the relevant function ).","sortOrder":31},{"sectionNumber":"sec.18A","sectionType":"section","heading":"Disputes relating to water entities that may be referred to energy and water ombudsman","content":"### sec.18A Disputes relating to water entities that may be referred to energy and water ombudsman\n\nThis section applies if a dispute exists between a small customer (water) and a water entity about its performance of a water entity function.\nSubject to section 19A , either party to the dispute may refer it to the energy and water ombudsman.\nSubsection (4) applies if the dispute is about whether a water entity must perform a water entity function for a person.\nFor subsection (1) , the person is a small customer (water) if, had the function been performed, the person would have been a small customer (water).\ns 18A ins 2010 No. 53 s 16\n(sec.18A-ssec.1) This section applies if a dispute exists between a small customer (water) and a water entity about its performance of a water entity function.\n(sec.18A-ssec.2) Subject to section 19A , either party to the dispute may refer it to the energy and water ombudsman.\n(sec.18A-ssec.3) Subsection (4) applies if the dispute is about whether a water entity must perform a water entity function for a person.\n(sec.18A-ssec.4) For subsection (1) , the person is a small customer (water) if, had the function been performed, the person would have been a small customer (water).","sortOrder":32},{"sectionNumber":"sec.18B","sectionType":"section","heading":"Dispute may involve complaint about interference with privacy","content":"### sec.18B Dispute may involve complaint about interference with privacy\n\nA dispute about the performance of a utility entity’s function as mentioned in section 18 (1) (a) or 18A (1) may involve a complaint that an act or practice relevant to the entity’s performance of the function was or is an interference with the privacy of an individual within the meaning of the Privacy Act , section 13 (1) or (2) .\ns 18B ins 2015 No. 26 s 10","sortOrder":33},{"sectionNumber":"sec.19","sectionType":"section","heading":"Restrictions on disputes relating to energy entities that can be referred","content":"### sec.19 Restrictions on disputes relating to energy entities that can be referred\n\nA party to a dispute mentioned in section 18 (1) can not make a referral under that section if any of the following circumstances apply—\nsection 12 or 12B prevents the proposed referral from being made;\nthe relevant dispute may be dealt with under the Queensland Competition Authority Act 1997 ;\nthe relevant entity has stopped being an energy entity for more than 12 months.\ns 19 amd 2008 No. 27 s 36 ; 2010 No. 53 s 17 ; 2011 No. 20 s 46 ; 2013 No. 42 s 39 ; 2014 No. 48 s 102\n- (b) section 12 or 12B prevents the proposed referral from being made;\n- (c) the relevant dispute may be dealt with under the Queensland Competition Authority Act 1997 ;\n- (d) the relevant entity has stopped being an energy entity for more than 12 months.","sortOrder":34},{"sectionNumber":"sec.19A","sectionType":"section","heading":"General restrictions on disputes that can be referred","content":"### sec.19A General restrictions on disputes that can be referred\n\nA party to a dispute mentioned in section 18 (1) or 18A (1) can not make a referral under that section if any of the following circumstances apply—\n12 months have passed since the later of the following to happen—\nthe performance of the function to which the dispute relates;\nthe party becoming aware of the performance of the function to which the dispute relates;\nthe energy and water ombudsman has already made a decision on an earlier dispute referral and—\nthe parties to the earlier dispute referral are the same as the parties to the relevant dispute; and\nthe proposed dispute referral is the same, or substantially the same, as the earlier dispute referral;\nthe party is a non-entity party and the energy and water ombudsman is reasonably satisfied the party has not made a genuine attempt to resolve the matter with the relevant entity.\nFor subsection (1) (a) (ii) , a non-entity party is taken to have become aware of the performance of the function to which the dispute relates when the party might reasonably be expected to have known it was being performed.\ns 19A ins 2010 No. 53 s 18\n(sec.19A-ssec.1) A party to a dispute mentioned in section 18 (1) or 18A (1) can not make a referral under that section if any of the following circumstances apply— 12 months have passed since the later of the following to happen— the performance of the function to which the dispute relates; the party becoming aware of the performance of the function to which the dispute relates; the energy and water ombudsman has already made a decision on an earlier dispute referral and— the parties to the earlier dispute referral are the same as the parties to the relevant dispute; and the proposed dispute referral is the same, or substantially the same, as the earlier dispute referral; the party is a non-entity party and the energy and water ombudsman is reasonably satisfied the party has not made a genuine attempt to resolve the matter with the relevant entity.\n(sec.19A-ssec.2) For subsection (1) (a) (ii) , a non-entity party is taken to have become aware of the performance of the function to which the dispute relates when the party might reasonably be expected to have known it was being performed.\n- (a) 12 months have passed since the later of the following to happen— (i) the performance of the function to which the dispute relates; (ii) the party becoming aware of the performance of the function to which the dispute relates;\n- (i) the performance of the function to which the dispute relates;\n- (ii) the party becoming aware of the performance of the function to which the dispute relates;\n- (b) the energy and water ombudsman has already made a decision on an earlier dispute referral and— (i) the parties to the earlier dispute referral are the same as the parties to the relevant dispute; and (ii) the proposed dispute referral is the same, or substantially the same, as the earlier dispute referral;\n- (i) the parties to the earlier dispute referral are the same as the parties to the relevant dispute; and\n- (ii) the proposed dispute referral is the same, or substantially the same, as the earlier dispute referral;\n- (c) the party is a non-entity party and the energy and water ombudsman is reasonably satisfied the party has not made a genuine attempt to resolve the matter with the relevant entity.\n- (i) the performance of the function to which the dispute relates;\n- (ii) the party becoming aware of the performance of the function to which the dispute relates;\n- (i) the parties to the earlier dispute referral are the same as the parties to the relevant dispute; and\n- (ii) the proposed dispute referral is the same, or substantially the same, as the earlier dispute referral;","sortOrder":35},{"sectionNumber":"sec.20","sectionType":"section","heading":"Discretion to accept particular referrals made out-of-time","content":"### sec.20 Discretion to accept particular referrals made out-of-time\n\nThis section applies if—\nfor a dispute relating to an energy entity function—\nbecause of section 19A (1) (a) , a referral can not otherwise be made under section 18 ; and\nthe relevant entity is still an energy entity or, if it is no longer an energy entity, less than 12 months have passed since it stopped being an energy entity; or\nfor a dispute relating to a water entity function, because of section 19A (1) (a) , a referral can not otherwise be made under section 18A .\nThe energy and water ombudsman may decide the referral is a dispute referral properly made under section 18 or 18A if the ombudsman considers the referrer had good reason for not referring the dispute within the 12 months mentioned in section 19A (1) (a) .\nOn the making of the decision, the referral is taken to be a dispute referral made to the energy and water ombudsman under section 18 or 18A .\nThis section applies despite section 19A (1) (a) .\ns 20 amd 2010 No. 53 ss 19 , 3 sch 1\n(sec.20-ssec.1) This section applies if— for a dispute relating to an energy entity function— because of section 19A (1) (a) , a referral can not otherwise be made under section 18 ; and the relevant entity is still an energy entity or, if it is no longer an energy entity, less than 12 months have passed since it stopped being an energy entity; or for a dispute relating to a water entity function, because of section 19A (1) (a) , a referral can not otherwise be made under section 18A .\n(sec.20-ssec.2) The energy and water ombudsman may decide the referral is a dispute referral properly made under section 18 or 18A if the ombudsman considers the referrer had good reason for not referring the dispute within the 12 months mentioned in section 19A (1) (a) .\n(sec.20-ssec.3) On the making of the decision, the referral is taken to be a dispute referral made to the energy and water ombudsman under section 18 or 18A .\n(sec.20-ssec.4) This section applies despite section 19A (1) (a) .\n- (a) for a dispute relating to an energy entity function— (i) because of section 19A (1) (a) , a referral can not otherwise be made under section 18 ; and (ii) the relevant entity is still an energy entity or, if it is no longer an energy entity, less than 12 months have passed since it stopped being an energy entity; or\n- (i) because of section 19A (1) (a) , a referral can not otherwise be made under section 18 ; and\n- (ii) the relevant entity is still an energy entity or, if it is no longer an energy entity, less than 12 months have passed since it stopped being an energy entity; or\n- (b) for a dispute relating to a water entity function, because of section 19A (1) (a) , a referral can not otherwise be made under section 18A .\n- (i) because of section 19A (1) (a) , a referral can not otherwise be made under section 18 ; and\n- (ii) the relevant entity is still an energy entity or, if it is no longer an energy entity, less than 12 months have passed since it stopped being an energy entity; or","sortOrder":36},{"sectionNumber":"sec.21","sectionType":"section","heading":"Ways of making dispute referral","content":"### sec.21 Ways of making dispute referral\n\nSubject to section 22 (2) , a dispute referral may be oral or written.\nA dispute referral may be made for the referrer by someone else authorised by the referrer.\nThe authorisation may be oral or written.\n(sec.21-ssec.1) Subject to section 22 (2) , a dispute referral may be oral or written.\n(sec.21-ssec.2) A dispute referral may be made for the referrer by someone else authorised by the referrer.\n(sec.21-ssec.3) The authorisation may be oral or written.","sortOrder":37},{"sectionNumber":"sec.22","sectionType":"section","heading":"Refusal to investigate dispute referral","content":"### sec.22 Refusal to investigate dispute referral\n\nThe energy and water ombudsman may refuse to investigate a dispute referral or, having started to investigate a dispute referral, may refuse to continue the investigation, if the ombudsman is reasonably satisfied that—\nthe subject of the relevant dispute is trivial; or\nthe dispute referral is frivolous or vexatious or has not been made in good faith; or\nthe referrer does not have a sufficient direct interest in the subject of the relevant dispute; or\nthe relevant entity has not been given a reasonable opportunity to resolve the relevant dispute; or\nboth of the following apply—\nthe referrer has a right of appeal, reference or review, or another remedy, that the referrer has not exhausted;\na right under a relevant contract or law of internal review by the energy entity for it to make an insurance claim for the relevant dispute\nit would be reasonable in the circumstances to require the referrer to exhaust the right or remedy before the energy and water ombudsman investigates, or continues to investigate, the dispute referral; or\nif the referral relates to an energy entity function, under an energy Act, the regulator or QCA has the power to give appropriate relief to the non-entity party; or\nbecause of a preliminary inquiry, the relevant dispute should not be investigated; or\nin the circumstances, the investigation, or the continuance of the investigation, of the matter the subject of the relevant dispute is unnecessary or unjustifiable.\nAlso, the energy and water ombudsman may refuse to investigate an oral dispute referral or, having started to investigate an oral dispute referral, may refuse to continue the investigation, until the dispute referral is remade in the approved form under section 82 .\nA right or remedy mentioned in subsection (1) does not include a right under the Judicial Review Act 1991 to make an application to the Supreme Court.\nTo remove any doubt, it is declared that this section does not limit or otherwise affect the energy and water ombudsman’s power not to accept or investigate a matter because of section 12 , 12A , 12B , 18 , 18A , 19 or 19A .\ns 22 amd 2010 No. 53 ss 20 , 3 sch 1 ; 2011 No. 20 s 47\n(sec.22-ssec.1) The energy and water ombudsman may refuse to investigate a dispute referral or, having started to investigate a dispute referral, may refuse to continue the investigation, if the ombudsman is reasonably satisfied that— the subject of the relevant dispute is trivial; or the dispute referral is frivolous or vexatious or has not been made in good faith; or the referrer does not have a sufficient direct interest in the subject of the relevant dispute; or the relevant entity has not been given a reasonable opportunity to resolve the relevant dispute; or both of the following apply— the referrer has a right of appeal, reference or review, or another remedy, that the referrer has not exhausted; a right under a relevant contract or law of internal review by the energy entity for it to make an insurance claim for the relevant dispute it would be reasonable in the circumstances to require the referrer to exhaust the right or remedy before the energy and water ombudsman investigates, or continues to investigate, the dispute referral; or if the referral relates to an energy entity function, under an energy Act, the regulator or QCA has the power to give appropriate relief to the non-entity party; or because of a preliminary inquiry, the relevant dispute should not be investigated; or in the circumstances, the investigation, or the continuance of the investigation, of the matter the subject of the relevant dispute is unnecessary or unjustifiable.\n(sec.22-ssec.2) Also, the energy and water ombudsman may refuse to investigate an oral dispute referral or, having started to investigate an oral dispute referral, may refuse to continue the investigation, until the dispute referral is remade in the approved form under section 82 .\n(sec.22-ssec.3) A right or remedy mentioned in subsection (1) does not include a right under the Judicial Review Act 1991 to make an application to the Supreme Court.\n(sec.22-ssec.4) To remove any doubt, it is declared that this section does not limit or otherwise affect the energy and water ombudsman’s power not to accept or investigate a matter because of section 12 , 12A , 12B , 18 , 18A , 19 or 19A .\n- (a) the subject of the relevant dispute is trivial; or\n- (b) the dispute referral is frivolous or vexatious or has not been made in good faith; or\n- (c) the referrer does not have a sufficient direct interest in the subject of the relevant dispute; or\n- (d) the relevant entity has not been given a reasonable opportunity to resolve the relevant dispute; or\n- (e) both of the following apply— (i) the referrer has a right of appeal, reference or review, or another remedy, that the referrer has not exhausted; Example of a right of reference— a right under a relevant contract or law of internal review by the energy entity for it to make an insurance claim for the relevant dispute (ii) it would be reasonable in the circumstances to require the referrer to exhaust the right or remedy before the energy and water ombudsman investigates, or continues to investigate, the dispute referral; or\n- (i) the referrer has a right of appeal, reference or review, or another remedy, that the referrer has not exhausted; Example of a right of reference— a right under a relevant contract or law of internal review by the energy entity for it to make an insurance claim for the relevant dispute\n- (ii) it would be reasonable in the circumstances to require the referrer to exhaust the right or remedy before the energy and water ombudsman investigates, or continues to investigate, the dispute referral; or\n- (f) if the referral relates to an energy entity function, under an energy Act, the regulator or QCA has the power to give appropriate relief to the non-entity party; or\n- (g) because of a preliminary inquiry, the relevant dispute should not be investigated; or\n- (h) in the circumstances, the investigation, or the continuance of the investigation, of the matter the subject of the relevant dispute is unnecessary or unjustifiable.\n- (i) the referrer has a right of appeal, reference or review, or another remedy, that the referrer has not exhausted; Example of a right of reference— a right under a relevant contract or law of internal review by the energy entity for it to make an insurance claim for the relevant dispute\n- (ii) it would be reasonable in the circumstances to require the referrer to exhaust the right or remedy before the energy and water ombudsman investigates, or continues to investigate, the dispute referral; or","sortOrder":38},{"sectionNumber":"sec.23","sectionType":"section","heading":"Notice of referral not properly made or of refusal to investigate","content":"### sec.23 Notice of referral not properly made or of refusal to investigate\n\nThis section applies if—\nbecause of section 12 , 12A , 12B , 18 , 18A , 19 or 19A , a purported dispute referral can not be made to or be investigated by the energy and water ombudsman; or\nunder section 22 , the energy and water ombudsman refuses to carry out or to continue an investigation.\nThe energy and water ombudsman must, as soon as reasonably practicable, notify the referrer that the purported dispute referral, or the dispute referral the subject of the former investigation, will not be investigated, or continue to be investigated, and why.\nThe notice may be oral or written.\ns 23 amd 2010 No. 53 ss 21 , 3 sch 1 ; 2011 No. 20 s 48\n(sec.23-ssec.1) This section applies if— because of section 12 , 12A , 12B , 18 , 18A , 19 or 19A , a purported dispute referral can not be made to or be investigated by the energy and water ombudsman; or under section 22 , the energy and water ombudsman refuses to carry out or to continue an investigation.\n(sec.23-ssec.2) The energy and water ombudsman must, as soon as reasonably practicable, notify the referrer that the purported dispute referral, or the dispute referral the subject of the former investigation, will not be investigated, or continue to be investigated, and why.\n(sec.23-ssec.3) The notice may be oral or written.\n- (a) because of section 12 , 12A , 12B , 18 , 18A , 19 or 19A , a purported dispute referral can not be made to or be investigated by the energy and water ombudsman; or\n- (b) under section 22 , the energy and water ombudsman refuses to carry out or to continue an investigation.","sortOrder":39},{"sectionNumber":"sec.24","sectionType":"section","heading":"Preliminary inquiry","content":"### sec.24 Preliminary inquiry\n\nFor this part, the energy and water ombudsman may make reasonably necessary inquiries to decide whether a dispute referral or purported dispute referral can or should be investigated.\nThe parties must, if the energy and water ombudsman asks, give the ombudsman reasonable help in the carrying out of a preliminary inquiry.\ns 24 amd 2010 No. 53 s 3 sch 1\n(sec.24-ssec.1) For this part, the energy and water ombudsman may make reasonably necessary inquiries to decide whether a dispute referral or purported dispute referral can or should be investigated.\n(sec.24-ssec.2) The parties must, if the energy and water ombudsman asks, give the ombudsman reasonable help in the carrying out of a preliminary inquiry.","sortOrder":40},{"sectionNumber":"sec.25","sectionType":"section","heading":"Withdrawal of dispute referral","content":"### sec.25 Withdrawal of dispute referral\n\nA dispute referral may be withdrawn at any time by the referrer.\nThe withdrawal may be by oral or written notice to the energy and water ombudsman.\nOn the withdrawal, any investigation relating to the dispute referral ends.\nThe energy and water ombudsman must, as soon as practicable after receiving the notice under subsection (2) , give the other party written notice of the withdrawal.\ns 25 amd 2010 No. 53 s 3 sch 1\n(sec.25-ssec.1) A dispute referral may be withdrawn at any time by the referrer.\n(sec.25-ssec.2) The withdrawal may be by oral or written notice to the energy and water ombudsman.\n(sec.25-ssec.3) On the withdrawal, any investigation relating to the dispute referral ends.\n(sec.25-ssec.4) The energy and water ombudsman must, as soon as practicable after receiving the notice under subsection (2) , give the other party written notice of the withdrawal.","sortOrder":41},{"sectionNumber":"sec.25A","sectionType":"section","heading":"Use and disclosure of personal information","content":"### sec.25A Use and disclosure of personal information\n\nFor the QPPs under the Information Privacy Act 2009 , the making of a dispute referral is, of itself, taken to be agreement by each party to their personal information relevant to the dispute—\nbeing used by the energy and water ombudsman or either party for a preliminary inquiry or investigation concerning the dispute; or\nbeing disclosed by the ombudsman to a party or from a party to the ombudsman for a purpose mentioned in paragraph (a) ; or\nif a party is required to disclose the information under section 24 (2) or 29 , being disclosed to the ombudsman.\nIn this section—\nparty means a party to the dispute referral.\ns 25A ins 2012 No. 1 s 81\namd 2023 No. 32 s 141 s ch 1 pt 2\n(sec.25A-ssec.1) For the QPPs under the Information Privacy Act 2009 , the making of a dispute referral is, of itself, taken to be agreement by each party to their personal information relevant to the dispute— being used by the energy and water ombudsman or either party for a preliminary inquiry or investigation concerning the dispute; or being disclosed by the ombudsman to a party or from a party to the ombudsman for a purpose mentioned in paragraph (a) ; or if a party is required to disclose the information under section 24 (2) or 29 , being disclosed to the ombudsman.\n(sec.25A-ssec.2) In this section— party means a party to the dispute referral.\n- (a) being used by the energy and water ombudsman or either party for a preliminary inquiry or investigation concerning the dispute; or\n- (b) being disclosed by the ombudsman to a party or from a party to the ombudsman for a purpose mentioned in paragraph (a) ; or\n- (c) if a party is required to disclose the information under section 24 (2) or 29 , being disclosed to the ombudsman.","sortOrder":42},{"sectionNumber":"sec.25B","sectionType":"section","heading":"Disclosure of customer identifying information","content":"### sec.25B Disclosure of customer identifying information\n\nThe making of a dispute referral by an eligible customer is, of itself, taken to be agreement by the customer to the customer’s customer identifying information being disclosed to a utility entity to the extent reasonably necessary for invoicing the utility entity for a user-pays fee.\ndisclosing the customer account number of an eligible customer to the utility entity to allow the entity to confirm that the account is held with the entity\nWithout limiting subsection (1) —\nthe making of a dispute referral by an eligible customer includes—\nthe purported or proposed making of a dispute referral by an eligible customer if the energy and water ombudsman advises the customer that, under section 19A (1) (c) , the customer can not make the dispute referral; and\nthe making of a dispute referral by an eligible customer even though the energy and water ombudsman refuses, under section 22 (1) (d) , to investigate the dispute referral or to continue the investigation of the dispute referral; and\nfor an eligible customer who is an individual, this section applies for any QPP under the Information Privacy Act 2009 .\ns 25B ins 2015 No. 26 s 11\namd 2023 No. 32 s 141 s ch 1 pt 2\n(sec.25B-ssec.1) The making of a dispute referral by an eligible customer is, of itself, taken to be agreement by the customer to the customer’s customer identifying information being disclosed to a utility entity to the extent reasonably necessary for invoicing the utility entity for a user-pays fee. disclosing the customer account number of an eligible customer to the utility entity to allow the entity to confirm that the account is held with the entity\n(sec.25B-ssec.2) Without limiting subsection (1) — the making of a dispute referral by an eligible customer includes— the purported or proposed making of a dispute referral by an eligible customer if the energy and water ombudsman advises the customer that, under section 19A (1) (c) , the customer can not make the dispute referral; and the making of a dispute referral by an eligible customer even though the energy and water ombudsman refuses, under section 22 (1) (d) , to investigate the dispute referral or to continue the investigation of the dispute referral; and for an eligible customer who is an individual, this section applies for any QPP under the Information Privacy Act 2009 .\n- (a) the making of a dispute referral by an eligible customer includes— (i) the purported or proposed making of a dispute referral by an eligible customer if the energy and water ombudsman advises the customer that, under section 19A (1) (c) , the customer can not make the dispute referral; and (ii) the making of a dispute referral by an eligible customer even though the energy and water ombudsman refuses, under section 22 (1) (d) , to investigate the dispute referral or to continue the investigation of the dispute referral; and\n- (i) the purported or proposed making of a dispute referral by an eligible customer if the energy and water ombudsman advises the customer that, under section 19A (1) (c) , the customer can not make the dispute referral; and\n- (ii) the making of a dispute referral by an eligible customer even though the energy and water ombudsman refuses, under section 22 (1) (d) , to investigate the dispute referral or to continue the investigation of the dispute referral; and\n- (b) for an eligible customer who is an individual, this section applies for any QPP under the Information Privacy Act 2009 .