sec.19AGeneral restrictions on disputes that can be referred

sec.19A General restrictions on disputes that can be referred

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. 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. s 19A ins 2010 No. 53 s 18 (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. (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.

• (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;
• (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;
• (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;