96BEnergy ombudsman scheme

#### 96B Energy ombudsman scheme 96B Energy ombudsman scheme > > (1) The Minister may approve an energy ombudsman scheme for the purposes of this Act, the [National Energy Retail Law (NSW)](/view/html/inforce/current/act-2012-37a), the [Gas Supply Act 1996](/view/html/inforce/current/act-1996-038), regulations or rules under those Acts or that Law and any other law prescribed by the regulations for the purposes of this section. > > > (1A) The scheme may provide for the appointment of an energy ombudsman to deal with the following— > > > > > (a) matters that are to be dealt with by the energy ombudsman under the [National Energy Retail Law (NSW)](/view/html/inforce/current/act-2012-37a), > > > > > (b) disputes and complaints between small customers and exempt sellers or other persons exempted from the [National Energy Retail Law (NSW)](/view/html/inforce/current/act-2012-37a), this Act or the [Gas Supply Act 1996](/view/html/inforce/current/act-1996-038) in relation to the supply of electricity or gas, > > > > > (c) disputes and complaints between small customers and retailers or distributors under this Act, > > > > > (d) disputes and complaints between small customers and reticulators under the [Gas Supply Act 1996](/view/html/inforce/current/act-1996-038), > > > > > (e) (Repealed) > > > > > (f) any other disputes and complaints of such classes as are prescribed by the regulations or specified under any other Act or law. > > > (2) Before approving such a scheme, the Minister must be satisfied that the scheme meets the following objectives— > > > > > (a) that all licence holders, exempt sellers and retailers who are required to be members of the scheme are members of the scheme, have agreed to be bound by decisions of the energy ombudsman under the scheme and, as members, are so bound, > > > > > (b) that the scheme has satisfactory arrangements in place to deal with all disputes and complaints referred to in subsection (1A), > > > > > (c) that the energy ombudsman will be able to operate independently of all licence holders, exempt sellers and retailers in exercising functions under the scheme, > > > > > (d) that the scheme will be accessible to small customers and other customers prescribed by the regulations, > > > > > (e) that membership of the scheme will be accessible to all potential members and will provide appropriate representation for all members in relation to the scheme’s governing body, > > > > > (f) that, without limiting any other application of the scheme, the scheme will apply to all disputes and complaints arising under customer connection contracts and customer retail contracts relating to small customers, > > > > > (g) that the scheme will operate expeditiously and without cost to small customers and to other persons of such classes as are prescribed by the regulations, > > > > > (h) that the scheme will allow customers to choose whether or not they wish to be bound by determinations under the scheme, > > > > > (i) that the scheme will satisfy best practice benchmarks for schemes of a similar kind, both in terms of its constitution and procedure and in terms of its day to day operations, > > > > > (j) that the scheme will provide for a monetary limit on claims covered by the scheme of an amount or amounts approved by the Minister, > > > > > (k) that the scheme will maintain the capacity of the energy ombudsman, where appropriate, to refer disputes or complaints to other forums, > > > > > (l) that the scheme will require the energy ombudsman to inform the Minister of substantial breaches of licence or other authorisation conditions under, or breaches of, this or any other Act or other law covered by the scheme, > > > > > (m) such other objectives as are prescribed by the regulations. > > > (3) A scheme may treat a failure to make a decision within a specified period as a decision of a particular kind. > > > (4) The Minister may at any time revoke an approval under this section. > > > (5) If a dispute or complaint involving a person other than the holder of the licence or retailer is prescribed as a dispute or complaint to which an approved scheme may apply, the regulations may make it an offence for the person to fail to comply with a decision of the energy ombudsman under the scheme. > > > (6) Notice of any approval given by the Minister under this section, and of the revocation of any such approval, is to be published in the Gazette. > > > (7) Subject to this section, the same scheme may be approved for the purposes of both this Act and any other Act or law. > > > (8) In subsections (2) and (5)— > > > > retailer includes a reticulator within the meaning of the [Gas Supply Act 1996](/view/html/inforce/current/act-1996-038). > > > > small customer includes a small customer within the meaning of the [Gas Supply Act 1996](/view/html/inforce/current/act-1996-038). > > **s 96B:** Ins 2000 No 109, Sch 1 \[56\]. Am 2001 No 18, Sch 2 \[5\]–\[7\]; 2012 No 38, Sch 1 \[87\]–\[97\]; 2015 No 36, Schs 3 \[17\]–\[19\], 6.2 \[4\]–\[9\].