\n- (i) the purported or proposed making of a dispute referral by an eligible customer if the energy and water ombudsman advises the customer that, under section 19A (1) (c) , the customer can not make the dispute referral; and\n- (ii) the making of a dispute referral by an eligible customer even though the energy and water ombudsman refuses, under section 22 (1) (d) , to investigate the dispute referral or to continue the investigation of the dispute referral; and","sortOrder":43},{"sectionNumber":"pt.4","sectionType":"part","heading":"Investigations","content":"# Investigations","sortOrder":44},{"sectionNumber":"sec.26","sectionType":"section","heading":"Notice of investigation","content":"### sec.26 Notice of investigation\n\nOn the making of a dispute referral, the energy and water ombudsman must, as soon as reasonably practicable, give a notice (an investigation notice ) to the other party of—\nthe subject of the relevant dispute; and\ndetails of the referrer that the energy and water ombudsman considers appropriate; and\nwhen the energy and water ombudsman proposes to start to investigate the dispute unless the dispute referral has been withdrawn before that time.\nHowever, an investigation notice need not be given if the dispute referral has been withdrawn.\nAn investigation notice may be oral or written.\nHowever if oral notice is given, the energy and water ombudsman must confirm it by written notice given within a reasonable period after the giving of the oral notice.\nThis section is subject to section 22 .\ns 26 amd 2010 No. 53 s 3 sch 1\n(sec.26-ssec.1) On the making of a dispute referral, the energy and water ombudsman must, as soon as reasonably practicable, give a notice (an investigation notice ) to the other party of— the subject of the relevant dispute; and details of the referrer that the energy and water ombudsman considers appropriate; and when the energy and water ombudsman proposes to start to investigate the dispute unless the dispute referral has been withdrawn before that time.\n(sec.26-ssec.2) However, an investigation notice need not be given if the dispute referral has been withdrawn.\n(sec.26-ssec.3) An investigation notice may be oral or written.\n(sec.26-ssec.4) However if oral notice is given, the energy and water ombudsman must confirm it by written notice given within a reasonable period after the giving of the oral notice.\n(sec.26-ssec.5) This section is subject to section 22 .\n- (a) the subject of the relevant dispute; and\n- (b) details of the referrer that the energy and water ombudsman considers appropriate; and\n- (c) when the energy and water ombudsman proposes to start to investigate the dispute unless the dispute referral has been withdrawn before that time.","sortOrder":45},{"sectionNumber":"sec.27","sectionType":"section","heading":"When investigation starts","content":"### sec.27 When investigation starts\n\nAn investigation into a dispute referral starts if—\nthe energy and water ombudsman has given an investigation notice for the dispute referral; and\nthe dispute referral has not been withdrawn by the time stated in the investigation notice as the time when the energy and water ombudsman proposes to start the investigation.\ns 27 amd 2010 No. 53 s 3 sch 1\n- (a) the energy and water ombudsman has given an investigation notice for the dispute referral; and\n- (b) the dispute referral has not been withdrawn by the time stated in the investigation notice as the time when the energy and water ombudsman proposes to start the investigation.","sortOrder":46},{"sectionNumber":"sec.28","sectionType":"section","heading":"Investigation procedure","content":"### sec.28 Investigation procedure\n\nUnless this Act otherwise provides, the energy and water ombudsman may regulate the procedure for an investigation in the way the ombudsman considers appropriate.\nHowever, if practicable, the procedure must be one that uses mediation or negotiation to attempt to resolve the dispute before the investigation is finished.\nThe energy and water ombudsman, when carrying out an investigation—\nis not bound by the rules of evidence, but must comply with natural justice; and\nmay, but is not required to, hold a hearing for the investigation; and\nmay obtain documents or information that is, are or may be relevant to the investigation, from the persons, and in the way, the energy and water ombudsman considers appropriate; and\nmay make the inquiries the energy and water ombudsman considers appropriate; and\nmust act in a way that is fair, reasonable, just, informal and timely, and maintains confidentiality; and\nmust act in accordance with practice that, among persons who under laws of other States perform functions similar to those of the energy and water ombudsman, is accepted as being good practice for performance of the functions.\nDespite subsection (3) (c) , the energy and water ombudsman can only require the relevant entity to give documents or information by complying with section 29 .\nThe energy and water ombudsman must develop and make guidelines on procedures to be followed for dispute referrals and investigations.\nHowever, before making or amending the guidelines, the energy and water ombudsman must consult with the advisory council.\ns 28 amd 2010 No. 53 s 3 sch 1\n(sec.28-ssec.1) Unless this Act otherwise provides, the energy and water ombudsman may regulate the procedure for an investigation in the way the ombudsman considers appropriate.\n(sec.28-ssec.2) However, if practicable, the procedure must be one that uses mediation or negotiation to attempt to resolve the dispute before the investigation is finished.\n(sec.28-ssec.3) The energy and water ombudsman, when carrying out an investigation— is not bound by the rules of evidence, but must comply with natural justice; and may, but is not required to, hold a hearing for the investigation; and may obtain documents or information that is, are or may be relevant to the investigation, from the persons, and in the way, the energy and water ombudsman considers appropriate; and may make the inquiries the energy and water ombudsman considers appropriate; and must act in a way that is fair, reasonable, just, informal and timely, and maintains confidentiality; and must act in accordance with practice that, among persons who under laws of other States perform functions similar to those of the energy and water ombudsman, is accepted as being good practice for performance of the functions.\n(sec.28-ssec.4) Despite subsection (3) (c) , the energy and water ombudsman can only require the relevant entity to give documents or information by complying with section 29 .\n(sec.28-ssec.5) The energy and water ombudsman must develop and make guidelines on procedures to be followed for dispute referrals and investigations.\n(sec.28-ssec.6) However, before making or amending the guidelines, the energy and water ombudsman must consult with the advisory council.\n- (a) is not bound by the rules of evidence, but must comply with natural justice; and\n- (b) may, but is not required to, hold a hearing for the investigation; and\n- (c) may obtain documents or information that is, are or may be relevant to the investigation, from the persons, and in the way, the energy and water ombudsman considers appropriate; and\n- (d) may make the inquiries the energy and water ombudsman considers appropriate; and\n- (e) must act in a way that is fair, reasonable, just, informal and timely, and maintains confidentiality; and\n- (f) must act in accordance with practice that, among persons who under laws of other States perform functions similar to those of the energy and water ombudsman, is accepted as being good practice for performance of the functions.","sortOrder":47},{"sectionNumber":"sec.29","sectionType":"section","heading":"Power to require particular documents or information from relevant entity","content":"### sec.29 Power to require particular documents or information from relevant entity\n\nIf an investigation into a dispute referral has started, the energy and water ombudsman may, by written notice, require the relevant entity to give the ombudsman—\nstated documents or information (the relevant material ), or stated types of documents or information (also the relevant material ), in its custody, possession or power that is, are, or may be relevant to the investigation; or\naccess to the relevant material.\nThe notice must state a reasonable period to comply with the requirement.\nThe relevant entity must comply with the notice, unless—\nthe relevant material is not in its custody, its possession and its power; or\nthe relevant material is in someone else’s custody and—\nit has made reasonable endeavours to obtain the relevant material from the other person; and\nthe other person has not given it to the entity; or\ncomplying with the notice would place the relevant entity in contravention of a law; or\nthe requirement relates to someone else’s confidential information and the other person has refused to consent to it being disclosed to the energy and water ombudsman despite the relevant entity’s reasonable efforts to obtain the consent.\nMaximum penalty—100 penalty units.\nTo remove any doubt, it is declared that it is not a defence to a proceeding under subsection (3) if—\nthe giving of the relevant material might tend to incriminate the relevant entity; or\nthe relevant material is confidential to the entity or that the giving of the relevant material might be to the detriment of the entity’s commercial or other interests.\nHowever, subsection (4) does not affect or otherwise limit sections 31 and 79 .\ns 29 amd 2010 No. 53 ss 22 , 3 sch 1\n(sec.29-ssec.1) If an investigation into a dispute referral has started, the energy and water ombudsman may, by written notice, require the relevant entity to give the ombudsman— stated documents or information (the relevant material ), or stated types of documents or information (also the relevant material ), in its custody, possession or power that is, are, or may be relevant to the investigation; or access to the relevant material.\n(sec.29-ssec.2) The notice must state a reasonable period to comply with the requirement.\n(sec.29-ssec.3) The relevant entity must comply with the notice, unless— the relevant material is not in its custody, its possession and its power; or the relevant material is in someone else’s custody and— it has made reasonable endeavours to obtain the relevant material from the other person; and the other person has not given it to the entity; or complying with the notice would place the relevant entity in contravention of a law; or the requirement relates to someone else’s confidential information and the other person has refused to consent to it being disclosed to the energy and water ombudsman despite the relevant entity’s reasonable efforts to obtain the consent. Maximum penalty—100 penalty units.\n(sec.29-ssec.4) To remove any doubt, it is declared that it is not a defence to a proceeding under subsection (3) if— the giving of the relevant material might tend to incriminate the relevant entity; or the relevant material is confidential to the entity or that the giving of the relevant material might be to the detriment of the entity’s commercial or other interests.\n(sec.29-ssec.5) However, subsection (4) does not affect or otherwise limit sections 31 and 79 .\n- (a) stated documents or information (the relevant material ), or stated types of documents or information (also the relevant material ), in its custody, possession or power that is, are, or may be relevant to the investigation; or\n- (b) access to the relevant material.\n- (a) the relevant material is not in its custody, its possession and its power; or\n- (b) the relevant material is in someone else’s custody and— (i) it has made reasonable endeavours to obtain the relevant material from the other person; and (ii) the other person has not given it to the entity; or\n- (i) it has made reasonable endeavours to obtain the relevant material from the other person; and\n- (ii) the other person has not given it to the entity; or\n- (c) complying with the notice would place the relevant entity in contravention of a law; or\n- (d) the requirement relates to someone else’s confidential information and the other person has refused to consent to it being disclosed to the energy and water ombudsman despite the relevant entity’s reasonable efforts to obtain the consent.\n- (i) it has made reasonable endeavours to obtain the relevant material from the other person; and\n- (ii) the other person has not given it to the entity; or\n- (a) the giving of the relevant material might tend to incriminate the relevant entity; or\n- (b) the relevant material is confidential to the entity or that the giving of the relevant material might be to the detriment of the entity’s commercial or other interests.","sortOrder":48},{"sectionNumber":"sec.30","sectionType":"section","heading":"Custody of documents given to energy and water ombudsman","content":"### sec.30 Custody of documents given to energy and water ombudsman\n\nIf a document or other thing is produced to the energy and water ombudsman for an investigation the energy and water ombudsman may—\nkeep it for a reasonable period to carry out the investigation; and\nfor a document—take extracts from or make copies of it.\nWhile the energy and water ombudsman has custody of the document or other thing, the ombudsman must allow it to be inspected at any reasonable time by a person who would have the right to inspect it if it were not in the ombudsman’s possession.\nSee also section 79 (Privacy).\ns 30 amd 2010 No. 53 s 3 sch 1\n(sec.30-ssec.1) If a document or other thing is produced to the energy and water ombudsman for an investigation the energy and water ombudsman may— keep it for a reasonable period to carry out the investigation; and for a document—take extracts from or make copies of it.\n(sec.30-ssec.2) While the energy and water ombudsman has custody of the document or other thing, the ombudsman must allow it to be inspected at any reasonable time by a person who would have the right to inspect it if it were not in the ombudsman’s possession. See also section 79 (Privacy).\n- (a) keep it for a reasonable period to carry out the investigation; and\n- (b) for a document—take extracts from or make copies of it.","sortOrder":49},{"sectionNumber":"sec.31","sectionType":"section","heading":"Restriction on disclosing relevant entity’s confidential information","content":"### sec.31 Restriction on disclosing relevant entity’s confidential information\n\nThis section applies if the relevant entity has given the energy and water ombudsman information for a preliminary inquiry about, or an investigation into, a dispute referral.\nThe entity may tell the energy and water ombudsman that it believes the information is confidential or that disclosing the information might be to the detriment of its commercial interests.\nThe energy and water ombudsman must, acting reasonably, decide whether the ombudsman considers the belief is justified.\nIf the decision is that the belief is justified, the energy and water ombudsman must not use or disclose the information other than by divulging or communicating it as mentioned in section 79 (3) .\nIf the decision is that the belief is not justified, the ombudsman may use or disclose the information only—\nas mentioned in section 79 (3) ; or\nfor disclosure—if the disclosure is to the other party.\nHowever, before disclosing the information to anyone other than an energy and water ombudsman officer, the energy and water ombudsman must give the entity reasonable written notice of the proposed disclosure.\nThe energy and water ombudsman can not use or disclose the information other than as permitted under this section.\nThis section does not limit or otherwise affect section 79 or 80 .\nIn this section—\ninformation includes a document.\ns 31 amd 2010 No. 53 s 3 sch 1\n(sec.31-ssec.1) This section applies if the relevant entity has given the energy and water ombudsman information for a preliminary inquiry about, or an investigation into, a dispute referral.\n(sec.31-ssec.2) The entity may tell the energy and water ombudsman that it believes the information is confidential or that disclosing the information might be to the detriment of its commercial interests.\n(sec.31-ssec.3) The energy and water ombudsman must, acting reasonably, decide whether the ombudsman considers the belief is justified.\n(sec.31-ssec.4) If the decision is that the belief is justified, the energy and water ombudsman must not use or disclose the information other than by divulging or communicating it as mentioned in section 79 (3) .\n(sec.31-ssec.5) If the decision is that the belief is not justified, the ombudsman may use or disclose the information only— as mentioned in section 79 (3) ; or for disclosure—if the disclosure is to the other party.\n(sec.31-ssec.6) However, before disclosing the information to anyone other than an energy and water ombudsman officer, the energy and water ombudsman must give the entity reasonable written notice of the proposed disclosure.\n(sec.31-ssec.7) The energy and water ombudsman can not use or disclose the information other than as permitted under this section.\n(sec.31-ssec.8) This section does not limit or otherwise affect section 79 or 80 .\n(sec.31-ssec.9) In this section— information includes a document.\n- (a) as mentioned in section 79 (3) ; or\n- (b) for disclosure—if the disclosure is to the other party.","sortOrder":50},{"sectionNumber":"sec.32","sectionType":"section","heading":"Interim orders","content":"### sec.32 Interim orders\n\nThe energy and water ombudsman may give the relevant entity an order that, until an investigation ends, it must do, not do or stop doing, a stated act concerning the relevant dispute.\nIf the dispute is about the amount alleged to be owing to—\nan energy entity by the other party, the order could be that, until the investigation ends, the energy entity must not send reminder notices about the disputed amount to the other party or disconnect, or restrict the provision of, an energy service to the other party; or\na water entity by the other party, the order could be that, until the investigation ends, the water entity must not send reminder notices about the disputed amount to the other party or restrict the provision of water services or wastewater services to the other party.\nHowever, the energy and water ombudsman may make the order only if the ombudsman considers it is fair and reasonable in the circumstances.\nThe relevant entity must comply with the order.\nMaximum penalty for subsection (3) —100 penalty units.\ns 32 amd 2010 No. 53 ss 23 , 3 sch 1\n(sec.32-ssec.1) The energy and water ombudsman may give the relevant entity an order that, until an investigation ends, it must do, not do or stop doing, a stated act concerning the relevant dispute. If the dispute is about the amount alleged to be owing to— an energy entity by the other party, the order could be that, until the investigation ends, the energy entity must not send reminder notices about the disputed amount to the other party or disconnect, or restrict the provision of, an energy service to the other party; or a water entity by the other party, the order could be that, until the investigation ends, the water entity must not send reminder notices about the disputed amount to the other party or restrict the provision of water services or wastewater services to the other party.\n(sec.32-ssec.2) However, the energy and water ombudsman may make the order only if the ombudsman considers it is fair and reasonable in the circumstances.\n(sec.32-ssec.3) The relevant entity must comply with the order. Maximum penalty for subsection (3) —100 penalty units.\n- (a) an energy entity by the other party, the order could be that, until the investigation ends, the energy entity must not send reminder notices about the disputed amount to the other party or disconnect, or restrict the provision of, an energy service to the other party; or\n- (b) a water entity by the other party, the order could be that, until the investigation ends, the water entity must not send reminder notices about the disputed amount to the other party or restrict the provision of water services or wastewater services to the other party.","sortOrder":51},{"sectionNumber":"sec.33","sectionType":"section","heading":"Proceedings after investigation starts","content":"### sec.33 Proceedings after investigation starts\n\nThis section applies if the energy and water ombudsman has started an investigation into a dispute referral.\nThe non-entity party is not prevented from starting a proceeding about the relevant dispute.\nHowever, if the non-entity party starts a proceeding about the relevant dispute, the investigation ends.\nThe following are not justiciable in a proceeding, other than under the Judicial Review Act 1991 , at the instigation of the relevant entity—\nthe subject of the relevant dispute;\nany issue that emerges in the course of the investigation.\ns 33 amd 2010 No. 53 s 3 sch 1\n(sec.33-ssec.1) This section applies if the energy and water ombudsman has started an investigation into a dispute referral.\n(sec.33-ssec.2) The non-entity party is not prevented from starting a proceeding about the relevant dispute.\n(sec.33-ssec.3) However, if the non-entity party starts a proceeding about the relevant dispute, the investigation ends.\n(sec.33-ssec.4) The following are not justiciable in a proceeding, other than under the Judicial Review Act 1991 , at the instigation of the relevant entity— the subject of the relevant dispute; any issue that emerges in the course of the investigation.\n- (a) the subject of the relevant dispute;\n- (b) any issue that emerges in the course of the investigation.","sortOrder":52},{"sectionNumber":"pt.5","sectionType":"part","heading":"Action following investigation","content":"# Action following investigation","sortOrder":53},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"Resolving dispute","content":"## Resolving dispute","sortOrder":54},{"sectionNumber":"sec.34","sectionType":"section","heading":"Decision","content":"### sec.34 Decision\n\nThis section applies for an investigation into a dispute referral unless—\nthe investigation has ended under section 22 (1) or 33 (3) ; or\nthe dispute referral has been withdrawn; or\nagreement has been reached between the parties under which the relevant dispute has been resolved.\nAfter finishing the investigation, the energy and water ombudsman may decide to make, or refuse to make, an order (a final order ) in favour of the non-entity party.\ns 34 amd 2010 No. 53 s 3 sch 1\n(sec.34-ssec.1) This section applies for an investigation into a dispute referral unless— the investigation has ended under section 22 (1) or 33 (3) ; or the dispute referral has been withdrawn; or agreement has been reached between the parties under which the relevant dispute has been resolved.\n(sec.34-ssec.2) After finishing the investigation, the energy and water ombudsman may decide to make, or refuse to make, an order (a final order ) in favour of the non-entity party.\n- (a) the investigation has ended under section 22 (1) or 33 (3) ; or\n- (b) the dispute referral has been withdrawn; or\n- (c) agreement has been reached between the parties under which the relevant dispute has been resolved.","sortOrder":55},{"sectionNumber":"sec.35","sectionType":"section","heading":"Final orders that may be made","content":"### sec.35 Final orders that may be made\n\nA final order may order the relevant entity to do all or any of the following as it relates to the subject of the relevant dispute—\npay compensation to the non-entity party;\nprovide the non-entity party with stated goods or services under the relevant energy Act or the customer water and wastewater code;\namend, or not impose, a stated charge for stated services under the relevant energy Act or the customer water and wastewater code;\nperform corrective action or work;\ncorrect, delete from or add to a stated record;\nadd to a stated record a statement provided by the non-entity party of a correction, deletion or addition sought by the non-entity party;\nto do, or not to do or stop doing, a stated act.\nAlso, without limiting subsection (1) , if the subject of the relevant dispute relates to an energy Act function, the energy and water ombudsman may make an order ending a negotiated contract between the parties.\nHowever, subsection (2) applies only if the energy and water ombudsman considers the relevant entity’s conduct in the formation of the contract was unconscionable, unfair, misleading or deceptive.\ncoercion by or for the relevant entity in the formation of the contract\nThis section is subject to sections 36 and 37 .\ns 35 amd 2010 No. 53 ss 24 , 3 sch 1\n(sec.35-ssec.1) A final order may order the relevant entity to do all or any of the following as it relates to the subject of the relevant dispute— pay compensation to the non-entity party; provide the non-entity party with stated goods or services under the relevant energy Act or the customer water and wastewater code; amend, or not impose, a stated charge for stated services under the relevant energy Act or the customer water and wastewater code; perform corrective action or work; correct, delete from or add to a stated record; add to a stated record a statement provided by the non-entity party of a correction, deletion or addition sought by the non-entity party; to do, or not to do or stop doing, a stated act.\n(sec.35-ssec.2) Also, without limiting subsection (1) , if the subject of the relevant dispute relates to an energy Act function, the energy and water ombudsman may make an order ending a negotiated contract between the parties.\n(sec.35-ssec.3) However, subsection (2) applies only if the energy and water ombudsman considers the relevant entity’s conduct in the formation of the contract was unconscionable, unfair, misleading or deceptive. coercion by or for the relevant entity in the formation of the contract\n(sec.35-ssec.4) This section is subject to sections 36 and 37 .