This Act establishes an Energy Ombudsman to receive, investigate and resolve complaints about the sale and supply of gas and electricity, including the power to make binding awards (subject to monetary caps), require information, and refer complex matters to the Regulator or courts. It affects complainants, energy entities (suppliers, retailers and licensees) and the Tasmanian Regulator. The Act also requires the Ombudsman to prepare budget guidelines and an annual budget that allocates the administration costs to energy entities, with a process to review disputed apportionments.
This Act establishes the Energy Ombudsman scheme for complaints about the sale and supply of gas and electricity in Tasmania, sets the Ombudsman’s functions and powers, defines procedures for complaints, investigations and outcomes, and provides financial and administrative arrangements for running the scheme.
Mechanically, the Act does the following (selective, source-grounded list):
Creates an Ombudsman function with specific statutory powers and duties: to receive, investigate and resolve complaints, make awards and register agreements as awards, identify and review systemic issues arising from complaints, and assist energy entities to develop complaint‑handling procedures (s 5(1)(a)-(f); s 5(3)).
Sets who can complain: any person with a grievance concerning services, or the sale and supply, of gas or electricity by an energy entity (s 6). “Energy entity” is defined broadly to include electricity entities under the Electricity Supply Industry Act 1995, retailers and exempt sellers under the National Energy Retail Law (Tasmania), certain sellers under the National Energy Retail Law (Tasmania) Act 2012, and gas licensees under the Gas Industry Act 2019 (s 3).
Prescribes complaint formality and intake processes: complaints are generally to be in writing, signed, with name and address and particulars, but the Ombudsman may accept otherwise non‑complying complaints (s 7). The Ombudsman may require further information and verify by statutory declaration (s 8).
Gives investigation powers: the Ombudsman may dismiss, refer or investigate complaints (s 10); may require production of information and documents, and attendance to answer questions (s 16); may examine witnesses under oath (s 17); and conducts investigations in a manner the Ombudsman considers appropriate (s 14). The Ombudsman must act independently and impartially (s 5(3)).
Current sections
Direct links to the current provisions in Energy Ombudsman Act 1998.
(e) to perform any other functions imposed on the Ombudsman by this Act;
(f) to perform any other prescribed functions.
(2) The Ombudsman has power to do all things necessary or convenient to be done in connection with the performance and exercise of his or her functions and powers under this Act.
(3) In performing and exercising his or her functions and powers, the Ombudsman must act independently, impartially and in the public interest.
(d) disclose the name and address of the complainant; and
(e) contain the details of the grievance.
(2) A complaint for and on behalf of a complainant may be made by a person authorised by the complainant.
(3) The Ombudsman may accept a complaint that does not comply with subsection (1) .
8
Further information may be required
8 Further information may be required
(1) The Ombudsman may, at any time, require a complainant –
(a) to provide further information or documents; or
(b) to verify all or any part of the complaint by statutory declaration.
(2) When making a requirement under subsection (1) , the Ombudsman must specify a reasonable period of time within which the requirement is to be satisfied.
(3) The Ombudsman may extend the period specified under subsection (2) , whether before or after its expiry.
9
Withdrawal of complaint
9 Withdrawal of complaint
A complainant may withdraw a complaint at any time by notifying the Ombudsman in writing of the withdrawal or, if the Ombudsman agrees, by oral or other notice.
10 Determining whether to investigate complaint, &c.
(1) On receipt of a complaint, the Ombudsman –
(a) may dismiss the complaint and recommend that proceedings be commenced in a court of competent jurisdiction if satisfied that the matters raised by the complaint are of such nature or complexity that they would be more appropriately dealt with by that court; or
(d) must investigate the complaint in any other case.
(2) Subsection (1)(c) does not apply if the Ombudsman is satisfied that the complainant had good reason for not making the complaint within 2 years of becoming aware of the circumstances that gave rise to it.
(3) Before determining the course of action to be taken under subsection (1) , the Ombudsman may make enquiries and obtain information that the Ombudsman considers necessary or appropriate.
(e) for any other reason is susceptible to being dealt with in separate parts.
(2) If it is administratively or otherwise convenient to do so, the Ombudsman may determine that a complaint to which this section applies be treated as 2 or more complaints.
12
Limitation on commencing proceedings
12 Limitation on commencing proceedings
(1) [Section 12 Subsection (1) amended by No. 40 of 2004, s. 12, Applied:01 Jan 2005] If the Ombudsman has commenced an investigation on receipt of a complaint, the energy entity is not entitled to commence proceedings in any court in respect of a matter raised by, or likely to be raised by, the complaint or the investigation.
The powers conferred by this Division may be exercised only for the purposes of an investigation.
14
Conduct of investigation
14 Conduct of investigation
An investigation is to be conducted in such manner as the Ombudsman considers appropriate.
15
Representation
15 Representation
A person required to appear or to produce documents under this Division may be assisted or represented by another person.
16
Obtaining and use of information
16 Obtaining and use of information
(1) If the Ombudsman has reason to believe that a person is capable of providing information or producing a document relevant to an investigation, the Ombudsman may, by notice in writing provided to the person, require the person to do one or more of the following:
(a) to provide that information to the Ombudsman in writing signed by that person or, in the case of a body corporate, by an officer of the body corporate;
(b) to produce that document to the Ombudsman;
(c) to attend before the Ombudsman or an officer as specified in the notice and provide information by answering questions relevant to the investigation.
