sec.28Investigation procedure

sec.28 Investigation procedure

Unless this Act otherwise provides, the energy and water ombudsman may regulate the procedure for an investigation in the way the ombudsman considers appropriate. However, if practicable, the procedure must be one that uses mediation or negotiation to attempt to resolve the dispute before the investigation is finished. 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. 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 . The energy and water ombudsman must develop and make guidelines on procedures to be followed for dispute referrals and investigations. However, before making or amending the guidelines, the energy and water ombudsman must consult with the advisory council. s 28 amd 2010 No. 53 s 3 sch 1 (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. (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. (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. (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 . (sec.28-ssec.5) The energy and water ombudsman must develop and make guidelines on procedures to be followed for dispute referrals and investigations. (sec.28-ssec.6) However, before making or amending the guidelines, the energy and water ombudsman must consult with the advisory council.