\n- (a) pay compensation to the non-entity party;\n- (b) provide the non-entity party with stated goods or services under the relevant energy Act or the customer water and wastewater code;\n- (c) amend, or not impose, a stated charge for stated services under the relevant energy Act or the customer water and wastewater code;\n- (d) perform corrective action or work;\n- (e) correct, delete from or add to a stated record;\n- (f) add to a stated record a statement provided by the non-entity party of a correction, deletion or addition sought by the non-entity party;\n- (g) to do, or not to do or stop doing, a stated act.","sortOrder":56},{"sectionNumber":"sec.36","sectionType":"section","heading":"Criteria for making final order","content":"### sec.36 Criteria for making final order\n\nIn making a final order, the energy and water ombudsman must consider—\nif the order relates to an energy entity function—\nthe purposes or objects of the relevant energy Act; and\nthe rights and obligations of the parties under any of the following—\nthe relevant energy Act;\na relevant industry code;\na relevant energy Act authority;\na contract between the parties; or\nif the order relates to a water entity function—\nthe purposes or objects of, and the rights and obligations of the parties under, the customer water and wastewater code; or\nthe rights and obligations of the parties under a contract between the parties.\ns 36 amd 2010 No. 53 ss 25 , 3 sch 1\n- (a) if the order relates to an energy entity function— (i) the purposes or objects of the relevant energy Act; and (ii) the rights and obligations of the parties under any of the following— (A) the relevant energy Act; (B) a relevant industry code; (C) a relevant energy Act authority; (D) a contract between the parties; or\n- (i) the purposes or objects of the relevant energy Act; and\n- (ii) the rights and obligations of the parties under any of the following— (A) the relevant energy Act; (B) a relevant industry code; (C) a relevant energy Act authority; (D) a contract between the parties; or\n- (A) the relevant energy Act;\n- (B) a relevant industry code;\n- (C) a relevant energy Act authority;\n- (D) a contract between the parties; or\n- (b) if the order relates to a water entity function— (i) the purposes or objects of, and the rights and obligations of the parties under, the customer water and wastewater code; or (ii) the rights and obligations of the parties under a contract between the parties.\n- (i) the purposes or objects of, and the rights and obligations of the parties under, the customer water and wastewater code; or\n- (ii) the rights and obligations of the parties under a contract between the parties.\n- (i) the purposes or objects of the relevant energy Act; and\n- (ii) the rights and obligations of the parties under any of the following— (A) the relevant energy Act; (B) a relevant industry code; (C) a relevant energy Act authority; (D) a contract between the parties; or\n- (A) the relevant energy Act;\n- (B) a relevant industry code;\n- (C) a relevant energy Act authority;\n- (D) a contract between the parties; or\n- (A) the relevant energy Act;\n- (B) a relevant industry code;\n- (C) a relevant energy Act authority;\n- (D) a contract between the parties; or\n- (i) the purposes or objects of, and the rights and obligations of the parties under, the customer water and wastewater code; or\n- (ii) the rights and obligations of the parties under a contract between the parties.","sortOrder":57},{"sectionNumber":"sec.37","sectionType":"section","heading":"Restrictions on final orders","content":"### sec.37 Restrictions on final orders\n\nA final order can not require the relevant entity to contravene an energy Act, an industry code, a relevant energy Act authority, the water legislation or a law of the Commonwealth or a State.\nIf an issue arises about whether a proposed final order complies with subsection (1) , the energy and water ombudsman may obtain legal advice on the issue and act on that advice.\nA final order can not require the relevant entity to incur costs or pay compensation of a total of more than—\nthe amount prescribed under a regulation; or\nif no amount is prescribed—\nif all of the parties have agreed to an amount of no more than $50,000—the agreed amount; or\notherwise—$20,000.\nA final order can not require any of the parties to pay costs of a dispute referral, preliminary inquiry or investigation.\nIn this section—\nwater legislation means each of the following—\nthe Water Act 2000 ;\nthe Water Supply (Safety and Reliability) Act 2008 ;\nthe South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 ;\nthe customer water and wastewater code.\ns 37 amd 2010 No. 53 ss 26 , 3 sch 1\n(sec.37-ssec.1) A final order can not require the relevant entity to contravene an energy Act, an industry code, a relevant energy Act authority, the water legislation or a law of the Commonwealth or a State.\n(sec.37-ssec.2) If an issue arises about whether a proposed final order complies with subsection (1) , the energy and water ombudsman may obtain legal advice on the issue and act on that advice.\n(sec.37-ssec.3) A final order can not require the relevant entity to incur costs or pay compensation of a total of more than— the amount prescribed under a regulation; or if no amount is prescribed— if all of the parties have agreed to an amount of no more than $50,000—the agreed amount; or otherwise—$20,000.\n(sec.37-ssec.4) A final order can not require any of the parties to pay costs of a dispute referral, preliminary inquiry or investigation.\n(sec.37-ssec.5) In this section— water legislation means each of the following— the Water Act 2000 ; the Water Supply (Safety and Reliability) Act 2008 ; the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 ; the customer water and wastewater code.\n- (a) the amount prescribed under a regulation; or\n- (b) if no amount is prescribed— (i) if all of the parties have agreed to an amount of no more than $50,000—the agreed amount; or (ii) otherwise—$20,000.\n- (i) if all of the parties have agreed to an amount of no more than $50,000—the agreed amount; or\n- (ii) otherwise—$20,000.\n- (i) if all of the parties have agreed to an amount of no more than $50,000—the agreed amount; or\n- (ii) otherwise—$20,000.\n- (a) the Water Act 2000 ;\n- (b) the Water Supply (Safety and Reliability) Act 2008 ;\n- (c) the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 ;\n- (d) the customer water and wastewater code.","sortOrder":58},{"sectionNumber":"sec.38","sectionType":"section","heading":"Notice of decision","content":"### sec.38 Notice of decision\n\nThe energy and water ombudsman must give the parties written notice (a decision notice ) of—\nthe ombudsman’s decision under section 34 ; and\nthe reasons for the decision.\nIf the decision is to make a final order, the decision notice must state that—\nthe non-entity party may, by written notice to the energy and water ombudsman, elect to accept or not to accept the order; and\na notice electing not to accept may be given only within 21 days after the non-entity party receives the decision notice; and\nif a notice electing not to accept is not given within the 21 days, the non-entity party is taken to have elected to accept the order and to be bound by it.\ns 38 amd 2010 No. 53 s 3 sch 1\n(sec.38-ssec.1) The energy and water ombudsman must give the parties written notice (a decision notice ) of— the ombudsman’s decision under section 34 ; and the reasons for the decision.\n(sec.38-ssec.2) If the decision is to make a final order, the decision notice must state that— the non-entity party may, by written notice to the energy and water ombudsman, elect to accept or not to accept the order; and a notice electing not to accept may be given only within 21 days after the non-entity party receives the decision notice; and if a notice electing not to accept is not given within the 21 days, the non-entity party is taken to have elected to accept the order and to be bound by it.\n- (a) the ombudsman’s decision under section 34 ; and\n- (b) the reasons for the decision.\n- (a) the non-entity party may, by written notice to the energy and water ombudsman, elect to accept or not to accept the order; and\n- (b) a notice electing not to accept may be given only within 21 days after the non-entity party receives the decision notice; and\n- (c) if a notice electing not to accept is not given within the 21 days, the non-entity party is taken to have elected to accept the order and to be bound by it.","sortOrder":59},{"sectionNumber":"sec.39","sectionType":"section","heading":"Restriction on including confidential information in decision notice","content":"### sec.39 Restriction on including confidential information in decision notice\n\nThis section applies for a decision notice for a dispute referral if—\nthe relevant entity has given the energy and water ombudsman information for a preliminary inquiry about, or an investigation into, the relevant dispute; and\nthe energy and water ombudsman relied on the information to decide the dispute referral; and\nthe energy and water ombudsman considers the information is confidential and that disclosing the information might be to the detriment of its commercial interests.\nThe energy and water ombudsman must, in giving reasons for the decision, state that the ombudsman has relied on confidential information given by the relevant entity, without disclosing what the information is.\nIn this section—\ninformation includes a document.\ns 39 amd 2010 No. 53 s 3 sch 1\n(sec.39-ssec.1) This section applies for a decision notice for a dispute referral if— the relevant entity has given the energy and water ombudsman information for a preliminary inquiry about, or an investigation into, the relevant dispute; and the energy and water ombudsman relied on the information to decide the dispute referral; and the energy and water ombudsman considers the information is confidential and that disclosing the information might be to the detriment of its commercial interests.\n(sec.39-ssec.2) The energy and water ombudsman must, in giving reasons for the decision, state that the ombudsman has relied on confidential information given by the relevant entity, without disclosing what the information is.\n(sec.39-ssec.3) In this section— information includes a document.\n- (a) the relevant entity has given the energy and water ombudsman information for a preliminary inquiry about, or an investigation into, the relevant dispute; and\n- (b) the energy and water ombudsman relied on the information to decide the dispute referral; and\n- (c) the energy and water ombudsman considers the information is confidential and that disclosing the information might be to the detriment of its commercial interests.","sortOrder":60},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"Acceptance of final order by non-entity party","content":"## Acceptance of final order by non-entity party","sortOrder":61},{"sectionNumber":"sec.40","sectionType":"section","heading":"Election to accept or not to accept","content":"### sec.40 Election to accept or not to accept\n\nThe non-entity party may, by written notice ( election notice ) to the energy and water ombudsman, elect to accept or not to accept a final order.\nAn election notice may be given only within 21 days after the non-entity party receives a decision notice about the order.\nIf, under an election notice, the election is not to accept the order, the order stops having effect.\nIf an election notice is not given within the 21 days, the non-entity party is taken to have elected to accept the order and to be bound by it.\nThe energy and water ombudsman must, as soon as practicable, give the relevant entity a written notice about whether or not the order has been accepted.\ns 40 amd 2010 No. 53 s 3 sch 1\n(sec.40-ssec.1) The non-entity party may, by written notice ( election notice ) to the energy and water ombudsman, elect to accept or not to accept a final order.\n(sec.40-ssec.2) An election notice may be given only within 21 days after the non-entity party receives a decision notice about the order.\n(sec.40-ssec.3) If, under an election notice, the election is not to accept the order, the order stops having effect.\n(sec.40-ssec.4) If an election notice is not given within the 21 days, the non-entity party is taken to have elected to accept the order and to be bound by it.\n(sec.40-ssec.5) The energy and water ombudsman must, as soon as practicable, give the relevant entity a written notice about whether or not the order has been accepted.","sortOrder":62},{"sectionNumber":"sec.41","sectionType":"section","heading":"Effect of accepted order","content":"### sec.41 Effect of accepted order\n\nThis section applies only for an accepted order.\nThe accepted order—\nis final and conclusive; and\nbinds the parties for all matters that were the subject of the relevant dispute.\nSubject to the Judicial Review Act 1991 , the accepted order—\ncan not be challenged, appealed against, reviewed, quashed, set aside or called into question (whether by the Supreme Court, another court, a tribunal, an authority or a person) in any way; and\nis not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal, an authority or a person on any ground.\nThe parties can not start a proceeding about any of the matters.\nA court or tribunal must dismiss a proceeding started in contravention of subsection (3) or (4) .\nIn this section—\naccepted order includes an accepted order affected by jurisdictional error.\nproceeding does not include a proceeding under the Judicial Review Act 1991 .\ns 41 amd 2010 No. 53 s 27\n(sec.41-ssec.1) This section applies only for an accepted order.\n(sec.41-ssec.2) The accepted order— is final and conclusive; and binds the parties for all matters that were the subject of the relevant dispute.\n(sec.41-ssec.3) Subject to the Judicial Review Act 1991 , the accepted order— can not be challenged, appealed against, reviewed, quashed, set aside or called into question (whether by the Supreme Court, another court, a tribunal, an authority or a person) in any way; and is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal, an authority or a person on any ground.\n(sec.41-ssec.4) The parties can not start a proceeding about any of the matters.\n(sec.41-ssec.5) A court or tribunal must dismiss a proceeding started in contravention of subsection (3) or (4) .\n(sec.41-ssec.6) In this section— accepted order includes an accepted order affected by jurisdictional error. proceeding does not include a proceeding under the Judicial Review Act 1991 .\n- (a) is final and conclusive; and\n- (b) binds the parties for all matters that were the subject of the relevant dispute.\n- (a) can not be challenged, appealed against, reviewed, quashed, set aside or called into question (whether by the Supreme Court, another court, a tribunal, an authority or a person) in any way; and\n- (b) is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal, an authority or a person on any ground.","sortOrder":63},{"sectionNumber":"pt.5-div.3","sectionType":"division","heading":"Enforcement of final orders","content":"## Enforcement of final orders","sortOrder":64},{"sectionNumber":"sec.42","sectionType":"section","heading":"How final order for an amount may be enforced","content":"### sec.42 How final order for an amount may be enforced\n\nThis section applies to an accepted order that provides that the relevant entity must pay a stated amount to the non-entity party.\nThe non-entity party may file the order in a Magistrates Court.\nThe energy and water ombudsman may do the filing for the non-entity party.\nOnce filed, the order is taken to be a judgment of that court for the stated amount in favour of the non-entity party, against the relevant entity.\ns 42 amd 2010 No. 53 s 3 sch 1\n(sec.42-ssec.1) This section applies to an accepted order that provides that the relevant entity must pay a stated amount to the non-entity party.\n(sec.42-ssec.2) The non-entity party may file the order in a Magistrates Court.\n(sec.42-ssec.3) The energy and water ombudsman may do the filing for the non-entity party.\n(sec.42-ssec.4) Once filed, the order is taken to be a judgment of that court for the stated amount in favour of the non-entity party, against the relevant entity.","sortOrder":65},{"sectionNumber":"sec.43","sectionType":"section","heading":"Non-entity party’s duty to allow relevant entity to comply with particular accepted orders","content":"### sec.43 Non-entity party’s duty to allow relevant entity to comply with particular accepted orders\n\nThe non-entity party must do anything that is both necessary and reasonable to allow the relevant entity to comply with an accepted order.","sortOrder":66},{"sectionNumber":"sec.44","sectionType":"section","heading":"Inquiry and directions about failure to comply with duty","content":"### sec.44 Inquiry and directions about failure to comply with duty\n\nThis section applies if the non-entity party does not comply with the duty under section 43 for an accepted order.\nThe relevant entity may give the energy and water ombudsman a written report about the contravention.\nThe entity must give the non-entity party a copy of the report as soon as practicable after it is given to the energy and water ombudsman.\nOn receiving the report, the energy and water ombudsman may investigate the matter and give the non-entity party and the relevant entity written directions ( compliance directions ) that the ombudsman considers are appropriate to allow the entity to comply with the order.\nHowever, the energy and water ombudsman must not give compliance directions unless the non-entity party and the relevant entity have been given a reasonable opportunity to give the ombudsman oral or written submissions about the matter and the proposed directions.\nFor subsections (4) and (5) , part 4 applies, with necessary changes, to the investigation as if it were an investigation that had started.\ns 44 amd 2010 No. 53 s 3 sch 1\n(sec.44-ssec.1) This section applies if the non-entity party does not comply with the duty under section 43 for an accepted order.\n(sec.44-ssec.2) The relevant entity may give the energy and water ombudsman a written report about the contravention.\n(sec.44-ssec.3) The entity must give the non-entity party a copy of the report as soon as practicable after it is given to the energy and water ombudsman.\n(sec.44-ssec.4) On receiving the report, the energy and water ombudsman may investigate the matter and give the non-entity party and the relevant entity written directions ( compliance directions ) that the ombudsman considers are appropriate to allow the entity to comply with the order.\n(sec.44-ssec.5) However, the energy and water ombudsman must not give compliance directions unless the non-entity party and the relevant entity have been given a reasonable opportunity to give the ombudsman oral or written submissions about the matter and the proposed directions.\n(sec.44-ssec.6) For subsections (4) and (5) , part 4 applies, with necessary changes, to the investigation as if it were an investigation that had started.","sortOrder":67},{"sectionNumber":"sec.45","sectionType":"section","heading":"Failure of non-entity party to comply with compliance directions","content":"### sec.45 Failure of non-entity party to comply with compliance directions\n\nThis section applies if the non-entity party does not comply with compliance directions for an accepted order within a reasonable period after they are given.\nThe energy and water ombudsman may, by written notice to the non-entity party and the relevant entity, declare that the entity has complied with the accepted order.\nThe declaration binds the non-entity party.\ns 45 amd 2010 No. 53 s 3 sch 1\n(sec.45-ssec.1) This section applies if the non-entity party does not comply with compliance directions for an accepted order within a reasonable period after they are given.\n(sec.45-ssec.2) The energy and water ombudsman may, by written notice to the non-entity party and the relevant entity, declare that the entity has complied with the accepted order.\n(sec.45-ssec.3) The declaration binds the non-entity party.","sortOrder":68},{"sectionNumber":"sec.46","sectionType":"section","heading":"Failure by relevant entity to comply with accepted order or compliance directions","content":"### sec.46 Failure by relevant entity to comply with accepted order or compliance directions\n\nThe relevant entity must comply with compliance directions given for an accepted order.\nMaximum penalty—100 penalty units.\nWithout limiting subsection (1) , subsection (3) applies if the relevant entity does not comply with an accepted order or compliance directions of which it has had notice and the relevant entity is not a water entity.\nThe energy and water ombudsman or the non-entity party may, by written notice, refer the noncompliance to the regulator under the energy Act under which the relevant entity is performing energy entity functions.\nWithout limiting subsection (1) , subsection (5) applies if the relevant entity does not comply with an accepted order or compliance directions of which it has had notice and the relevant entity is a water entity.\nThe energy and water ombudsman or the non-entity party may, by written notice, refer the noncompliance to the regulator under the Water Supply (Safety and Reliability) Act 2008 , section 10 .\ns 46 amd 2010 No. 53 ss 28 , 3 sch 1 ; 2012 No. 39 s 102 sch pt 2 ; 2014 No. 48 s 103\n(sec.46-ssec.1) The relevant entity must comply with compliance directions given for an accepted order. Maximum penalty—100 penalty units.\n(sec.46-ssec.2) Without limiting subsection (1) , subsection (3) applies if the relevant entity does not comply with an accepted order or compliance directions of which it has had notice and the relevant entity is not a water entity.\n(sec.46-ssec.3) The energy and water ombudsman or the non-entity party may, by written notice, refer the noncompliance to the regulator under the energy Act under which the relevant entity is performing energy entity functions.\n(sec.46-ssec.4) Without limiting subsection (1) , subsection (5) applies if the relevant entity does not comply with an accepted order or compliance directions of which it has had notice and the relevant entity is a water entity.\n(sec.46-ssec.5) The energy and water ombudsman or the non-entity party may, by written notice, refer the noncompliance to the regulator under the Water Supply (Safety and Reliability) Act 2008 , section 10 .","sortOrder":69},{"sectionNumber":"pt.5-div.4","sectionType":"division","heading":"Miscellaneous provision","content":"## Miscellaneous provision","sortOrder":70},{"sectionNumber":"sec.47","sectionType":"section","heading":"Dismissal or non-acceptance does not affect other proceedings","content":"### sec.47 Dismissal or non-acceptance does not affect other proceedings\n\nThis section applies if—\nunder section 34 , the energy and water ombudsman decides to refuse to make a final order; or\na non-entity party elects, under section 40 , not to accept a final order.\nThe decision or election does not stop a proceeding from being started that relates to the subject of the relevant dispute.\ns 47 amd 2010 No. 53 s 3 sch 1\n(sec.47-ssec.1) This section applies if— under section 34 , the energy and water ombudsman decides to refuse to make a final order; or a non-entity party elects, under section 40 , not to accept a final order.\n(sec.47-ssec.2) The decision or election does not stop a proceeding from being started that relates to the subject of the relevant dispute.\n- (a) under section 34 , the energy and water ombudsman decides to refuse to make a final order; or\n- (b) a non-entity party elects, under section 40 , not to accept a final order.","sortOrder":71},{"sectionNumber":"pt.6","sectionType":"part","heading":"Advisory council","content":"# Advisory council","sortOrder":72},{"sectionNumber":"sec.48","sectionType":"section","heading":"Establishment","content":"### sec.48 Establishment\n\nAn advisory council is established.","sortOrder":73},{"sectionNumber":"sec.49","sectionType":"section","heading":"Functions","content":"### sec.49 Functions\n\nThe advisory council’s functions are to—\nmonitor the energy and water ombudsman’s independence; and\nadvise the energy and water ombudsman on the following—\npolicy and procedural issues relating to this Act;\nthe operation of this Act for eligible customers and relevant occupiers of land;\nthe development of guidelines under section 28 (5) ;\nthe preparation of budgets under section 74 , guidelines under section 75 and annual reports under section 77 ; and\nadvise the Minister on the funding of the energy and water ombudsman’s functions; and\nas soon as practicable after the end of each financial year, prepare and provide the Minister with advice about—\nmatters arising in relation to the energy and water ombudsman’s independence during the financial year; and\nmatters mentioned in subparagraphs (i) to (iv) of paragraph (b) arising during the financial year.\ns 49 amd 2010 No. 53 ss 29 , 3 sch 1\n- (a) monitor the energy and water ombudsman’s independence; and\n- (b) advise the energy and water ombudsman on the following— (i) policy and procedural issues relating to this Act; (ii) the operation of this Act for eligible customers and relevant occupiers of land; (iii) the development of guidelines under section 28 (5) ; (iv) the preparation of budgets under section 74 , guidelines under section 75 and annual reports under section 77 ; and\n- (i) policy and procedural issues relating to this Act;\n- (ii) the operation of this Act for eligible customers and relevant occupiers of land;\n- (iii) the development of guidelines under section 28 (5) ;\n- (iv) the preparation of budgets under section 74 , guidelines under section 75 and annual reports under section 77 ; and\n- (c) advise the Minister on the funding of the energy and water ombudsman’s functions; and\n- (d) as soon as practicable after the end of each financial year, prepare and provide the Minister with advice about— (i) matters arising in relation to the energy and water ombudsman’s independence during the financial year; and (ii) matters mentioned in subparagraphs (i) to (iv) of paragraph (b) arising during the financial year.\n- (i) matters arising in relation to the energy and water ombudsman’s independence during the financial year; and\n- (ii) matters mentioned in subparagraphs (i) to (iv) of paragraph (b) arising during the financial year.\n- (i) policy and procedural issues relating to this Act;\n- (ii) the operation of this Act for eligible customers and relevant occupiers of land;\n- (iii) the development of guidelines under section 28 (5) ;\n- (iv) the preparation of budgets under section 74 , guidelines under section 75 and annual reports under section 77 ; and\n- (i) matters arising in relation to the energy and water ombudsman’s independence during the financial year; and\n- (ii) matters mentioned in subparagraphs (i) to (iv) of paragraph (b) arising during the financial year.","sortOrder":74},{"sectionNumber":"sec.50","sectionType":"section","heading":"Appointment","content":"### sec.50 Appointment\n\nThe advisory council consists of a chairperson and at least 6 other members appointed by the Minister.\nThe chairperson must be independent of the interests of scheme participants or non-entity parties.\nThe other members must consist of—\nmembers drawn from scheme participants who represent the interests of scheme participants ( industry members ); and\nan equal number of members drawn from groups who represent the interests of non-entity parties ( consumer members ).\nThe industry members must be appointed on the chairperson’s recommendation, after consultation with scheme participants.\nThe consumer members must be appointed on the chairperson’s recommendation, after consultation with consumer groups and community welfare organisations.\nAt least 2 of the industry members must represent the interests of retailers and at least 1 of the industry members must represent the interests of distributors.\nAt least 1 industry member must be a member who represents the interests of scheme participants that are water entities.\ns 50 amd 2010 No. 53 s 30\n(sec.50-ssec.1) The advisory council consists of a chairperson and at least 6 other members appointed by the Minister.\n(sec.50-ssec.2) The chairperson must be independent of the interests of scheme participants or non-entity parties.\n(sec.50-ssec.3) The other members must consist of— members drawn from scheme participants who represent the interests of scheme participants ( industry members ); and an equal number of members drawn from groups who represent the interests of non-entity parties ( consumer members ).\n(sec.50-ssec.4) The industry members must be appointed on the chairperson’s recommendation, after consultation with scheme participants.\n(sec.50-ssec.5) The consumer members must be appointed on the chairperson’s recommendation, after consultation with consumer groups and community welfare organisations.\n(sec.50-ssec.6) At least 2 of the industry members must represent the interests of retailers and at least 1 of the industry members must represent the interests of distributors.\n(sec.50-ssec.7) At least 1 industry member must be a member who represents the interests of scheme participants that are water entities.\n- (a) members drawn from scheme participants who represent the interests of scheme participants ( industry members ); and\n- (b) an equal number of members drawn from groups who represent the interests of non-entity parties ( consumer members ).","sortOrder":75},{"sectionNumber":"sec.50A","sectionType":"section","heading":"Chairperson","content":"### sec.50A Chairperson\n\nThe chairperson of the advisory council holds office for the term stated in the chairperson’s instrument of appointment.\nThe stated term must not be more than 5 years.\nThe chairperson may be reappointed.\nHowever, a person must not be reappointed if the total of the person’s terms of appointment would be more than 5 years.\ns 50A ins 2010 No. 53 s 31\n(sec.50A-ssec.1) The chairperson of the advisory council holds office for the term stated in the chairperson’s instrument of appointment.\n(sec.50A-ssec.2) The stated term must not be more than 5 years.\n(sec.50A-ssec.3) The chairperson may be reappointed.\n(sec.50A-ssec.4) However, a person must not be reappointed if the total of the person’s terms of appointment would be more than 5 years.","sortOrder":76},{"sectionNumber":"pt.7","sectionType":"part","heading":"Particular provisions about the energy and water ombudsman","content":"# Particular provisions about the energy and water ombudsman","sortOrder":77},{"sectionNumber":"sec.51","sectionType":"section","heading":"Appointment","content":"### sec.51 Appointment\n\nThe energy and water ombudsman is appointed by the Governor in Council.\nThe energy and water ombudsman is appointed under this Act and not the Public Sector Act 2022 .\ns 51 amd 2009 No. 25 s 83 sch ; 2010 No. 53 s 3 sch 1 ; 2022 No. 34 s 365 sch 3\n(sec.51-ssec.1) The energy and water ombudsman is appointed by the Governor in Council.\n(sec.51-ssec.2) The energy and water ombudsman is appointed under this Act and not the Public Sector Act 2022 .","sortOrder":78},{"sectionNumber":"sec.52","sectionType":"section","heading":"Term of appointment","content":"### sec.52 Term of appointment\n\nThe energy and water ombudsman holds office for the term stated in the ombudsman’s instrument of appointment.\nThe stated term must not be more than 5 years.\nThe energy and water ombudsman may be reappointed.\nHowever, a person must not be reappointed if the total of the person’s terms of appointment would be more than 10 years.\ns 52 amd 2010 No. 53 s 3 sch 1\n(sec.52-ssec.1) The energy and water ombudsman holds office for the term stated in the ombudsman’s instrument of appointment.\n(sec.52-ssec.2) The stated term must not be more than 5 years.\n(sec.52-ssec.3) The energy and water ombudsman may be reappointed.\n(sec.52-ssec.4) However, a person must not be reappointed if the total of the person’s terms of appointment would be more than 10 years.","sortOrder":79},{"sectionNumber":"sec.53","sectionType":"section","heading":"Remuneration and conditions","content":"### sec.53 Remuneration and conditions\n\nThe energy and water ombudsman is to be paid the remuneration and travelling and other allowances decided by the Governor in Council.\nThe remuneration must not be reduced during the energy and water ombudsman’s term of office without the ombudsman’s written consent.\nThe energy and water ombudsman is entitled to the leave of absence decided by the Governor in Council.\ns 53 amd 2010 No. 53 s 3 sch 1\n(sec.53-ssec.1) The energy and water ombudsman is to be paid the remuneration and travelling and other allowances decided by the Governor in Council.\n(sec.53-ssec.2) The remuneration must not be reduced during the energy and water ombudsman’s term of office without the ombudsman’s written consent.\n(sec.53-ssec.3) The energy and water ombudsman is entitled to the leave of absence decided by the Governor in Council.","sortOrder":80},{"sectionNumber":"sec.54","sectionType":"section","heading":"Restriction on outside employment","content":"### sec.54 Restriction on outside employment\n\nThe energy and water ombudsman must not, without the Minister’s prior approval in each particular case—\nhold any office of profit other than that of energy and water ombudsman; or\nengage in any remunerative employment or undertaking outside the duties of that office.\ns 54 amd 2010 No. 53 s 3 sch 1\n- (a) hold any office of profit other than that of energy and water ombudsman; or\n- (b) engage in any remunerative employment or undertaking outside the duties of that office.","sortOrder":81},{"sectionNumber":"sec.55","sectionType":"section","heading":"Resignation","content":"### sec.55 Resignation\n\nThe energy and water ombudsman may, at any time, resign office as energy and water ombudsman by signed written notice, addressed to the Governor in Council.\ns 55 amd 2010 No. 53 s 3 sch 1","sortOrder":82},{"sectionNumber":"sec.56","sectionType":"section","heading":"Acting energy and water ombudsman","content":"### sec.56 Acting energy and water ombudsman\n\nThe Governor in Council may appoint a person to act as energy and water ombudsman—\nduring a vacancy in the office; or\nduring any period, or during all periods, when the energy and water ombudsman is absent from duty or from the State or is, for another reason, unable to perform the duties of the office.\nHowever, the person can not be appointed for more than 6 months in any 12 month period.\nThe acting energy and water ombudsman is appointed under this Act and not the Public Sector Act 2022 .\nThe acting energy and water ombudsman is to be paid the remuneration and travelling and other allowances decided by the Governor in Council.\ns 56 amd 2009 No. 25 s 83 sch ; 2010 No. 53 s 3 sch 1 ; 2022 No. 34 s 365 sch 3\n(sec.56-ssec.1) The Governor in Council may appoint a person to act as energy and water ombudsman— during a vacancy in the office; or during any period, or during all periods, when the energy and water ombudsman is absent from duty or from the State or is, for another reason, unable to perform the duties of the office.\n(sec.56-ssec.2) However, the person can not be appointed for more than 6 months in any 12 month period.\n(sec.56-ssec.3) The acting energy and water ombudsman is appointed under this Act and not the Public Sector Act 2022 .\n(sec.56-ssec.4) The acting energy and water ombudsman is to be paid the remuneration and travelling and other allowances decided by the Governor in Council.\n- (a) during a vacancy in the office; or\n- (b) during any period, or during all periods, when the energy and water ombudsman is absent from duty or from the State or is, for another reason, unable to perform the duties of the office.","sortOrder":83},{"sectionNumber":"sec.57","sectionType":"section","heading":"Termination of appointment","content":"### sec.57 Termination of appointment\n\nThe Governor in Council may, on an address or resolution from the Legislative Assembly, terminate the appointment of the energy and water ombudsman if the ombudsman—\nis found guilty of an indictable offence; or\nbecomes incapable of performing the functions of the energy and water ombudsman because of physical or mental incapacity; or\nbecomes an insolvent under administration; or\nis guilty of misconduct of a type that could warrant dismissal from the public service if the energy and water ombudsman were an officer of the public service; or\ncontravenes section 54 .\nThe Acts Interpretation Act 1954 , section 25 (1) (b) (i) to (iii) does not apply for the energy and water ombudsman.\nIn this section—\ninsolvent under administration means—\na person who is an undischarged bankrupt under the Bankruptcy Act 1966 (Cwlth) or the provisions of a foreign law that correspond to that Act; or\na person who has executed a deed of arrangement under the Bankruptcy Act 1966 (Cwlth) , part X or the provisions of a foreign law that correspond to that Act, if the terms of the deed have not been fully complied with; or\na person whose creditors have accepted a composition under the Bankruptcy Act 1966 (Cwlth) , part X or the provisions of a foreign law that correspond to that Act, if a final payment has not been made under that composition; or\na person for whom a debt agreement has been made under the Bankruptcy Act 1966 (Cwlth) , part IX or the provisions of a foreign law that correspond to that Act, if the debt agreement has not ended or has not been terminated.\ns 57 amd 2010 No. 53 s 3 sch 1\n(sec.57-ssec.1) The Governor in Council may, on an address or resolution from the Legislative Assembly, terminate the appointment of the energy and water ombudsman if the ombudsman— is found guilty of an indictable offence; or becomes incapable of performing the functions of the energy and water ombudsman because of physical or mental incapacity; or becomes an insolvent under administration; or is guilty of misconduct of a type that could warrant dismissal from the public service if the energy and water ombudsman were an officer of the public service; or contravenes section 54 .\n(sec.57-ssec.2) The Acts Interpretation Act 1954 , section 25 (1) (b) (i) to (iii) does not apply for the energy and water ombudsman.\n(sec.57-ssec.3) In this section— insolvent under administration means— a person who is an undischarged bankrupt under the Bankruptcy Act 1966 (Cwlth) or the provisions of a foreign law that correspond to that Act; or a person who has executed a deed of arrangement under the Bankruptcy Act 1966 (Cwlth) , part X or the provisions of a foreign law that correspond to that Act, if the terms of the deed have not been fully complied with; or a person whose creditors have accepted a composition under the Bankruptcy Act 1966 (Cwlth) , part X or the provisions of a foreign law that correspond to that Act, if a final payment has not been made under that composition; or a person for whom a debt agreement has been made under the Bankruptcy Act 1966 (Cwlth) , part IX or the provisions of a foreign law that correspond to that Act, if the debt agreement has not ended or has not been terminated.\n- (a) is found guilty of an indictable offence; or\n- (b) becomes incapable of performing the functions of the energy and water ombudsman because of physical or mental incapacity; or\n- (c) becomes an insolvent under administration; or\n- (d) is guilty of misconduct of a type that could warrant dismissal from the public service if the energy and water ombudsman were an officer of the public service; or\n- (e) contravenes section 54 .\n- (a) a person who is an undischarged bankrupt under the Bankruptcy Act 1966 (Cwlth) or the provisions of a foreign law that correspond to that Act; or\n- (b) a person who has executed a deed of arrangement under the Bankruptcy Act 1966 (Cwlth) , part X or the provisions of a foreign law that correspond to that Act, if the terms of the deed have not been fully complied with; or\n- (c) a person whose creditors have accepted a composition under the Bankruptcy Act 1966 (Cwlth) , part X or the provisions of a foreign law that correspond to that Act, if a final payment has not been made under that composition; or\n- (d) a person for whom a debt agreement has been made under the Bankruptcy Act 1966 (Cwlth) , part IX or the provisions of a foreign law that correspond to that Act, if the debt agreement has not ended or has not been terminated.","sortOrder":84},{"sectionNumber":"sec.58","sectionType":"section","heading":"Preservation of rights","content":"### sec.58 Preservation of rights\n\nThis section applies if an officer of the public service is appointed as the energy and water ombudsman.\nThe person keeps all rights accrued or accruing to the person as an officer of the public service as if service as the energy and water ombudsman were a continuation of service as a public service officer.\nAt the end of the person’s term of office or resignation as the energy and water ombudsman—\nthe person has the right to be appointed to an office in the public service at a salary level no less than the current salary level of an office equivalent to the office the person held before being appointed as the energy and water ombudsman; and\nthe person’s service as the energy and water ombudsman is taken to be service of a like nature in the public service for deciding the person’s rights as an officer of the public service.\ns 58 amd 2010 No. 53 s 3 sch 1\n(sec.58-ssec.1) This section applies if an officer of the public service is appointed as the energy and water ombudsman.\n(sec.58-ssec.2) The person keeps all rights accrued or accruing to the person as an officer of the public service as if service as the energy and water ombudsman were a continuation of service as a public service officer.\n(sec.58-ssec.3) At the end of the person’s term of office or resignation as the energy and water ombudsman— the person has the right to be appointed to an office in the public service at a salary level no less than the current salary level of an office equivalent to the office the person held before being appointed as the energy and water ombudsman; and the person’s service as the energy and water ombudsman is taken to be service of a like nature in the public service for deciding the person’s rights as an officer of the public service.\n- (a) the person has the right to be appointed to an office in the public service at a salary level no less than the current salary level of an office equivalent to the office the person held before being appointed as the energy and water ombudsman; and\n- (b) the person’s service as the energy and water ombudsman is taken to be service of a like nature in the public service for deciding the person’s rights as an officer of the public service.","sortOrder":85},{"sectionNumber":"pt.8","sectionType":"part","heading":"Administration","content":"# Administration","sortOrder":86},{"sectionNumber":"pt.8-div.1","sectionType":"division","heading":"Energy and water ombudsman office","content":"## Energy and water ombudsman office","sortOrder":87},{"sectionNumber":"sec.59","sectionType":"section","heading":"Office of the Energy and Water Ombudsman","content":"### sec.59 Office of the Energy and Water Ombudsman\n\nAn office called the Office of the Energy and Water Ombudsman is established.\nThe office’s function is to help the energy and water ombudsman perform the ombudsman’s functions.\nThe office consists of the energy and water ombudsman and the officers of the energy and water ombudsman.\ns 59 amd 2010 No. 53 s 3 sch 1\n(sec.59-ssec.1) An office called the Office of the Energy and Water Ombudsman is established.\n(sec.59-ssec.2) The office’s function is to help the energy and water ombudsman perform the ombudsman’s functions.\n(sec.59-ssec.3) The office consists of the energy and water ombudsman and the officers of the energy and water ombudsman.","sortOrder":88},{"sectionNumber":"sec.60","sectionType":"section","heading":"Control of office","content":"### sec.60 Control of office\n\nThe energy and water ombudsman controls the energy and water ombudsman office.\nSubsection (1) does not prevent the attachment of the energy and water ombudsman office to a department to ensure the energy and water ombudsman office is supplied with the administrative support services it requires to perform its functions effectively and efficiently.\ns 60 amd 2010 No. 53 s 3 sch 1\n(sec.60-ssec.1) The energy and water ombudsman controls the energy and water ombudsman office.\n(sec.60-ssec.2) Subsection (1) does not prevent the attachment of the energy and water ombudsman office to a department to ensure the energy and water ombudsman office is supplied with the administrative support services it requires to perform its functions effectively and efficiently.","sortOrder":89},{"sectionNumber":"sec.61","sectionType":"section","heading":"Officers","content":"### sec.61 Officers\n\nEnergy and water ombudsman officers are appointed under the Public Sector Act 2022 and are officers of the public service.\ns 61 amd 2009 No. 25 s 83 sch ; 2010 No. 53 s 3 sch 1 ; 2022 No. 34 s 365 sch 3","sortOrder":90},{"sectionNumber":"sec.62","sectionType":"section","heading":"Officers not subject to outside direction","content":"### sec.62 Officers not subject to outside direction\n\nAn energy and water ombudsman officer is not subject to direction by any person, other than from within the energy and water ombudsman office, about—\nthe way the energy and water ombudsman’s powers for investigations are to be exercised; or\nthe priority given to investigations.\ns 62 amd 2010 No. 53 s 3 sch 1\n- (a) the way the energy and water ombudsman’s powers for investigations are to be exercised; or\n- (b) the priority given to investigations.","sortOrder":91},{"sectionNumber":"sec.63","sectionType":"section","heading":"Alternative staffing arrangements","content":"### sec.63 Alternative staffing arrangements\n\nThe energy and water ombudsman may arrange with the chief executive of a government agency for the services of staff, or for facilities, of the agency to be made available to the ombudsman.\ns 63 amd 2010 No. 53 s 3 sch 1","sortOrder":92},{"sectionNumber":"pt.8-div.2","sectionType":"division","heading":"Funding of energy and water ombudsman office","content":"## Funding of energy and water ombudsman office","sortOrder":93},{"sectionNumber":"sec.64","sectionType":"section","heading":"Scheme participation—energy entities","content":"### sec.64 Scheme participation—energy entities\n\nAn exempt seller, other than a prescribed energy entity, becomes a scheme participant only when it starts to sell energy to a relevant energy customer.\nA retailer becomes a scheme participant only when it enters into a contract for the provision of, or starts to provide, a customer retail service to a relevant energy customer.\nAny other type of energy entity becomes a scheme participant when it becomes an energy entity.\nIf an entity stops being an energy entity it continues to be a scheme participant for 12 months from when it stopped being an energy entity.\nTo remove any doubt, it is declared that cessation of scheme participation by an entity that was an energy entity does not affect an obligation to pay a fee under this Act or any other obligation under this Act that accrued before the cessation.\ns 64 amd 2010 No. 53 ss 32 , 3 sch 1 ; 2014 No. 48 s 104 ; 2015 No. 26 s 12 ; 2020 No. 14 s 22\n(sec.64-ssec.1) An exempt seller, other than a prescribed energy entity, becomes a scheme participant only when it starts to sell energy to a relevant energy customer.\n(sec.64-ssec.2) A retailer becomes a scheme participant only when it enters into a contract for the provision of, or starts to provide, a customer retail service to a relevant energy customer.\n(sec.64-ssec.3) Any other type of energy entity becomes a scheme participant when it becomes an energy entity.\n(sec.64-ssec.4) If an entity stops being an energy entity it continues to be a scheme participant for 12 months from when it stopped being an energy entity.\n(sec.64-ssec.5) To remove any doubt, it is declared that cessation of scheme participation by an entity that was an energy entity does not affect an obligation to pay a fee under this Act or any other obligation under this Act that accrued before the cessation.","sortOrder":94},{"sectionNumber":"sec.64A","sectionType":"section","heading":"Scheme participants—water entities","content":"### sec.64A Scheme participants—water entities\n\nA water entity is, or becomes, a scheme participant on or from—\nfor a distributor-retailer—1 January 2011; or\nfor a withdrawn council—1 July 2012.\ns 64A ins 2010 No. 53 s 33\nsub 2012 No. 1 s 82\n- (a) for a distributor-retailer—1 January 2011; or\n- (b) for a withdrawn council—1 July 2012.","sortOrder":95},{"sectionNumber":"sec.65","sectionType":"section","heading":"Annual fees","content":"### sec.65 Annual fees\n\nGenerally, performance of the energy and water ombudsman’s functions is funded by fees imposed on each scheme participant.\nUnder section 70 , the functions may, in particular circumstances, also be funded by supplementary fees.\nThe fees are—\na fee (the participation fee ) for being a scheme participant during all or part of a financial year; and\na fee (the user-pays fee ) for the participant’s costs for the performance of the energy and water ombudsman’s functions.\nThe participation fee and the user-pays fee must be paid to the energy and water ombudsman office.\ns 65 amd 2010 No. 53 s 3 sch 1\n(sec.65-ssec.1) Generally, performance of the energy and water ombudsman’s functions is funded by fees imposed on each scheme participant. Under section 70 , the functions may, in particular circumstances, also be funded by supplementary fees.\n(sec.65-ssec.2) The fees are— a fee (the participation fee ) for being a scheme participant during all or part of a financial year; and a fee (the user-pays fee ) for the participant’s costs for the performance of the energy and water ombudsman’s functions.\n(sec.65-ssec.3) The participation fee and the user-pays fee must be paid to the energy and water ombudsman office.\n- (a) a fee (the participation fee ) for being a scheme participant during all or part of a financial year; and\n- (b) a fee (the user-pays fee ) for the participant’s costs for the performance of the energy and water ombudsman’s functions.","sortOrder":96},{"sectionNumber":"sec.66","sectionType":"section","heading":"When participation fee is payable","content":"### sec.66 When participation fee is payable\n\nThe energy and water ombudsman must give each scheme participant at the start of a financial year an invoice for the participation fee for that year.\nIf a utility entity becomes a scheme participant during a financial year, the energy and water ombudsman must give the participant an invoice for the participation fee for the year.\nThe amount of an invoice must be worked out under section 67 or 67A .\nThe participation fee is payable 14 days after the scheme participant receives the invoice.\nHowever, if a scheme participant is a prescribed energy entity—\ndespite subsections (1) and (2) , the energy and water ombudsman must comply with the requirements prescribed by regulation about giving an invoice for a participation fee to the prescribed energy entity; and\ndespite subsection (4) , the participation fee for a prescribed energy entity is payable within the period prescribed by regulation.\ns 66 amd 2010 No. 53 ss 34 , 3 sch 1 ; 2020 No. 14 s 23\n(sec.66-ssec.1) The energy and water ombudsman must give each scheme participant at the start of a financial year an invoice for the participation fee for that year.\n(sec.66-ssec.2) If a utility entity becomes a scheme participant during a financial year, the energy and water ombudsman must give the participant an invoice for the participation fee for the year.\n(sec.66-ssec.3) The amount of an invoice must be worked out under section 67 or 67A .\n(sec.66-ssec.4) The participation fee is payable 14 days after the scheme participant receives the invoice.\n(sec.66-ssec.5) However, if a scheme participant is a prescribed energy entity— despite subsections (1) and (2) , the energy and water ombudsman must comply with the requirements prescribed by regulation about giving an invoice for a participation fee to the prescribed energy entity; and despite subsection (4) , the participation fee for a prescribed energy entity is payable within the period prescribed by regulation.\n- (a) despite subsections (1) and (2) , the energy and water ombudsman must comply with the requirements prescribed by regulation about giving an invoice for a participation fee to the prescribed energy entity; and\n- (b) despite subsection (4) , the participation fee for a prescribed energy entity is payable within the period prescribed by regulation.","sortOrder":97},{"sectionNumber":"sec.67","sectionType":"section","heading":"Amount of participation fee—energy entity","content":"### sec.67 Amount of participation fee—energy entity\n\nIf an energy entity is or becomes a scheme participant at the start of a financial year (the relevant financial year ), its participation fee for that year is—\nif it is the holder of a distribution authority under either the Electricity Act 1994 or the Gas Supply Act 2003 but not both Acts—\nthe amount prescribed under a regulation; or\nif no amount is prescribed—$5,000; or\nif it is the holder of a distribution authority under both the Electricity Act 1994 and the Gas Supply Act 2003 —\nthe amount prescribed under a regulation; or\nif no amount is prescribed—$10,000; or\nif it is the holder of 1 retailer authorisation under the NERL (Qld) —\nthe amount prescribed under a regulation; or\nif no amount is prescribed—$5,000; or\nif it is the holder of 2 retailer authorisations under the NERL (Qld) —\nthe amount prescribed under a regulation; or\nif no amount is prescribed—$10,000; or\nif it is the holder of a special approval and provides customer connection services—\nthe amount prescribed under a regulation; or\nif no amount is prescribed—$5,000; or\nif it is an exempt seller other than a prescribed energy entity—the amount prescribed under a regulation for the exempt seller or the class of exempt sellers to which the exempt seller belongs; or\nif it is a prescribed energy entity—the amount prescribed by regulation.\nSubsection (1) continues to apply to the entity even if it stops being an energy entity during the relevant financial year.\nHowever, if the entity stops being an energy entity during the relevant financial year, subsection (1) does not apply to it for any subsequent financial year, even though, under section 64 , it continues to be a scheme participant.\nIf an energy entity becomes a scheme participant during a financial year, its participation fee for that year is the amount worked out by applying the following formula—\nwhere—\nFF means the full participation fee that would have been payable under subsection (1) had the energy entity been—\na scheme participant at the start of the financial year; and\nproviding the same customer connection services or customer retail services that it provided when it became a scheme participant.\nND means the number of days during which the entity is a scheme participant during the financial year.\ns 67 amd 2010 No. 53 ss 3 , 35 sch 1 ; 2014 No. 48 s 105 ; 2020 No. 14 s 24\n(sec.67-ssec.1) If an energy entity is or becomes a scheme participant at the start of a financial year (the relevant financial year ), its participation fee for that year is— if it is the holder of a distribution authority under either the Electricity Act 1994 or the Gas Supply Act 2003 but not both Acts— the amount prescribed under a regulation; or if no amount is prescribed—$5,000; or if it is the holder of a distribution authority under both the Electricity Act 1994 and the Gas Supply Act 2003 — the amount prescribed under a regulation; or if no amount is prescribed—$10,000; or if it is the holder of 1 retailer authorisation under the NERL (Qld) — the amount prescribed under a regulation; or if no amount is prescribed—$5,000; or if it is the holder of 2 retailer authorisations under the NERL (Qld) — the amount prescribed under a regulation; or if no amount is prescribed—$10,000; or if it is the holder of a special approval and provides customer connection services— the amount prescribed under a regulation; or if no amount is prescribed—$5,000; or if it is an exempt seller other than a prescribed energy entity—the amount prescribed under a regulation for the exempt seller or the class of exempt sellers to which the exempt seller belongs; or if it is a prescribed energy entity—the amount prescribed by regulation.\n(sec.67-ssec.2) Subsection (1) continues to apply to the entity even if it stops being an energy entity during the relevant financial year.\n(sec.67-ssec.3) However, if the entity stops being an energy entity during the relevant financial year, subsection (1) does not apply to it for any subsequent financial year, even though, under section 64 , it continues to be a scheme participant.\n(sec.67-ssec.4) If an energy entity becomes a scheme participant during a financial year, its participation fee for that year is the amount worked out by applying the following formula— where— FF means the full participation fee that would have been payable under subsection (1) had the energy entity been— a scheme participant at the start of the financial year; and providing the same customer connection services or customer retail services that it provided when it became a scheme participant. ND means the number of days during which the entity is a scheme participant during the financial year.\n- (a) if it is the holder of a distribution authority under either the Electricity Act 1994 or the Gas Supply Act 2003 but not both Acts— (i) the amount prescribed under a regulation; or (ii) if no amount is prescribed—$5,000; or\n- (i) the amount prescribed under a regulation; or\n- (ii) if no amount is prescribed—$5,000; or\n- (b) if it is the holder of a distribution authority under both the Electricity Act 1994 and the Gas Supply Act 2003 — (i) the amount prescribed under a regulation; or (ii) if no amount is prescribed—$10,000; or\n- (i) the amount prescribed under a regulation; or\n- (ii) if no amount is prescribed—$10,000; or\n- (c) if it is the holder of 1 retailer authorisation under the NERL (Qld) — (i) the amount prescribed under a regulation; or (ii) if no amount is prescribed—$5,000; or\n- (i) the amount prescribed under a regulation; or\n- (ii) if no amount is prescribed—$5,000; or\n- (d) if it is the holder of 2 retailer authorisations under the NERL (Qld) — (i) the amount prescribed under a regulation; or (ii) if no amount is prescribed—$10,000; or\n- (i) the amount prescribed under a regulation; or\n- (ii) if no amount is prescribed—$10,000; or\n- (e) if it is the holder of a special approval and provides customer connection services— (i) the amount prescribed under a regulation; or (ii) if no amount is prescribed—$5,000; or\n- (i) the amount prescribed under a regulation; or\n- (ii) if no amount is prescribed—$5,000; or\n- (f) if it is an exempt seller other than a prescribed energy entity—the amount prescribed under a regulation for the exempt seller or the class of exempt sellers to which the exempt seller belongs; or\n- (g) if it is a prescribed energy entity—the amount prescribed by regulation.\n- (i) the amount prescribed under a regulation; or\n- (ii) if no amount is prescribed—$5,000; or\n- (i) the amount prescribed under a regulation; or\n- (ii) if no amount is prescribed—$10,000; or\n- (i) the amount prescribed under a regulation; or\n- (ii) if no amount is prescribed—$5,000; or\n- (i) the amount prescribed under a regulation; or\n- (ii) if no amount is prescribed—$10,000; or\n- (i) the amount prescribed under a regulation; or\n- (ii) if no amount is prescribed—$5,000; or\n- (a) a scheme participant at the start of the financial year; and\n- (b) providing the same customer connection services or customer retail services that it provided when it became a scheme participant.","sortOrder":98},{"sectionNumber":"sec.67A","sectionType":"section","heading":"Amount of participation fee—water entity","content":"### sec.67A Amount of participation fee—water entity\n\nThe participation fee for an entity that is a water entity at the start of a financial year is $10,000.\ns 67A ins 2010 No. 53 s 36\namd 2012 No. 1 s 83","sortOrder":99},{"sectionNumber":"sec.68","sectionType":"section","heading":"When user-pays fee is payable","content":"### sec.68 When user-pays fee is payable\n\nThe energy and water ombudsman must at least 14 days, but no more than 1 month, before the end of each quarter—\nwork out, under section 69 , the user-pays fee for the next quarter payable by each utility entity who is then a scheme participant; and\ngive the scheme participant an invoice for the fee.\nIf an energy entity becomes a scheme participant during a quarter, the energy and water ombudsman must—\nwork out, under section 69 , the user-pays fee payable by the scheme participant for the period (the part quarter ) from when the entity became a scheme participant to the end of the quarter; and\ngive the scheme participant an invoice for the amount of the fee for the part quarter.\nFor applying section 69 for the part quarter, a reference in section 69 to the assessed quarter is taken to include a reference to the part quarter.\nThe user-pays fee for the next quarter or part quarter is payable 14 days after the scheme participant receives the invoice.\nThis section does not apply to a scheme participant that is a prescribed energy entity.\ns 68 amd 2010 No. 53 s 3 sch 1 ; 2020 No. 14 s 25\n(sec.68-ssec.1) The energy and water ombudsman must at least 14 days, but no more than 1 month, before the end of each quarter— work out, under section 69 , the user-pays fee for the next quarter payable by each utility entity who is then a scheme participant; and give the scheme participant an invoice for the fee.\n(sec.68-ssec.2) If an energy entity becomes a scheme participant during a quarter, the energy and water ombudsman must— work out, under section 69 , the user-pays fee payable by the scheme participant for the period (the part quarter ) from when the entity became a scheme participant to the end of the quarter; and give the scheme participant an invoice for the amount of the fee for the part quarter.\n(sec.68-ssec.3) For applying section 69 for the part quarter, a reference in section 69 to the assessed quarter is taken to include a reference to the part quarter.\n(sec.68-ssec.4) The user-pays fee for the next quarter or part quarter is payable 14 days after the scheme participant receives the invoice.\n(sec.68-ssec.5) This section does not apply to a scheme participant that is a prescribed energy entity.\n- (a) work out, under section 69 , the user-pays fee for the next quarter payable by each utility entity who is then a scheme participant; and\n- (b) give the scheme participant an invoice for the fee.\n- (a) work out, under section 69 , the user-pays fee payable by the scheme participant for the period (the part quarter ) from when the entity became a scheme participant to the end of the quarter; and\n- (b) give the scheme participant an invoice for the amount of the fee for the part quarter.","sortOrder":100},{"sectionNumber":"sec.69","sectionType":"section","heading":"Working out user-pays fee generally","content":"### sec.69 Working out user-pays fee generally\n\nThis section provides for the working out of a scheme participant’s user-pays fee for a quarter (the assessed quarter ).\nThe energy and water ombudsman must prepare a forecast of the costs ( forecasted costs ) that the ombudsman reasonably considers will be the scheme participant’s likely relevant performance costs for the assessed quarter.\nIn making the forecast for the assessed quarter, the energy and water ombudsman may, but is not required to, have regard to the scheme participant’s relevant performance costs for the previous quarter or likely relevant performance costs for the current quarter.\nThe amount of the scheme participant’s user-pays fee for the assessed quarter is the amount of the forecasted costs for the quarter, subject to any adjustment required under the budget guidelines prepared under section 75 .\nThe scheme participant is not entitled to, or to be credited for, interest on any amount credited to the participant because of an adjustment mentioned in subsection (4) .\nThis section does not apply to a scheme participant that is a prescribed energy entity.\nIn this section—\ncurrent quarter means the quarter in which the forecast for the assessed quarter is made.\nprevious quarter means the quarter ending immediately before the current quarter, whether or not the scheme participant was a scheme participant for all of that quarter.\nrelevant performance costs , for a scheme participant, are the costs incurred by the energy and water ombudsman to perform the ombudsman’s functions relating to the participant, as worked out under the budget guidelines prepared under section 75 , in relation to dispute referrals made to the ombudsman for the participant.\ns 69 amd 2010 No. 53 ss 37 , 3 sch 1 ; 2020 No. 14 s 26\n(sec.69-ssec.1) This section provides for the working out of a scheme participant’s user-pays fee for a quarter (the assessed quarter ).\n(sec.69-ssec.2) The energy and water ombudsman must prepare a forecast of the costs ( forecasted costs ) that the ombudsman reasonably considers will be the scheme participant’s likely relevant performance costs for the assessed quarter.\n(sec.69-ssec.3) In making the forecast for the assessed quarter, the energy and water ombudsman may, but is not required to, have regard to the scheme participant’s relevant performance costs for the previous quarter or likely relevant performance costs for the current quarter.\n(sec.69-ssec.4) The amount of the scheme participant’s user-pays fee for the assessed quarter is the amount of the forecasted costs for the quarter, subject to any adjustment required under the budget guidelines prepared under section 75 .\n(sec.69-ssec.5) The scheme participant is not entitled to, or to be credited for, interest on any amount credited to the participant because of an adjustment mentioned in subsection (4) .\n(sec.69-ssec.5A) This section does not apply to a scheme participant that is a prescribed energy entity.\n(sec.69-ssec.6) In this section— current quarter means the quarter in which the forecast for the assessed quarter is made. previous quarter means the quarter ending immediately before the current quarter, whether or not the scheme participant was a scheme participant for all of that quarter. relevant performance costs , for a scheme participant, are the costs incurred by the energy and water ombudsman to perform the ombudsman’s functions relating to the participant, as worked out under the budget guidelines prepared under section 75 , in relation to dispute referrals made to the ombudsman for the participant.","sortOrder":101},{"sectionNumber":"sec.69A","sectionType":"section","heading":"User-pays fees for prescribed energy entities","content":"### sec.69A User-pays fees for prescribed energy entities\n\nA regulation may prescribe—\nthe amount of a user-pays fee for a prescribed energy entity; and\nrequirements about giving an invoice for a user-pays fee to a prescribed energy entity; and\nwhen a user-pays fee is payable by a prescribed energy entity.\nThe energy and water ombudsman must comply with the requirements prescribed by regulation about—\ngiving an invoice for a user-pays fee to a prescribed energy entity; and\nwhen a user-pays fee is payable by a prescribed energy entity.\ns 69A ins 2020 No. 14 s 27\n(sec.69A-ssec.1) A regulation may prescribe— the amount of a user-pays fee for a prescribed energy entity; and requirements about giving an invoice for a user-pays fee to a prescribed energy entity; and when a user-pays fee is payable by a prescribed energy entity.\n(sec.69A-ssec.2) The energy and water ombudsman must comply with the requirements prescribed by regulation about— giving an invoice for a user-pays fee to a prescribed energy entity; and when a user-pays fee is payable by a prescribed energy entity.\n- (a) the amount of a user-pays fee for a prescribed energy entity; and\n- (b) requirements about giving an invoice for a user-pays fee to a prescribed energy entity; and\n- (c) when a user-pays fee is payable by a prescribed energy entity.\n- (a) giving an invoice for a user-pays fee to a prescribed energy entity; and\n- (b) when a user-pays fee is payable by a prescribed energy entity.","sortOrder":102},{"sectionNumber":"sec.70","sectionType":"section","heading":"Supplementary fees","content":"### sec.70 Supplementary fees\n\nSubsection (2) applies if, at any time, the energy and water ombudsman considers that, because of any of the following, receipts from ordinary fees are not, or may not be, enough to fund all of the ombudsman’s functions—\nunforeseen expenditure;\na revised budget.\nA regulation may impose a supplementary fee on all scheme participants, or a stated class of scheme participants, of an amount that will allow all of the functions to be funded.\nSubsection (4) applies if, at any time, the energy and water ombudsman considers that because of a particular matter concerning an individual scheme participant, receipts from ordinary fees are not, or may not be, enough to fund all of the ombudsman’s functions.\nA regulation may impose a supplementary fee on the individual scheme participant of an amount that the energy and water ombudsman considers will allow all of the functions to be funded.\nA supplementary fee must be paid at the time and in the way provided for under a regulation.\nIn this section—\nordinary fees means participation fees and user-pays fees.\ns 70 amd 2010 No. 53 s 3 sch 1\n(sec.70-ssec.1) Subsection (2) applies if, at any time, the energy and water ombudsman considers that, because of any of the following, receipts from ordinary fees are not, or may not be, enough to fund all of the ombudsman’s functions— unforeseen expenditure; a revised budget.\n(sec.70-ssec.2) A regulation may impose a supplementary fee on all scheme participants, or a stated class of scheme participants, of an amount that will allow all of the functions to be funded.\n(sec.70-ssec.3) Subsection (4) applies if, at any time, the energy and water ombudsman considers that because of a particular matter concerning an individual scheme participant, receipts from ordinary fees are not, or may not be, enough to fund all of the ombudsman’s functions.\n(sec.70-ssec.4) A regulation may impose a supplementary fee on the individual scheme participant of an amount that the energy and water ombudsman considers will allow all of the functions to be funded.\n(sec.70-ssec.5) A supplementary fee must be paid at the time and in the way provided for under a regulation.\n(sec.70-ssec.6) In this section— ordinary fees means participation fees and user-pays fees.\n- (a) unforeseen expenditure;\n- (b) a revised budget.","sortOrder":103},{"sectionNumber":"sec.71","sectionType":"section","heading":"Unpaid fee interest","content":"### sec.71 Unpaid fee interest\n\nA scheme participant must pay interest ( unpaid fee interest ) on any fee payable under this division and not paid from time to time (an unpaid fee amount ).\nUnpaid fee interest accrues daily at the rate provided for under subsection (3) on an unpaid fee amount for the period starting on the day immediately after the day the unpaid fee amount became payable and ending on the day the unpaid fee amount is paid in full, both days inclusive.\nFor subsection (2) , the rate for each of the days is the rate that is the sum of the following—\n5%;\nthe bank bill yield rate for the day, rounded to the nearest second decimal point.\nIn this section—\nbank bill yield rate , for a day, means the monthly average yield of 90-day bank accepted bills published by the Reserve Bank of Australia for the month of May in the financial year immediately preceding the financial year that includes the day.\nThe monthly average yield for 90-day bank accepted bills is published in the Reserve Bank of Australia Bulletin and could, at the commencement of this section, be accessed on the internet at www.rba.gov.au.\ns 71 amd 2010 No. 53 s 3 sch 1\n(sec.71-ssec.1) A scheme participant must pay interest ( unpaid fee interest ) on any fee payable under this division and not paid from time to time (an unpaid fee amount ).\n(sec.71-ssec.2) Unpaid fee interest accrues daily at the rate provided for under subsection (3) on an unpaid fee amount for the period starting on the day immediately after the day the unpaid fee amount became payable and ending on the day the unpaid fee amount is paid in full, both days inclusive.\n(sec.71-ssec.3) For subsection (2) , the rate for each of the days is the rate that is the sum of the following— 5%; the bank bill yield rate for the day, rounded to the nearest second decimal point.\n(sec.71-ssec.4) In this section— bank bill yield rate , for a day, means the monthly average yield of 90-day bank accepted bills published by the Reserve Bank of Australia for the month of May in the financial year immediately preceding the financial year that includes the day. The monthly average yield for 90-day bank accepted bills is published in the Reserve Bank of Australia Bulletin and could, at the commencement of this section, be accessed on the internet at www.rba.gov.au.\n- (a) 5%;\n- (b) the bank bill yield rate for the day, rounded to the nearest second decimal point.","sortOrder":104},{"sectionNumber":"sec.72","sectionType":"section","heading":"Energy and water ombudsman may remit unpaid fee interest","content":"### sec.72 Energy and water ombudsman may remit unpaid fee interest\n\nThe energy and water ombudsman may remit all or part of any unpaid fee interest a scheme participant owes.\nThe remission must be made by written notice given to the scheme participant.\ns 72 amd 2010 No. 53 s 3 sch 1\n(sec.72-ssec.1) The energy and water ombudsman may remit all or part of any unpaid fee interest a scheme participant owes.\n(sec.72-ssec.2) The remission must be made by written notice given to the scheme participant.","sortOrder":105},{"sectionNumber":"sec.73","sectionType":"section","heading":"Recovery of unpaid amounts","content":"### sec.73 Recovery of unpaid amounts\n\nIf a scheme participant does not pay a fee or unpaid fee interest payable under this division, the State may recover the amount of the fee or interest from the participant as a debt.\ns 73 amd 2010 No. 53 s 3 sch 1","sortOrder":106},{"sectionNumber":"pt.8-div.3","sectionType":"division","heading":"Other matters","content":"## Other matters","sortOrder":107},{"sectionNumber":"sec.74","sectionType":"section","heading":"Annual budgets","content":"### sec.74 Annual budgets\n\nThe energy and water ombudsman must, before each 31 March, prepare, in consultation with the advisory council, a budget of estimated costs of the energy and water ombudsman office for the next financial year, having regard to expected participation fees and user-pays fees for the year.\nThe Minister must approve, or refuse to approve, a budget by each 30 April.\nHowever, a failure by the Minister to act under subsection (2) does not prevent the Minister approving, or refusing to approve, a budget at later time.\nA budget has no effect until it has been approved by the Minister on the recommendation of the advisory council and the energy and water ombudsman.\nDuring a financial year the energy and water ombudsman may prepare amendments to the office’s budget for that year.\nAn amendment of a budget has no effect until it has been approved by the Minister on the recommendation of the advisory council and the energy and water ombudsman.\nIf the advisory council and the energy and water ombudsman differ about what should be recommended to the Minister for an approval under this section, the Minister may still give the approval.\nThe energy and water ombudsman may authorise spending by the office during a financial year only under the budget for that year, unless the Minister otherwise approves.\nThis section does not require the energy and water ombudsman to give the Minister any details that would, if given, prejudice a current investigation.\ns 74 amd 2010 No. 53 ss 38 , 3 sch 1\n(sec.74-ssec.1) The energy and water ombudsman must, before each 31 March, prepare, in consultation with the advisory council, a budget of estimated costs of the energy and water ombudsman office for the next financial year, having regard to expected participation fees and user-pays fees for the year.\n(sec.74-ssec.2) The Minister must approve, or refuse to approve, a budget by each 30 April.\n(sec.74-ssec.3) However, a failure by the Minister to act under subsection (2) does not prevent the Minister approving, or refusing to approve, a budget at later time.\n(sec.74-ssec.4) A budget has no effect until it has been approved by the Minister on the recommendation of the advisory council and the energy and water ombudsman.\n(sec.74-ssec.5) During a financial year the energy and water ombudsman may prepare amendments to the office’s budget for that year.\n(sec.74-ssec.6) An amendment of a budget has no effect until it has been approved by the Minister on the recommendation of the advisory council and the energy and water ombudsman.\n(sec.74-ssec.7) If the advisory council and the energy and water ombudsman differ about what should be recommended to the Minister for an approval under this section, the Minister may still give the approval.\n(sec.74-ssec.8) The energy and water ombudsman may authorise spending by the office during a financial year only under the budget for that year, unless the Minister otherwise approves.\n(sec.74-ssec.9) This section does not require the energy and water ombudsman to give the Minister any details that would, if given, prejudice a current investigation.","sortOrder":108},{"sectionNumber":"sec.75","sectionType":"section","heading":"Budget guidelines","content":"### sec.75 Budget guidelines\n\nThe energy and water ombudsman must, in consultation with the advisory council, prepare budget guidelines, including guidelines for the working out, structure and adjustment of user-pays fees.\nThe budget guidelines must provide for the user-pays fees for a scheme participant to be adjusted at least twice a year having regard to the participant’s forecasted costs and relevant performance costs.\nIn this section—\nforecasted costs has the same meaning as in section 69 .\nrelevant performance costs has the same meaning as in section 69 .\ns 75 amd 2010 No. 53 ss 39 , 3 sch 1\n(sec.75-ssec.1) The energy and water ombudsman must, in consultation with the advisory council, prepare budget guidelines, including guidelines for the working out, structure and adjustment of user-pays fees.\n(sec.75-ssec.2) The budget guidelines must provide for the user-pays fees for a scheme participant to be adjusted at least twice a year having regard to the participant’s forecasted costs and relevant performance costs.\n(sec.75-ssec.3) In this section— forecasted costs has the same meaning as in section 69 . relevant performance costs has the same meaning as in section 69 .","sortOrder":109},{"sectionNumber":"sec.76","sectionType":"section","heading":"Delegation","content":"### sec.76 Delegation\n\nThe energy and water ombudsman may delegate the ombudsman’s functions to an appropriately qualified energy and water ombudsman officer.\nHowever, the following functions can not be delegated—\nmaking a decision under section 34 about a dispute referral, other than with the agreement of the parties;\ngiving an annual report under section 77 .\nIn this section—\nappropriately qualified , for an energy and water ombudsman officer to whom functions may be delegated, includes having the qualifications, experience or standing appropriate for the function.\nthe officer’s classification or level in the energy and water ombudsman office\nfunctions includes powers.\ns 76 amd 2010 No. 53 ss 40 , 3 sch 1\n(sec.76-ssec.1) The energy and water ombudsman may delegate the ombudsman’s functions to an appropriately qualified energy and water ombudsman officer.\n(sec.76-ssec.2) However, the following functions can not be delegated— making a decision under section 34 about a dispute referral, other than with the agreement of the parties; giving an annual report under section 77 .\n(sec.76-ssec.3) In this section— appropriately qualified , for an energy and water ombudsman officer to whom functions may be delegated, includes having the qualifications, experience or standing appropriate for the function. the officer’s classification or level in the energy and water ombudsman office functions includes powers.\n- (a) making a decision under section 34 about a dispute referral, other than with the agreement of the parties;\n- (b) giving an annual report under section 77 .","sortOrder":110},{"sectionNumber":"sec.77","sectionType":"section","heading":"Annual report","content":"### sec.77 Annual report\n\nThe energy and water ombudsman must—\nprepare and give to the Minister a written report about the operations of the energy and water ombudsman office during each financial year; and\nas soon as practicable after it is given to the Minister, publish it on the energy and water ombudsman’s website.\nThe report must be given as soon as practicable after the end of the financial year, but within a period that will allow the report to be tabled in the Legislative Assembly within the tabling period under the Financial and Performance Management Standard 2009 , section 49 (2) .\nWithout limiting subsection (1) , the energy and water ombudsman must include in the report—\na description of the following matters for the year—\ndispute referrals made;\ndispute referrals that the energy and water ombudsman decided, under section 22 , not to investigate or continue to investigate;\ndispute referrals investigated;\ndecisions under section 34 , including final orders made;\nmatters referred to an energy Act regulator, QCA or the regulator under the Water Supply (Safety and Reliability) Act 2008 , section 10 ; and\ndetails of other functions performed by the energy and water ombudsman or energy and water ombudsman officers during the year; and\nfinancial statements for the energy and water ombudsman office for the year.\nA description may include statistics.\nThe report must not be prepared in a way that discloses confidential information.\ns 77 amd 2010 No. 53 ss 41 , 3 sch 1 ; 2012 No. 39 s 102 sch pt 2\n(sec.77-ssec.1) The energy and water ombudsman must— prepare and give to the Minister a written report about the operations of the energy and water ombudsman office during each financial year; and as soon as practicable after it is given to the Minister, publish it on the energy and water ombudsman’s website.\n(sec.77-ssec.2) The report must be given as soon as practicable after the end of the financial year, but within a period that will allow the report to be tabled in the Legislative Assembly within the tabling period under the Financial and Performance Management Standard 2009 , section 49 (2) .\n(sec.77-ssec.3) Without limiting subsection (1) , the energy and water ombudsman must include in the report— a description of the following matters for the year— dispute referrals made; dispute referrals that the energy and water ombudsman decided, under section 22 , not to investigate or continue to investigate; dispute referrals investigated; decisions under section 34 , including final orders made; matters referred to an energy Act regulator, QCA or the regulator under the Water Supply (Safety and Reliability) Act 2008 , section 10 ; and details of other functions performed by the energy and water ombudsman or energy and water ombudsman officers during the year; and financial statements for the energy and water ombudsman office for the year.\n(sec.77-ssec.4) A description may include statistics.\n(sec.77-ssec.5) The report must not be prepared in a way that discloses confidential information.\n- (a) prepare and give to the Minister a written report about the operations of the energy and water ombudsman office during each financial year; and\n- (b) as soon as practicable after it is given to the Minister, publish it on the energy and water ombudsman’s website.\n- (a) a description of the following matters for the year— (i) dispute referrals made; (ii) dispute referrals that the energy and water ombudsman decided, under section 22 , not to investigate or continue to investigate; (iii) dispute referrals investigated; (iv) decisions under section 34 , including final orders made; (v) matters referred to an energy Act regulator, QCA or the regulator under the Water Supply (Safety and Reliability) Act 2008 , section 10 ; and\n- (i) dispute referrals made;\n- (ii) dispute referrals that the energy and water ombudsman decided, under section 22 , not to investigate or continue to investigate;\n- (iii) dispute referrals investigated;\n- (iv) decisions under section 34 , including final orders made;\n- (v) matters referred to an energy Act regulator, QCA or the regulator under the Water Supply (Safety and Reliability) Act 2008 , section 10 ; and\n- (b) details of other functions performed by the energy and water ombudsman or energy and water ombudsman officers during the year; and\n- (c) financial statements for the energy and water ombudsman office for the year.\n- (i) dispute referrals made;\n- (ii) dispute referrals that the energy and water ombudsman decided, under section 22 , not to investigate or continue to investigate;\n- (iii) dispute referrals investigated;\n- (iv) decisions under section 34 , including final orders made;\n- (v) matters referred to an energy Act regulator, QCA or the regulator under the Water Supply (Safety and Reliability) Act 2008 , section 10 ; and","sortOrder":111},{"sectionNumber":"sec.78","sectionType":"section","heading":"Reports and observations on energy and water ombudsman’s initiative","content":"### sec.78 Reports and observations on energy and water ombudsman’s initiative\n\nIf the energy and water ombudsman considers it appropriate, the ombudsman may give any of the following a report on, or make observations about, a matter arising from the performance of the energy and water ombudsman’s functions—\na scheme participant;\nan energy Act regulator;\nthe regulator under the Water Supply (Safety and Reliability) Act 2008 , section 10 ;\nthe Minister;\nthe advisory council;\nany public forum;\nthe Information Commissioner within the meaning of the Australian Information Commissioner Act 2010 (Cwlth) .\nHowever, a report or observation can not be made under subsection (1) if—\nit is derived from information that is confidential or the disclosure of which might detriment commercial interests; or\nthe making of the report or observation will result in confidential information being disclosed.\nSubsection (2) applies even if the energy and water ombudsman has, under section 31 , decided that a belief that the information is confidential is not justified.\ns 78 amd 2010 No. 53 ss 42 , 3 sch 1 ; 2012 No. 39 s 102 sch pt 2 ; 2015 No. 26 s 13\n(sec.78-ssec.1) If the energy and water ombudsman considers it appropriate, the ombudsman may give any of the following a report on, or make observations about, a matter arising from the performance of the energy and water ombudsman’s functions— a scheme participant; an energy Act regulator; the regulator under the Water Supply (Safety and Reliability) Act 2008 , section 10 ; the Minister; the advisory council; any public forum; the Information Commissioner within the meaning of the Australian Information Commissioner Act 2010 (Cwlth) .\n(sec.78-ssec.2) However, a report or observation can not be made under subsection (1) if— it is derived from information that is confidential or the disclosure of which might detriment commercial interests; or the making of the report or observation will result in confidential information being disclosed.\n(sec.78-ssec.3) Subsection (2) applies even if the energy and water ombudsman has, under section 31 , decided that a belief that the information is confidential is not justified.\n- (a) a scheme participant;\n- (b) an energy Act regulator;\n- (c) the regulator under the Water Supply (Safety and Reliability) Act 2008 , section 10 ;\n- (d) the Minister;\n- (e) the advisory council;\n- (f) any public forum;\n- (g) the Information Commissioner within the meaning of the Australian Information Commissioner Act 2010 (Cwlth) .\n- (a) it is derived from information that is confidential or the disclosure of which might detriment commercial interests; or\n- (b) the making of the report or observation will result in confidential information being disclosed.","sortOrder":112},{"sectionNumber":"sec.79","sectionType":"section","heading":"Privacy","content":"### sec.79 Privacy\n\nThis section applies to a person who—\nis, or has been, the energy and water ombudsman or an energy and water ombudsman officer; and\nobtains in the course of, or because of, any of the following, personal or confidential information that is not publicly available—\na preliminary inquiry;\nan investigation;\nthe performance of another function of the energy and water ombudsman.\nThe person must not—\nmake a record of the information; or\ndivulge or communicate the information to anyone else, whether directly or indirectly; or\nuse the information to benefit any person.\nMaximum penalty—100 penalty units.\nHowever, subsection (2) does not apply if the record is made, or the information is divulged, communicated or used—\nfor, or as a part of—\nthe performance of the preliminary inquiry, investigation or other function of the energy and water ombudsman; or\nformulating a report about or arising from the preliminary inquiry, investigation or other function; or\nwith the consent of the person to whom the information relates; or\nas required by law; or\nunder section 80 (1) .\nSections 31 and 39 also limit the disclosure of particular confidential information obtained during the performance of the energy and water ombudsman’s functions.\nSubsection (3) (a) does not limit section 78 (2) and (3) .\nUnless it is necessary to do so for carrying this Act into effect, the person is not required—\nto divulge or communicate the information to a court, tribunal, authority or person having power to require the production of documents or the answering of questions; or\nto produce in court a document that contains the information.\nIn this section, a reference to the energy and water ombudsman or an energy and water ombudsman officer includes a reference to a person who was the energy ombudsman or an energy ombudsman officer under this Act as in force before the commencement of the Water and Other Legislation Amendment Act 2010 , section 3 .\nWithout limiting section 25B , agreement of an eligible customer under the section may also have effect as consent under subsection (3) (b) .\ns 79 amd 2010 No. 53 ss 43 , 3 sch 1 ; 2015 No. 26 s 14\n(sec.79-ssec.1) This section applies to a person who— is, or has been, the energy and water ombudsman or an energy and water ombudsman officer; and obtains in the course of, or because of, any of the following, personal or confidential information that is not publicly available— a preliminary inquiry; an investigation; the performance of another function of the energy and water ombudsman.\n(sec.79-ssec.2) The person must not— make a record of the information; or divulge or communicate the information to anyone else, whether directly or indirectly; or use the information to benefit any person. Maximum penalty—100 penalty units.\n(sec.79-ssec.3) However, subsection (2) does not apply if the record is made, or the information is divulged, communicated or used— for, or as a part of— the performance of the preliminary inquiry, investigation or other function of the energy and water ombudsman; or formulating a report about or arising from the preliminary inquiry, investigation or other function; or with the consent of the person to whom the information relates; or as required by law; or under section 80 (1) . Sections 31 and 39 also limit the disclosure of particular confidential information obtained during the performance of the energy and water ombudsman’s functions.\n(sec.79-ssec.4) Subsection (3) (a) does not limit section 78 (2) and (3) .\n(sec.79-ssec.5) Unless it is necessary to do so for carrying this Act into effect, the person is not required— to divulge or communicate the information to a court, tribunal, authority or person having power to require the production of documents or the answering of questions; or to produce in court a document that contains the information.\n(sec.79-ssec.6) In this section, a reference to the energy and water ombudsman or an energy and water ombudsman officer includes a reference to a person who was the energy ombudsman or an energy ombudsman officer under this Act as in force before the commencement of the Water and Other Legislation Amendment Act 2010 , section 3 .\n(sec.79-ssec.7) Without limiting section 25B , agreement of an eligible customer under the section may also have effect as consent under subsection (3) (b) .\n- (a) is, or has been, the energy and water ombudsman or an energy and water ombudsman officer; and\n- (b) obtains in the course of, or because of, any of the following, personal or confidential information that is not publicly available— (i) a preliminary inquiry; (ii) an investigation; (iii) the performance of another function of the energy and water ombudsman.\n- (i) a preliminary inquiry;\n- (ii) an investigation;\n- (iii) the performance of another function of the energy and water ombudsman.\n- (i) a preliminary inquiry;\n- (ii) an investigation;\n- (iii) the performance of another function of the energy and water ombudsman.\n- (a) make a record of the information; or\n- (b) divulge or communicate the information to anyone else, whether directly or indirectly; or\n- (c) use the information to benefit any person.\n- (a) for, or as a part of— (i) the performance of the preliminary inquiry, investigation or other function of the energy and water ombudsman; or (ii) formulating a report about or arising from the preliminary inquiry, investigation or other function; or\n- (i) the performance of the preliminary inquiry, investigation or other function of the energy and water ombudsman; or\n- (ii) formulating a report about or arising from the preliminary inquiry, investigation or other function; or\n- (b) with the consent of the person to whom the information relates; or\n- (c) as required by law; or\n- (d) under section 80 (1) .\n- (i) the performance of the preliminary inquiry, investigation or other function of the energy and water ombudsman; or\n- (ii) formulating a report about or arising from the preliminary inquiry, investigation or other function; or\n- (a) to divulge or communicate the information to a court, tribunal, authority or person having power to require the production of documents or the answering of questions; or\n- (b) to produce in court a document that contains the information.","sortOrder":113},{"sectionNumber":"sec.80","sectionType":"section","heading":"Disclosure of particular information","content":"### sec.80 Disclosure of particular information\n\nIf, under this Act, a utility entity gives the energy and water ombudsman written information about the entity—\nthe ombudsman may disclose the information to a relevant regulatory body if—\nthe information is relevant to the performance of the body’s functions under an Act; and\nthe entity consents to the disclosure; and\nthe ombudsman must disclose the information to a relevant regulatory body if—\nthe body asks the ombudsman for the disclosure to perform the body’s functions under an Act; and\nthe entity consents to the disclosure.\nIf, under another Act, a utility entity gives a relevant regulatory body written information about the entity—\nthe body may disclose the information to the energy and water ombudsman if—\nthe information is relevant to the performance of the ombudsman’s functions under this Act; and\nthe entity consents to the disclosure; and\nthe body must disclose the information to the energy and water ombudsman if—\nthe ombudsman asks the body for the disclosure to perform the ombudsman’s functions under this Act; and\nthe entity consents to the disclosure.\nFor subsections (1) and (2) , consent is taken to have been given by an energy entity if, under an energy Act authority held by the entity, the consent is required to be given by an energy entity.\nIn this section—\nrelevant regulatory body means—\nin relation to an energy entity—\nQCA; or\nthe regulator under an energy Act; or\nin relation to a water entity—the regulator under the Water Supply (Safety and Reliability) Act 2008 , section 10 .\ns 80 amd 2010 No. 53 s 44 ; 2012 No. 39 s 102 sch pt 2\n(sec.80-ssec.1) If, under this Act, a utility entity gives the energy and water ombudsman written information about the entity— the ombudsman may disclose the information to a relevant regulatory body if— the information is relevant to the performance of the body’s functions under an Act; and the entity consents to the disclosure; and the ombudsman must disclose the information to a relevant regulatory body if— the body asks the ombudsman for the disclosure to perform the body’s functions under an Act; and the entity consents to the disclosure.\n(sec.80-ssec.2) If, under another Act, a utility entity gives a relevant regulatory body written information about the entity— the body may disclose the information to the energy and water ombudsman if— the information is relevant to the performance of the ombudsman’s functions under this Act; and the entity consents to the disclosure; and the body must disclose the information to the energy and water ombudsman if— the ombudsman asks the body for the disclosure to perform the ombudsman’s functions under this Act; and the entity consents to the disclosure.\n(sec.80-ssec.3) For subsections (1) and (2) , consent is taken to have been given by an energy entity if, under an energy Act authority held by the entity, the consent is required to be given by an energy entity.\n(sec.80-ssec.4) In this section— relevant regulatory body means— in relation to an energy entity— QCA; or the regulator under an energy Act; or in relation to a water entity—the regulator under the Water Supply (Safety and Reliability) Act 2008 , section 10 .\n- (a) the ombudsman may disclose the information to a relevant regulatory body if— (i) the information is relevant to the performance of the body’s functions under an Act; and (ii) the entity consents to the disclosure; and\n- (i) the information is relevant to the performance of the body’s functions under an Act; and\n- (ii) the entity consents to the disclosure; and\n- (b) the ombudsman must disclose the information to a relevant regulatory body if— (i) the body asks the ombudsman for the disclosure to perform the body’s functions under an Act; and (ii) the entity consents to the disclosure.\n- (i) the body asks the ombudsman for the disclosure to perform the body’s functions under an Act; and\n- (ii) the entity consents to the disclosure.\n- (i) the information is relevant to the performance of the body’s functions under an Act; and\n- (ii) the entity consents to the disclosure; and\n- (i) the body asks the ombudsman for the disclosure to perform the body’s functions under an Act; and\n- (ii) the entity consents to the disclosure.\n- (a) the body may disclose the information to the energy and water ombudsman if— (i) the information is relevant to the performance of the ombudsman’s functions under this Act; and (ii) the entity consents to the disclosure; and\n- (i) the information is relevant to the performance of the ombudsman’s functions under this Act; and\n- (ii) the entity consents to the disclosure; and\n- (b) the body must disclose the information to the energy and water ombudsman if— (i) the ombudsman asks the body for the disclosure to perform the ombudsman’s functions under this Act; and (ii) the entity consents to the disclosure.\n- (i) the ombudsman asks the body for the disclosure to perform the ombudsman’s functions under this Act; and\n- (ii) the entity consents to the disclosure.\n- (i) the information is relevant to the performance of the ombudsman’s functions under this Act; and\n- (ii) the entity consents to the disclosure; and\n- (i) the ombudsman asks the body for the disclosure to perform the ombudsman’s functions under this Act; and\n- (ii) the entity consents to the disclosure.\n- (a) in relation to an energy entity— (i) QCA; or (ii) the regulator under an energy Act; or\n- (i) QCA; or\n- (ii) the regulator under an energy Act; or\n- (b) in relation to a water entity—the regulator under the Water Supply (Safety and Reliability) Act 2008 , section 10 .\n- (i) QCA; or\n- (ii) the regulator under an energy Act; or","sortOrder":114},{"sectionNumber":"sec.81","sectionType":"section","heading":"Protection from liability","content":"### sec.81 Protection from liability\n\nThe energy and water ombudsman or an energy and water ombudsman officer does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act.\nIf subsection (1) prevents a civil liability attaching to the energy and water ombudsman or an energy and water ombudsman officer, the liability attaches instead to the State.\ns 81 amd 2010 No. 53 s 3 sch 1\n(sec.81-ssec.1) The energy and water ombudsman or an energy and water ombudsman officer does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act.\n(sec.81-ssec.2) If subsection (1) prevents a civil liability attaching to the energy and water ombudsman or an energy and water ombudsman officer, the liability attaches instead to the State.","sortOrder":115},{"sectionNumber":"sec.82","sectionType":"section","heading":"Approved forms","content":"### sec.82 Approved forms\n\nThe energy and water ombudsman may approve forms for use under this Act.\ns 82 amd 2010 No. 53 s 3 sch 1","sortOrder":116},{"sectionNumber":"sec.83","sectionType":"section","heading":"Regulation-making power","content":"### sec.83 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nA regulation may provide for a maximum penalty of no more than 20 penalty units for a contravention of a regulation.\n(sec.83-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.83-ssec.2) A regulation may provide for a maximum penalty of no more than 20 penalty units for a contravention of a regulation.","sortOrder":117},{"sectionNumber":"pt.9","sectionType":"part","heading":"Transitional provisions for Act No. 61 of 2006","content":"# Transitional provisions for Act No. 61 of 2006","sortOrder":118},{"sectionNumber":"pt.9-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":119},{"sectionNumber":"sec.84","sectionType":"section","heading":"Definitions for pt 9","content":"### sec.84 Definitions for pt 9\n\nIn this part—\nchangeover day means the day section 18 commences.\nenergy ombudsman means the energy ombudsman under this Act as in force before the commencement of the Water and Other Legislation Amendment Act 2010 , part 2 .\ns 84 def energy ombudsman ins 2010 No. 53 s 46\nformer user-pays provisions means Electricity Act 1994 , former sections 64A, 64D and 64E, to the extent they relate to the user-pays fee under that Act.\nscheme member means a scheme member under this Act as in force before the commencement of the Water and Other Legislation Amendment Act 2010 , part 2 .\ns 84 def scheme member ins 2010 No. 53 s 46","sortOrder":120},{"sectionNumber":"pt.9-div.2","sectionType":"division","heading":"Transitional provisions for funding and first budget","content":"## Transitional provisions for funding and first budget","sortOrder":121},{"sectionNumber":"sec.85","sectionType":"section","heading":"User-pays fees for changeover quarters","content":"### sec.85 User-pays fees for changeover quarters\n\nUser-pays fees under this Act are payable by scheme members for the changeover quarters as if sections 64, 65, 68 and 69 had commenced one month before the first changeover quarter started.\nFor subsection (1), if the energy ombudsman has not yet been appointed, the fees must be paid to the regulator, for the ombudsman.\nThe former user-pays provisions do not apply for the changeover quarters, but continue to apply for any quarter that ended on or before the first changeover quarter.\nIn this section—\nchangeover quarters means the first changeover quarter and second changeover quarter.\nfirst changeover quarter means the last quarter to end on or before the changeover day.\nregulator means the regulator under the Electricity Act 1994 .\nsecond changeover quarter means the first quarter to start on or after the first changeover quarter.\n(sec.85-ssec.1) User-pays fees under this Act are payable by scheme members for the changeover quarters as if sections 64, 65, 68 and 69 had commenced one month before the first changeover quarter started.\n(sec.85-ssec.2) For subsection (1), if the energy ombudsman has not yet been appointed, the fees must be paid to the regulator, for the ombudsman.\n(sec.85-ssec.3) The former user-pays provisions do not apply for the changeover quarters, but continue to apply for any quarter that ended on or before the first changeover quarter.\n(sec.85-ssec.4) In this section— changeover quarters means the first changeover quarter and second changeover quarter. first changeover quarter means the last quarter to end on or before the changeover day. regulator means the regulator under the Electricity Act 1994 . second changeover quarter means the first quarter to start on or after the first changeover quarter.","sortOrder":122},{"sectionNumber":"sec.86","sectionType":"section","heading":"Reference to previous fees for working out user-pays fee under this Act","content":"### sec.86 Reference to previous fees for working out user-pays fee under this Act\n\nThis section applies if, under the former user-pays provisions, a user-pays fee (the previous fee ) was payable by a member entity under that Act for a quarter (the earlier quarter ) ending on or before the first changeover quarter under section 85.\nIf the member entity is a scheme member under this Act, the previous fee is, for working out the scheme member’s user-pays fee under section 69, taken to be its user-pays fee for the earlier quarter.\nIf, under the Energy Assets (Restructuring and Disposal) Act 2006 , a scheme member acquired all or part of the business of the member entity, the energy ombudsman may have regard to the previous fee in preparing a forecast under section 69 for the member.\n(sec.86-ssec.1) This section applies if, under the former user-pays provisions, a user-pays fee (the previous fee ) was payable by a member entity under that Act for a quarter (the earlier quarter ) ending on or before the first changeover quarter under section 85.\n(sec.86-ssec.2) If the member entity is a scheme member under this Act, the previous fee is, for working out the scheme member’s user-pays fee under section 69, taken to be its user-pays fee for the earlier quarter.\n(sec.86-ssec.3) If, under the Energy Assets (Restructuring and Disposal) Act 2006 , a scheme member acquired all or part of the business of the member entity, the energy ombudsman may have regard to the previous fee in preparing a forecast under section 69 for the member.","sortOrder":123},{"sectionNumber":"sec.87","sectionType":"section","heading":"Budget for first financial year","content":"### sec.87 Budget for first financial year\n\nSection 74 does not apply for the following period—\nif the changeover day is a day on which a financial year starts—that financial year;\notherwise—the period from the changeover day to the start of the next financial year.\n- (a) if the changeover day is a day on which a financial year starts—that financial year;\n- (b) otherwise—the period from the changeover day to the start of the next financial year.","sortOrder":124},{"sectionNumber":"pt.9-div.3","sectionType":"division","heading":"Existing disputes under energy Act","content":"## Existing disputes under energy Act","sortOrder":125},{"sectionNumber":"sec.88","sectionType":"section","heading":"Application of div 3","content":"### sec.88 Application of div 3\n\nThis division applies if, immediately before the changeover day—\nunder an energy Act, as in force immediately before the changeover day, a dispute between a customer and an energy entity had been referred to an energy Act regulator; and\na mediated agreement or order under the energy Act, that has taken effect and binds the parties to the dispute, has not resolved the dispute.\nThis division applies even if the customer is not a small customer as defined under this Act.\n(sec.88-ssec.1) This division applies if, immediately before the changeover day— under an energy Act, as in force immediately before the changeover day, a dispute between a customer and an energy entity had been referred to an energy Act regulator; and a mediated agreement or order under the energy Act, that has taken effect and binds the parties to the dispute, has not resolved the dispute.\n(sec.88-ssec.2) This division applies even if the customer is not a small customer as defined under this Act.\n- (a) under an energy Act, as in force immediately before the changeover day, a dispute between a customer and an energy entity had been referred to an energy Act regulator; and\n- (b) a mediated agreement or order under the energy Act, that has taken effect and binds the parties to the dispute, has not resolved the dispute.","sortOrder":126},{"sectionNumber":"sec.89","sectionType":"section","heading":"Referral becomes a dispute referral","content":"### sec.89 Referral becomes a dispute referral\n\nThe referral is taken to be a dispute referral under this Act, made to the energy ombudsman on the changeover day.\nThe energy ombudsman may start an investigation into the dispute referral without giving an investigation notice.\n(sec.89-ssec.1) The referral is taken to be a dispute referral under this Act, made to the energy ombudsman on the changeover day.\n(sec.89-ssec.2) The energy ombudsman may start an investigation into the dispute referral without giving an investigation notice.","sortOrder":127},{"sectionNumber":"sec.90","sectionType":"section","heading":"Documents and information given for energy Act referral","content":"### sec.90 Documents and information given for energy Act referral\n\nIf, under the energy Act, a party to the dispute had given the regulator, an energy mediator or energy arbitrator (the official ) documents or information to perform functions under that Act for the dispute, the official must give the energy ombudsman the documents or information.\nThe documents or information are taken to have been given to the energy ombudsman for the investigation.\nThis section does not affect any privilege or protection that applied for the giving of the documents or information to the official.\n(sec.90-ssec.1) If, under the energy Act, a party to the dispute had given the regulator, an energy mediator or energy arbitrator (the official ) documents or information to perform functions under that Act for the dispute, the official must give the energy ombudsman the documents or information.\n(sec.90-ssec.2) The documents or information are taken to have been given to the energy ombudsman for the investigation.\n(sec.90-ssec.3) This section does not affect any privilege or protection that applied for the giving of the documents or information to the official.","sortOrder":128},{"sectionNumber":"pt.10","sectionType":"part","heading":"Transitional provisions for the Water and Other Legislation Amendment Act 2010","content":"# Transitional provisions for the Water and Other Legislation Amendment Act 2010","sortOrder":129},{"sectionNumber":"sec.91","sectionType":"section","heading":"Definitions for pt 10","content":"### sec.91 Definitions for pt 10\n\nIn this part—\ncommencement means the commencement of the provision in which the term is used.\npost-amended Act means this Act as in force immediately after the commencement.\npre-amended Act means this Act as in force immediately before the commencement.\ns 91 ins 2010 No. 53 s 47","sortOrder":130},{"sectionNumber":"sec.92","sectionType":"section","heading":"Office continues","content":"### sec.92 Office continues\n\nThe Office of the Energy and Water Ombudsman established by the post-amended Act, section 59 is a continuation of the Office of Energy Ombudsman established by the pre-amended Act, section 59.\ns 92 ins 2010 No. 53 s 47","sortOrder":131},{"sectionNumber":"sec.93","sectionType":"section","heading":"Saving of certain appointments etc.","content":"### sec.93 Saving of certain appointments etc.\n\nOn the commencement—\nthe person who immediately before the commencement held appointment under the pre-amended Act, part 7 as energy ombudsman is taken to have been appointed as the energy and water ombudsman under the post-amended Act, part 7 on the same terms and conditions as the first mentioned appointment; and\na person who immediately before the commencement held appointment under pre-amended Act as an energy ombudsman officer is taken to have been appointed as an energy and water ombudsman officer under the post-amended Act on the same terms and conditions as the first mentioned appointment.\nAnything done by the energy ombudsman or an energy ombudsman officer under the pre-amended Act that has a continuing effect is taken to have been done by the energy and water ombudsman or an energy and water ombudsman officer under the post-amended Act.\nWithout limiting subsection (2)—\na delegation by the energy ombudsman under the pre-amended Act having effect immediately before the commencement continues to have effect as a delegation by the energy and water ombudsman under the post-amended Act; and\na form approved by the energy ombudsman under the pre-amended Act having affect immediately before the commencement continues as a form approved by the energy and water ombudsman under the post-amended Act.\ns 93 ins 2010 No. 53 s 47\n(sec.93-ssec.1) On the commencement— the person who immediately before the commencement held appointment under the pre-amended Act, part 7 as energy ombudsman is taken to have been appointed as the energy and water ombudsman under the post-amended Act, part 7 on the same terms and conditions as the first mentioned appointment; and a person who immediately before the commencement held appointment under pre-amended Act as an energy ombudsman officer is taken to have been appointed as an energy and water ombudsman officer under the post-amended Act on the same terms and conditions as the first mentioned appointment.\n(sec.93-ssec.2) Anything done by the energy ombudsman or an energy ombudsman officer under the pre-amended Act that has a continuing effect is taken to have been done by the energy and water ombudsman or an energy and water ombudsman officer under the post-amended Act.\n(sec.93-ssec.3) Without limiting subsection (2)— a delegation by the energy ombudsman under the pre-amended Act having effect immediately before the commencement continues to have effect as a delegation by the energy and water ombudsman under the post-amended Act; and a form approved by the energy ombudsman under the pre-amended Act having affect immediately before the commencement continues as a form approved by the energy and water ombudsman under the post-amended Act.\n- (a) the person who immediately before the commencement held appointment under the pre-amended Act, part 7 as energy ombudsman is taken to have been appointed as the energy and water ombudsman under the post-amended Act, part 7 on the same terms and conditions as the first mentioned appointment; and\n- (b) a person who immediately before the commencement held appointment under pre-amended Act as an energy ombudsman officer is taken to have been appointed as an energy and water ombudsman officer under the post-amended Act on the same terms and conditions as the first mentioned appointment.\n- (a) a delegation by the energy ombudsman under the pre-amended Act having effect immediately before the commencement continues to have effect as a delegation by the energy and water ombudsman under the post-amended Act; and\n- (b) a form approved by the energy ombudsman under the pre-amended Act having affect immediately before the commencement continues as a form approved by the energy and water ombudsman under the post-amended Act.","sortOrder":132},{"sectionNumber":"sec.94","sectionType":"section","heading":"References to energy ombudsman","content":"### sec.94 References to energy ombudsman\n\nIn an Act or document, a reference to the energy ombudsman may, if the context permits, be taken to be a reference to the energy and water ombudsman.\ns 94 ins 2010 No. 53 s 47","sortOrder":133},{"sectionNumber":"sec.95","sectionType":"section","heading":"Scheme members","content":"### sec.95 Scheme members\n\nAn energy entity that, immediately before the commencement, was a scheme member under the pre-amended Act becomes, on the commencement, a scheme participant under the post-amended Act.\nAn amount payable under the pre-amended Act, part 8, division 2 immediately before the commencement by an entity that was a scheme member under that Act continues to be payable by the entity under the post-amended Act, part 8, division 2.\ns 95 ins 2010 No. 53 s 47\n(sec.95-ssec.1) An energy entity that, immediately before the commencement, was a scheme member under the pre-amended Act becomes, on the commencement, a scheme participant under the post-amended Act.\n(sec.95-ssec.2) An amount payable under the pre-amended Act, part 8, division 2 immediately before the commencement by an entity that was a scheme member under that Act continues to be payable by the entity under the post-amended Act, part 8, division 2.","sortOrder":134},{"sectionNumber":"sec.96","sectionType":"section","heading":"Advisory council members go out of office and appointment of new members","content":"### sec.96 Advisory council members go out of office and appointment of new members\n\nOn the commencement, the chairperson and other members of the advisory council go out of office.\nSubsections (3) and (4) apply for the appointment of the members of the council first happening after the commencement.\nThe post-amended Act, section 50(4) and (5) does not apply.\nEach water entity is taken to be a scheme participant.\ns 96 ins 2010 No. 53 s 47\n(sec.96-ssec.1) On the commencement, the chairperson and other members of the advisory council go out of office.\n(sec.96-ssec.2) Subsections (3) and (4) apply for the appointment of the members of the council first happening after the commencement.\n(sec.96-ssec.3) The post-amended Act, section 50(4) and (5) does not apply.\n(sec.96-ssec.4) Each water entity is taken to be a scheme participant.","sortOrder":135},{"sectionNumber":"sec.97","sectionType":"section","heading":"Application of ss 68 and 69 to water entities for last 2 quarters of 2010–2011 financial year","content":"### sec.97 Application of ss 68 and 69 to water entities for last 2 quarters of 2010–2011 financial year\n\nThis section applies to each water entity that is to become a scheme participant on 1 January 2011 under section 64A.\nFor section 68(1) and (4), the water entity is taken to become a scheme participant on the commencement.\nFor section 69, the forecasted costs of the water entity as a scheme participant for each of the 3rd and 4th quarters of the 2010–2011 financial year is $55,000.\nFor part 8, division 2, the amount of $55,000 is taken to have been worked out under section 69.\ns 97 ins 2010 No. 53 s 47\namd 2012 No. 1 s 105 sch\n(sec.97-ssec.1) This section applies to each water entity that is to become a scheme participant on 1 January 2011 under section 64A.\n(sec.97-ssec.2) For section 68(1) and (4), the water entity is taken to become a scheme participant on the commencement.\n(sec.97-ssec.3) For section 69, the forecasted costs of the water entity as a scheme participant for each of the 3rd and 4th quarters of the 2010–2011 financial year is $55,000.\n(sec.97-ssec.3-oc.2) For part 8, division 2, the amount of $55,000 is taken to have been worked out under section 69.","sortOrder":136},{"sectionNumber":"sec.98","sectionType":"section","heading":"Energy and water ombudsman may prepare amended budget","content":"### sec.98 Energy and water ombudsman may prepare amended budget\n\nThe purpose of this section is to empower the energy and water ombudsman to prepare an amended budget for the 2010–2011 financial year having regard to the extra functions given to the ombudsman by the Water and Other Legislation Amendment Act 2010 , part 2 .\nThe energy and water ombudsman may prepare the amended budget on the basis that each water entity will become a scheme participant on 1 January 2011.\nSubsection (4) applies if, at the time the energy and water ombudsman prepares the amended budget, there are no members of the advisory council.\nDespite the post-amended Act, section 74(6) and (7), the Minister may approve the amended budget.\ns 98 ins 2010 No. 53 s 47\namd 2012 No. 1 s 105 sch\n(sec.98-ssec.1) The purpose of this section is to empower the energy and water ombudsman to prepare an amended budget for the 2010–2011 financial year having regard to the extra functions given to the ombudsman by the Water and Other Legislation Amendment Act 2010 , part 2 .\n(sec.98-ssec.2) The energy and water ombudsman may prepare the amended budget on the basis that each water entity will become a scheme participant on 1 January 2011.\n(sec.98-ssec.3) Subsection (4) applies if, at the time the energy and water ombudsman prepares the amended budget, there are no members of the advisory council.\n(sec.98-ssec.4) Despite the post-amended Act, section 74(6) and (7), the Minister may approve the amended budget.","sortOrder":137},{"sectionNumber":"sec.99","sectionType":"section","heading":"Advisory council to report in relation to water entities","content":"### sec.99 Advisory council to report in relation to water entities\n\nThe advisory council must prepare and give a report to the Minister on the performance of the energy and water ombudsman’s functions as they relate to water entities.\nThe report must be given to the Minister before the end of 2011.\ns 99 ins 2010 No. 53 s 47\n(sec.99-ssec.1) The advisory council must prepare and give a report to the Minister on the performance of the energy and water ombudsman’s functions as they relate to water entities.\n(sec.99-ssec.2) The report must be given to the Minister before the end of 2011.","sortOrder":138},{"sectionNumber":"sec.100","sectionType":"section","heading":null,"content":"### Section sec.100\n\ns 100 ins 2010 No. 53 s 47\nom 2013 No. 39 s 109 sch 2","sortOrder":139},{"sectionNumber":"sec.101","sectionType":"section","heading":null,"content":"### Section sec.101\n\ns 101 ins 2010 No. 53 s 47\nexp 1 December 2011 (see s 101(4))","sortOrder":140},{"sectionNumber":"pt.11","sectionType":"part","heading":"Transitional provision for repeal of Community Ambulance Cover Act 2003","content":"# Transitional provision for repeal of Community Ambulance Cover Act 2003","sortOrder":141},{"sectionNumber":"sec.102","sectionType":"section","heading":"Continuation of former provisions for functions of energy and water ombudsman","content":"### sec.102 Continuation of former provisions for functions of energy and water ombudsman\n\nThe following provisions, as in force immediately before 1 July 2011, continue to apply in relation to the performance of the functions of, or referral of a dispute to, the energy and water ombudsman—\nsection 11(2);\nsection 13 (the relevant former provision );\nsection 19(b);\nsection 22(4);\nsection 23(1)(a).\nA reference in the relevant former provision to the Ambulance Cover Act is taken to be a reference to the repealed Community Ambulance Cover Act 2003 as continued under the Community Ambulance Cover Levy Repeal Act 2011 , part 2 .\ns 102 ins 2011 No. 20 s 49\namd 2011 No. 20 s 50\n(sec.102-ssec.1) The following provisions, as in force immediately before 1 July 2011, continue to apply in relation to the performance of the functions of, or referral of a dispute to, the energy and water ombudsman— section 11(2); section 13 (the relevant former provision ); section 19(b); section 22(4); section 23(1)(a).\n(sec.102-ssec.2) A reference in the relevant former provision to the Ambulance Cover Act is taken to be a reference to the repealed Community Ambulance Cover Act 2003 as continued under the Community Ambulance Cover Levy Repeal Act 2011 , part 2 .\n- (a) section 11(2);\n- (b) section 13 (the relevant former provision );\n- (c) section 19(b);\n- (d) section 22(4);\n- (e) section 23(1)(a).","sortOrder":142},{"sectionNumber":"pt.12","sectionType":"part","heading":"Transitional provisions for South-East Queensland Water (Distribution and Retail Restructuring) and Other Legislation Amendment Act 2012","content":"# Transitional provisions for South-East Queensland Water (Distribution and Retail Restructuring) and Other Legislation Amendment Act 2012","sortOrder":143},{"sectionNumber":"sec.103","sectionType":"section","heading":"Definitions for pt 12","content":"### sec.103 Definitions for pt 12\n\nIn this part—\nAllconnex means the distributor-retailer called the Southern SEQ Distributor-Retailer Authority.\nsuccessor , for a provision about a customer or a dispute referral concerning a customer, means the withdrawn council in whose local government area the customer received, or wanted to receive, services from Allconnex of a type mentioned in the Water Supply Act , schedule 3 , definition customer .\ns 103 ins 2012 No. 1 s 84","sortOrder":144},{"sectionNumber":"sec.104","sectionType":"section","heading":"Migration of small customers (water) of Allconnex","content":"### sec.104 Migration of small customers (water) of Allconnex\n\nEach person who, at the end of 30 June 2012, is a small customer (water) of Allconnex becomes a small customer (water) of Allconnex’s successor on 1 July 2012.\ns 104 ins 2012 No. 1 s 84","sortOrder":145},{"sectionNumber":"sec.105","sectionType":"section","heading":"Existing dispute referrals","content":"### sec.105 Existing dispute referrals\n\nThis section applies to a dispute referral about Allconnex made before 1 July 2012.\nThe referral is taken to be, and to have always been, a dispute referral about Allconnex’s successor, and may be continued by or against the successor.\nSubsection (2) applies as if, at all relevant times, the successor had performed the water entity function the subject of the referral.\nThe successor is taken to be, and to have always been, the relevant entity for the referral.\nIf the referral was made by Allconnex, the successor is taken to be the referrer.\ns 105 ins 2012 No. 1 s 84\n(sec.105-ssec.1) This section applies to a dispute referral about Allconnex made before 1 July 2012.\n(sec.105-ssec.2) The referral is taken to be, and to have always been, a dispute referral about Allconnex’s successor, and may be continued by or against the successor.\n(sec.105-ssec.3) Subsection (2) applies as if, at all relevant times, the successor had performed the water entity function the subject of the referral.\n(sec.105-ssec.4) The successor is taken to be, and to have always been, the relevant entity for the referral.\n(sec.105-ssec.5) If the referral was made by Allconnex, the successor is taken to be the referrer.","sortOrder":146},{"sectionNumber":"sec.106","sectionType":"section","heading":"Disputes not referred before 1 July 2012","content":"### sec.106 Disputes not referred before 1 July 2012\n\nThis section applies for a dispute about the performance of Allconnex’s water entity functions about which a dispute referral could have been, but has not been, made before 1 July 2012.\nEither party to the dispute may, on or from 1 July 2012, make a dispute referral for the dispute as if Allconnex’s successor has performed the functions.\nSubsection (2) is subject to section 19A.\nIf the referrer is a small customer (water) and the dispute referral names Allconnex as the relevant entity, Allconnex’s successor is taken to have been named instead.\ns 106 ins 2012 No. 1 s 84\n(sec.106-ssec.1) This section applies for a dispute about the performance of Allconnex’s water entity functions about which a dispute referral could have been, but has not been, made before 1 July 2012.\n(sec.106-ssec.2) Either party to the dispute may, on or from 1 July 2012, make a dispute referral for the dispute as if Allconnex’s successor has performed the functions.\n(sec.106-ssec.3) Subsection (2) is subject to section 19A.\n(sec.106-ssec.4) If the referrer is a small customer (water) and the dispute referral names Allconnex as the relevant entity, Allconnex’s successor is taken to have been named instead.","sortOrder":147},{"sectionNumber":"sec.107","sectionType":"section","heading":"Existing investigations","content":"### sec.107 Existing investigations\n\nAn investigation or preliminary inquiry (a procedure ) started under this Act before 1 July 2012 about Allconnex is taken to be a procedure of the same type about Allconnex’s successor.\nThe procedure is taken to be, and to have always been, about Allconnex’s successor, and may be continued about the successor.\nSubsection (2) applies as if, at all relevant times, the successor had performed the water entity function the subject of the procedure.\nThe successor is taken to be, and to have always been, the relevant entity for the procedure.\ns 107 ins 2012 No. 1 s 84\n(sec.107-ssec.1) An investigation or preliminary inquiry (a procedure ) started under this Act before 1 July 2012 about Allconnex is taken to be a procedure of the same type about Allconnex’s successor.\n(sec.107-ssec.2) The procedure is taken to be, and to have always been, about Allconnex’s successor, and may be continued about the successor.\n(sec.107-ssec.3) Subsection (2) applies as if, at all relevant times, the successor had performed the water entity function the subject of the procedure.\n(sec.107-ssec.4) The successor is taken to be, and to have always been, the relevant entity for the procedure.","sortOrder":148},{"sectionNumber":"sec.108","sectionType":"section","heading":"Existing information requirements","content":"### sec.108 Existing information requirements\n\nThis section applies to an information requirement made of Allconnex that has not been complied with before the end of 30 June 2012.\nOn 1 July 2012, the information requirement is taken to have been made of Allconnex’s successor about the same matter.\nIn this section—\ninformation requirement means a requirement under section 29.\ns 108 ins 2012 No. 1 s 84\n(sec.108-ssec.1) This section applies to an information requirement made of Allconnex that has not been complied with before the end of 30 June 2012.\n(sec.108-ssec.2) On 1 July 2012, the information requirement is taken to have been made of Allconnex’s successor about the same matter.\n(sec.108-ssec.3) In this section— information requirement means a requirement under section 29.","sortOrder":149},{"sectionNumber":"sec.109","sectionType":"section","heading":"Existing orders, decisions, declarations and directions","content":"### sec.109 Existing orders, decisions, declarations and directions\n\nThis section applies to an order, decision, declaration or direction (the action ) under this Act about Allconnex.\nThe action is taken to have been made about Allconnex’s successor on 1 July 2012.\nSubsection (2) does not prevent part 5, division 2 applying to the order.\nIn this section—\nabout includes to and against.\norder includes a judgment under section 42.\ns 109 ins 2012 No. 1 s 84\n(sec.109-ssec.1) This section applies to an order, decision, declaration or direction (the action ) under this Act about Allconnex.\n(sec.109-ssec.2) The action is taken to have been made about Allconnex’s successor on 1 July 2012.\n(sec.109-ssec.3) Subsection (2) does not prevent part 5, division 2 applying to the order.\n(sec.109-ssec.4) In this section— about includes to and against. order includes a judgment under section 42.","sortOrder":150},{"sectionNumber":"sec.110","sectionType":"section","heading":"Amended budget for 2011–12 financial year","content":"### sec.110 Amended budget for 2011–12 financial year\n\nThe energy and water ombudsman may prepare an amended budget for the 2011–2012 financial year to take into account the withdrawn councils becoming scheme participants on 1 July 2012.\nAn advisory council recommendation under section 74(6) is not required for approval of the amended budget.\nIn this section—\n2011–2012 financial year means the financial year beginning on 1 July 2011 and ending on 30 June 2012.\ns 110 ins 2012 No. 1 s 84\n(sec.110-ssec.1) The energy and water ombudsman may prepare an amended budget for the 2011–2012 financial year to take into account the withdrawn councils becoming scheme participants on 1 July 2012.\n(sec.110-ssec.2) An advisory council recommendation under section 74(6) is not required for approval of the amended budget.\n(sec.110-ssec.3) In this section— 2011–2012 financial year means the financial year beginning on 1 July 2011 and ending on 30 June 2012.","sortOrder":151},{"sectionNumber":"sec.111","sectionType":"section","heading":"Withdrawn councils’ user-pays fees for 2012–13 financial year","content":"### sec.111 Withdrawn councils’ user-pays fees for 2012–13 financial year\n\nFor section 68(1) and (4), a withdrawn council is taken to become a scheme participant when this section commences.\nFor section 69—\nthe amended budget under section 110 must be taken into account; and\nthe forecasted costs of the withdrawn council as a scheme participant for the 2012–13 financial year are its share of Allconnex’s likely relevant performance costs under subsection (3).\nThe share is the withdrawn council’s share of participation rights under its participation agreement with Allconnex under the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 immediately before the retransfer under that Act.\nIn this section—\n2012–13 financial year means the financial year beginning on 1 July 2012 and ending on 30 June 2013.\ns 111 ins 2012 No. 1 s 84\n(sec.111-ssec.1) For section 68(1) and (4), a withdrawn council is taken to become a scheme participant when this section commences.\n(sec.111-ssec.2) For section 69— the amended budget under section 110 must be taken into account; and the forecasted costs of the withdrawn council as a scheme participant for the 2012–13 financial year are its share of Allconnex’s likely relevant performance costs under subsection (3).\n(sec.111-ssec.3) The share is the withdrawn council’s share of participation rights under its participation agreement with Allconnex under the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 immediately before the retransfer under that Act.\n(sec.111-ssec.4) In this section— 2012–13 financial year means the financial year beginning on 1 July 2012 and ending on 30 June 2013.\n- (a) the amended budget under section 110 must be taken into account; and\n- (b) the forecasted costs of the withdrawn council as a scheme participant for the 2012–13 financial year are its share of Allconnex’s likely relevant performance costs under subsection (3).","sortOrder":152},{"sectionNumber":"sec.112","sectionType":"section","heading":"References in Acts and other documents","content":"### sec.112 References in Acts and other documents\n\nThis section applies for references in an Act or other document from 1 July 2012.\nA reference to a water entity or scheme participant is taken to include a reference to a withdrawn council.\nA specific reference to Allconnex is taken to be a reference to Allconnex’s successor.\ns 112 ins 2012 No. 1 s 84\n(sec.112-ssec.1) This section applies for references in an Act or other document from 1 July 2012.\n(sec.112-ssec.2) A reference to a water entity or scheme participant is taken to include a reference to a withdrawn council.\n(sec.112-ssec.3) A specific reference to Allconnex is taken to be a reference to Allconnex’s successor.","sortOrder":153},{"sectionNumber":"pt.13","sectionType":"part","heading":"Transitional provision for Electricity Competition and Protection Legislation Amendment Act 2014","content":"# Transitional provision for Electricity Competition and Protection Legislation Amendment Act 2014","sortOrder":154},{"sectionNumber":"sec.113","sectionType":"section","heading":"Scheme participation by retailers and exempt sellers","content":"### sec.113 Scheme participation by retailers and exempt sellers\n\nThis section applies if, immediately before the commencement, a retailer or an exempt seller was a scheme participant under pre-amended section 64.\nThe retailer or exempt seller continues to be a scheme participant after the commencement.\nAn obligation to pay a fee under this Act or any other obligation under this Act that accrued before the commencement continues after the commencement.\nIn this section—\ncommencement means the commencement of this section.\npre-amended section 64 means section 64 as in force immediately before the commencement.\ns 113 ins 2013 No. 42 s 40\nsub 2014 No. 48 s 106\n(sec.113-ssec.1) This section applies if, immediately before the commencement, a retailer or an exempt seller was a scheme participant under pre-amended section 64.\n(sec.113-ssec.2) The retailer or exempt seller continues to be a scheme participant after the commencement.\n(sec.113-ssec.3) An obligation to pay a fee under this Act or any other obligation under this Act that accrued before the commencement continues after the commencement.\n(sec.113-ssec.4) In this section— commencement means the commencement of this section. pre-amended section 64 means section 64 as in force immediately before the commencement.","sortOrder":155}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act started in 2006 as an energy-only ombudsman scheme. By 2010 it was substantially expanded to cover water and wastewater services (inserting sections 6A, 6B, 7A, 7B, 8A, 12A, 18A and related provisions). Subsequent amendments (2014, 2015, 2018, 2020) further extended coverage to eligible non-residential energy customers (medium businesses), prescribed energy entities, and exempt sellers, while also adding privacy complaint functions. The geographic scope of the water provisions is limited to South-East Queensland (distributor-retailers and three named councils), which is a narrower scope than the energy provisions, representing a deliberate policy choice rather than a reduction from original intent."},"complexity_factors":["Multiple overlapping customer categories (small customer energy, small customer water, eligible non-residential energy customer, relevant energy customer, eligible customer) with distinct definitions and eligibility rules","Extensive cross-referencing to at least 15 other pieces of Queensland and national legislation (Electricity Act 1994, Gas Supply Act 2003, NERL (Qld), National Gas (Queensland) Act 2008, Water Act 2000, South-East Queensland Water (Distribution and Retail Restructuring) Act 2009, Information Privacy Act 2009, Privacy Act, Judicial Review Act 1991, Queensland Competition Authority Act 1997, etc.)","Complex tiered jurisdictional exclusions — multiple sections (12, 12A, 12B, 19, 19A) carve out different categories of disputes from the Ombudsman's jurisdiction","Nuanced time-limit rules with a 'later of two events' test and a discretionary extension mechanism","Dual privacy law obligations — both Queensland (Information Privacy Act/QPPs) and Commonwealth (Privacy Act) regimes apply, with special deemed-consent provisions","Distinction between energy entities and prescribed energy entities, with separate rules for on-suppliers, exempt sellers, and special approval holders","Multiple enforcement pathways and finality provisions including Magistrates Court filing, ouster of court jurisdiction (subject to judicial review carve-out), and jurisdictional error savings clause","Significant amendment history (amended at least 10 times between 2008 and 2023) creating layered complexity","Separate procedural tracks for energy disputes vs. water disputes with partly different eligibility rules, restrictions, and remedies","Confidentiality regime for entity documents with multiple conditional disclosure rules"],"plain_english_summary":"This Queensland law creates an independent Energy and Water Ombudsman to provide a free dispute-resolution service for household and small/eligible medium energy customers, certain residential water customers, landowners and covered providers. The Ombudsman investigates complaints informally, can stop disconnections, make binding orders (including compensation and account fixes), and is independent, though it cannot decide pricing, broad contract fairness, large-business disputes or matters already before a court."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act’s scope was expanded beyond an energy‑only ombudsman to cover water disputes and related participants and processes (see s3 purpose; s7A defines water entities; s18A extends referral rights to small water customers). Amendments also added privacy complaint handling (s11) and detailed scheme participation and fee rules for water entities (ss64A, 67A, 97–111), increasing the Office’s remit and funding complexity."},"complexity_factors":["Multiple defined eligibility categories and thresholds (small customer (energy), small customer (water), relevant energy customer, eligible non‑residential customer) creating layered access rules (ss6, 6A, 6C, 6D).","Extensive cross‑references to external statutes, industry codes and the NERL (Qld), requiring alignment with other regulatory frameworks (see ss5, 8, 80).","Detailed fee and funding regime with participation, user‑pays and supplementary fees, invoicing timing, adjustments and interest rules (ss65–71, 69A, 70).","Numerous procedural discretions and exclusionary rules (refusal to investigate, time limits, preliminary inquiries, interim orders) that drive case handling and burden on parties (ss19A, 20, 22–24, 28, 32).","Limits on remedies and caps on compensation plus prohibition on orders that contravene other laws, which require legal assessment before enforcement (ss35–37).","Confidentiality, information‑sharing and privacy rules that restrict disclosure yet permit regulated exchanges with consent or regulators (ss25A, 25B, 29–31, 79–80).","Transitional and amendment provisions transferring functions, participants and existing disputes across institutional changes, adding administrative complexity (pt 9–13, ss85–99, 103–113)."],"plain_english_summary":"This Act establishes an independent Energy and Water Ombudsman to receive, investigate and resolve specified disputes between customers and utility entities (s3, s10–11). Eligible customers may refer disputes; scheme participants (energy and water entities) fund the office via participation and user‑pays fees (s64–65, 68–70). The ombudsman can issue interim orders and limited final orders (including capped compensation) and decisions bind parties if accepted (s32, s35–37, s38–41)."},"issue_detection":{"absurdities":[{"type":"circular_definition","section":"sec.7 (subsections 1 and 2)","severity":"medium","reasoning":"Section 7(1) lists 'prescribed energy entity' as a species of energy entity. Section 7(2) defines 'prescribed energy entity' to include an 'exempt seller'. But s.7(1)(d) already separately lists 'exempt seller' as a type of energy entity. The result is that an exempt seller is simultaneously an energy entity in its own right AND a prescribed energy entity (a subset of energy entity). The definition is internally redundant and potentially circular, since 'prescribed energy entity' is defined partly by reference to a category already captured by the parent definition.","confidence":0.78,"description":"Circular definition: 'prescribed energy entity' is listed as a type of 'energy entity' in s.7(1)(e), but s.7(2) then defines 'prescribed energy entity' as a subset of entities, one of which is an 'exempt seller' — which is also separately listed as a type of 'energy entity' in s.7(1)(d). This creates a situation where 'exempt seller' appears twice in the definition of 'energy entity': once directly (s.7(1)(d)) and once indirectly via 'prescribed energy entity' (s.7(1)(e) read with s.7(2))."},{"type":"impossible_compliance","section":"sec.6C (subsection 1)","severity":"medium","reasoning":"The definition creates a consumption band bounded below by the 'upper consumption threshold' and above by 160MWh/year. The lower bound is defined by reference to an external instrument (NERL (Qld)) that this Act does not control. If the external instrument sets the upper consumption threshold at or above 160MWh, the band collapses and no entity can qualify. The Act contains no fallback or savings provision for this scenario.","confidence":0.72,"description":"Potentially impossible class: the definition of 'eligible non-residential energy customer' requires consumption 'at or above the upper consumption threshold' AND 'at not more than 160MWh a year'. If the 'upper consumption threshold' under the NERL (Qld) equals or exceeds 160MWh, the class of qualifying customers would be empty — no customer could simultaneously satisfy both limbs. The Act provides no safeguard against this outcome."},{"type":"other","section":"sec.22 (subsection 1)(e)","severity":"medium","reasoning":"Section 22(1)(e) creates a ground for refusing investigation where the referrer has an unexhausted right of 'appeal, reference or review, or another remedy'. The illustrative example refers to 'a right under a relevant contract or law of internal review by the energy entity for it to make an insurance claim'. An insurance claim is made by the entity, not the customer; it is not a remedy available to the referrer. The example is logically disconnected from the rule it is meant to illustrate and could cause interpretive confusion about what qualifies as an unexhausted remedy.","confidence":0.8,"description":"The example of 'a right of reference' given in s.22(1)(e) — 'a right under a relevant contract or law of internal review by the energy entity for it to make an insurance claim for the relevant dispute' — is incoherent. An insurance claim made by an energy entity is not a right of the referrer (the customer) to seek internal review, nor does an insurer's internal claims process constitute a dispute resolution right available to the non-entity party. The example does not illustrate the provision it purports to explain."},{"type":"self_contradicting","section":"sec.41 (subsection 6)","severity":"high","reasoning":"Section 41(2)-(4) make an 'accepted order' final, conclusive and unchallengeable. Section 41(6) defines 'accepted order' to include orders affected by jurisdictional error — i.e., orders that are legally void ab initio. A void order cannot logically be 'final and conclusive' as a matter of law, yet the Act treats it as such. The saving reference to the Judicial Review Act 1991 in s.41(3) partially acknowledges this problem but does not resolve it: the definition in s.41(6) actively includes jurisdictionally invalid orders within the binding finality regime, creating an irreconcilable tension between the finality clause and the judicial review saving.","confidence":0.85,"description":"The definition of 'accepted order' in s.41(6) expressly includes 'an accepted order affected by jurisdictional error'. This means an order made without lawful authority is treated as final and conclusive and immune from challenge — yet s.41(3) expressly subjects the provision to the Judicial Review Act 1991. The inclusion of jurisdictionally invalid orders in the definition of 'accepted order' for the purpose of finality and binding effect is internally contradictory: it simultaneously makes void orders binding while preserving judicial review of them."},{"type":"other","section":"sec.12B (subsection 1)(b) and (subsection 2)(b)","severity":"low","reasoning":"The exception in s.12B(2) is explicitly limited to s.12B(1)(c) (matters subject to unfinished proceedings). Section 12B(1)(b) (matters already decided by a proceeding) contains no exception. This is internally consistent on its face, but the reference to 'an order in the proceeding requires the energy and water ombudsman to investigate' is peculiar — once a proceeding is decided, orders requiring the ombudsman to investigate would be unusual and their status unclear. The structure raises interpretive questions without creating a direct logical impossibility.","confidence":0.6,"description":"Section 12B(1)(b) prohibits investigation of 'a matter that has already been decided by a proceeding', yet s.12B(2)(b) provides an exception where 'an order in the proceeding requires the energy and water ombudsman to investigate the matter'. This exception applies only to s.12B(1)(c) (unfinished proceedings), not s.12B(1)(b) (already decided matters). However, if a matter has already been decided, no further order in that proceeding can require the ombudsman to investigate it — the carve-out in s.12B(2)(b) is therefore practically inapplicable to decided matters, but its structural placement creates ambiguity about its scope."},{"type":"self_contradicting","section":"sec.19A (subsection 1)(c) and sec.25B (subsection 2)(a)(i)","severity":"medium","reasoning":"The policy rationale of s.19A(1)(c) is to screen out customers who have not attempted resolution. Yet s.25B deems even these barred customers to have 'made a referral' for invoicing purposes. The result is that the Act imposes a cost consequence (via the user-pays fee mechanism) on a customer who has been found not to have followed the correct pre-referral process. This punishes non-compliant customers financially while the substantive referral is refused — an outcome that undermines the protective purpose of the Act.","confidence":0.75,"description":"Section 19A(1)(c) prohibits a non-entity party from making a referral if the ombudsman is 'reasonably satisfied the party has not made a genuine attempt to resolve the matter'. Section 25B(2)(a)(i) then treats the 'purported or proposed making of a dispute referral' — where the ombudsman advises under s.19A(1)(c) that the referral cannot be made — as triggering deemed consent to disclose customer identifying information for invoicing purposes. This means a customer who is told they cannot make a referral because they have not genuinely tried to resolve the dispute is nonetheless invoiced as though they had made a referral, creating a financial consequence from a failed or barred referral attempt."}],"contradictions":[{"severity":"low","section_a":"sec.16","section_b":"sec.17","confidence":0.55,"description":"Section 16 declares the ombudsman is 'not subject to direction by anyone' about how functions are performed. Section 17 requires the ombudsman to 'consider' advisory council advice in performing functions. While 'considering' advice is not the same as being 'directed', the mandatory obligation to consider advice in s.17(2) sits in tension with the absolute independence declared in s.16, particularly where the advisory council's advice concerns the manner of performing functions — the precise subject matter of the s.16 protection."},{"severity":"medium","section_a":"sec.12 (subsection 1)(b)","section_b":"sec.36","confidence":0.7,"description":"Section 12(1)(b) prohibits the ombudsman from investigating 'the fairness or reasonableness of the terms of a connection contract or retail contract'. Section 36 requires the ombudsman, when making a final order, to consider 'the rights and obligations of the parties under... a contract between the parties'. It is logically impossible to consider contractual rights and obligations in making a final order without in some way evaluating the fairness or reasonableness of those contractual terms, particularly in disputes arising from contract performance."},{"severity":"low","section_a":"sec.28 (subsection 3)(e)","section_b":"sec.31 (subsections 4 and 5)","confidence":0.58,"description":"Section 28(3)(e) requires the ombudsman to 'maintain confidentiality' during investigations. Section 31(5) permits the ombudsman — where the entity's belief of confidentiality is not justified — to disclose the information to the other party. These provisions create a tension: the general confidentiality obligation in s.28(3)(e) could be read as preventing the disclosure that s.31(5) expressly authorises. The Act does not clearly resolve which provision prevails in that circumstance."},{"severity":"medium","section_a":"sec.33 (subsection 3)","section_b":"sec.34","confidence":0.72,"description":"Section 33(3) provides that if the non-entity party starts a proceeding about the relevant dispute, 'the investigation ends'. Section 34(1)(a) provides that s.34 does not apply if 'the investigation has ended under section 22(1) or 33(3)'. However, s.34 is the only mechanism for the ombudsman to make a final order. If a non-entity party starts proceedings (ending the investigation under s.33(3)), no final order can be made under s.34. Yet the non-entity party's right to start proceedings is preserved by s.33(2). The structural result is that a non-entity party who exercises their right under s.33(2) loses all access to ombudsman remedies under s.34-35, with no warning in s.33 of this consequence."},{"severity":"low","section_a":"sec.37 (subsection 3)","section_b":"sec.35 (subsection 1)(a)","confidence":0.55,"description":"Section 35(1)(a) empowers the ombudsman to order the relevant entity to 'pay compensation to the non-entity party'. Section 37(3) caps the total costs or compensation at $20,000 (or a prescribed/agreed higher amount). However, s.37(4) separately provides that a final order 'can not require any of the parties to pay costs of a dispute referral, preliminary inquiry or investigation'. The term 'costs' in s.37(4) is undefined and could be read to encompass some forms of compensation or reimbursement ordered under s.35(1)(a), creating ambiguity about whether certain remedial payments constitute prohibited 'costs' or permissible 'compensation'."},{"severity":"low","section_a":"sec.19 (subsection (d))","section_b":"sec.18 (subsection 2)","confidence":0.62,"description":"Section 18(2) provides that s.18 'continues to apply even if the relevant entity stops being an energy entity after the performance of the relevant function', preserving the right to refer disputes against former energy entities. Section 19(d) then bars referrals where 'the relevant entity has stopped being an energy entity for more than 12 months'. The interplay creates a time-limited preservation that is internally inconsistent: s.18(2) appears to grant an ongoing right, while s.19(d) imposes a hard cutoff that effectively extinguishes it after 12 months. The provisions pull in opposite directions without a clear reconciliation mechanism."}]},"kimi_summary":{"_metrics":{"completionTokens":703},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act significantly expanded from its original 2006 energy-only scope. The 2010 amendments added water services (South-East Queensland distributor-retailers and councils), renamed the office from 'Energy Ombudsman' to 'Energy and Water Ombudsman', and added privacy complaint functions. The 2012 amendments dealt with council water service restructuring. Later amendments (2015, 2018, 2020) further expanded coverage to non-residential energy customers and prescribed energy entities."},"complexity_factors":["Multiple overlapping definitions of 'customer' across energy and water sectors (small customer, eligible customer, relevant energy customer, eligible non-residential energy customer)","Extensive cross-referencing to other Queensland energy Acts (Electricity Act 1994, Gas Supply Act 2003, NERL) and water legislation","Nested exceptions to jurisdiction in sections 12, 12A, 12B, 19, and 19A","Complex fee structure with participation fees, user-pays fees, supplementary fees, and prescribed energy entity exceptions","Detailed transitional provisions spanning multiple amending Acts (2010, 2012, 2014, 2015, 2018, 2020)","Conditional enforcement mechanisms with 21-day acceptance windows and Magistrates Court filing procedures","Privacy and confidentiality protections with multiple exceptions and cross-references to Information Privacy Act 2009"],"plain_english_summary":"This Queensland Act creates an **Energy and Water Ombudsman** — an independent body that helps resolve disputes between customers and their energy or water providers.\n\n**Who can use it:**\n- **Energy customers**: Small residential customers, eligible non-residential businesses (using up to 160MWh/year), and customers of prescribed energy entities\n- **Water customers**: Small water customers in South-East Queensland (served by distributor-retailers or certain councils)\n- **Land occupiers**: People disputing energy company access to their land\n\n**What disputes are covered:**\n- Billing problems, connection/disconnection issues, security deposits\n- Service quality and reliability\n- Vegetation management (tree clearing near powerlines)\n- Privacy complaints about energy/water companies\n- Disputes about whether a company must provide services\n\n**What the Ombudsman can do:**\n- Receive complaints, investigate, and try to resolve disputes through negotiation or mediation\n- Make **final orders** requiring companies to: pay compensation (up to $20,000–$50,000), fix records, provide services, or stop certain actions\n- Issue **interim orders** to stop disconnections during investigations\n- Identify systemic problems and report them\n\n**Key limits:**\n- Cannot set or review prices/tariffs\n- Cannot deal with government concession disputes\n- Cannot override court decisions or ongoing legal proceedings\n- Must accept final orders within 21 days or they're void\n\n**How it's funded:**\nEnergy and water companies (\"scheme participants\") pay annual **participation fees** and **user-pays fees** based on complaint volumes. The Ombudsman operates independently, with an advisory council overseeing governance.\n\n**Why it matters:**\nIt gives ordinary Queenslanders a free, independent way to resolve disputes with powerful utility companies without going to court — and can force companies to fix problems or pay compensation."}},"importantCases":[],"_links":{"self":"/api/acts/energy-and-water-ombudsman-act-2006","history":"/api/acts/energy-and-water-ombudsman-act-2006/history","analysis":"/api/acts/energy-and-water-ombudsman-act-2006/analysis","conflicts":"/api/acts/energy-and-water-ombudsman-act-2006/conflicts","importantCases":"/api/acts/energy-and-water-ombudsman-act-2006/important-cases","documents":"/api/acts/energy-and-water-ombudsman-act-2006/documents"}}