(2) A notice referred to in subsection (1) is to specify the period within which, or the time, day and place at which, the person is required to provide the information or document or attend to answer questions.
(3) Nothing in subsection (1) authorises the Ombudsman to require the provision of exempt information or that part of a document containing exempt information.
(4) Where a document is produced in accordance with a requirement under this section, the Ombudsman may take possession of, make copies of, or take extracts from, the document.
(5) A person must comply with a requirement under subsection (1) .
Penalty: Fine not exceeding 50 penalty units.
17
Power to examine witnesses, &c.
17 Power to examine witnesses, &c.
(1) The Ombudsman, or an officer who is to receive information under section 16(1) , may administer an oath or affirmation to a person required to attend before him or her under this Division and may examine the person on oath or affirmation.
(2) The Ombudsman may require a person to verify by statutory declaration –
(a) any information or document produced under this Division; or
(b) a statement that the person has no relevant information or documents or no further relevant information or documents.
(3) A person must comply with a requirement under subsection (2) .
Penalty: Fine not exceeding 50 penalty units.
18
Reimbursement of expenses
18 Reimbursement of expenses
A person required to attend before the Ombudsman or another person under this Division is entitled to be paid the expenses and allowances –
(a) that are prescribed; or
(b) if none are prescribed, that the Ombudsman determines.
19
Reference to another authority for investigation
19 Reference to another authority for investigation
(2) If the Ombudsman considers that a matter raised by, or during the course of, an investigation is of such nature or complexity that it would be more appropriately dealt with by a court of competent jurisdiction, the Ombudsman may recommend that proceedings be commenced in that court.
Division 3
Miscellaneous
Division 3 Miscellaneous
20
Matters concerning reference to another authority
20 Matters concerning reference to another authority
(2) The fact that a complaint has been dismissed does not prejudice the right of the complainant to commence proceedings in any court in respect of any matter raised by the complaint or investigation.
(1) The complainant may decide whether or not to accept an award made under section 21(c) .
(2) Within 21 days after receiving the copy of the award, the complainant must notify the Ombudsman, in writing, whether or not the complainant accepts the award.
(3) If the Ombudsman does not receive the notice referred to in subsection (2) within the time specified in that subsection, the Ombudsman must require the complainant to provide that notice to the Ombudsman within 14 days after receiving the requirement.
(4) The requirement is to –
(a) be in writing; and
(b) advise the complainant that if the complainant fails to comply with the requirement –
(i) the award is taken to have been accepted; and
(ii) the complainant may not then commence proceedings in any court in respect of any matter raised by the investigation of the complaint.
(5) If the complainant fails to comply with a requirement within the period specified in subsection (3) , the complainant is taken to have accepted the award.
(6) If the Ombudsman registers an agreement as an award under section 21(b) , the award is accepted by the complainant.
(3) Once an award is accepted, the complainant is not entitled to commence proceedings in any court in respect of any matter raised by the investigation of the complaint.
(4) A court must dismiss proceedings commenced in contravention of subsection (3) .
(a) any person who, under a law of Tasmania, another State, a Territory or the Commonwealth, has a function exercisable in relation to a matter raised in the report; and
(e) any other person the Ombudsman considers appropriate.
(4) Subject to section 30 , a report may contain information, comments, opinions and recommendations for action.
30
Adverse comment in reports
30 Adverse comment in reports
(1) The Ombudsman must not include in a report under this Act a comment adverse to a person identifiable from the report except where the person has been given a reasonable opportunity –
(a) to make a submission to the Ombudsman in relation to the proposed comment; and
(b) to provide to the Ombudsman a written statement in relation to it.
(2) If a person referred to in subsection (1) so requests, the Ombudsman must include in the report the statement given under subsection (1)(b) or a fair summary of it.
(3) The Ombudsman is not required to provide to a person the opportunity referred to in subsection (1) if the Ombudsman believes, on reasonable grounds, that awareness of the proposed comment by any person would be likely to result in action that would prejudice an investigation.
Part 6
Miscellaneous
Part 6 Miscellaneous
31
Preservation of confidentiality
31 Preservation of confidentiality
(1) A person must not record, disclose or use confidential information gained by the person through involvement in the administration of this Act, unless the person does so –
(a) when necessary for the purposes of this Act; or
(b) when expressly authorised or required under this or another Act; or
(c) when expressly authorised or required under the regulations; or
(d) when expressly authorised, in writing, by the person to whom it relates.
Penalty: Fine not exceeding 50 penalty units.
(2) Except where it is necessary to do so for the purposes of this Act, a person is not required –
(a) to disclose confidential information gained by the person through involvement in the administration of this Act to a court or tribunal; or
(b) to produce that part of a document that contains confidential information gained by the person through involvement in the administration of this Act to a court or tribunal.
(3) For the purposes of this section, a person gains information through involvement in the administration of this Act if the person gains the information –
(a) in the course of the involvement; or
(b) because of opportunity provided by the involvement.
(4) This section does not apply to the recording, disclosure or use of statistical or other information that could not reasonably be expected to lead to the identification of any person.
Without reasonable excuse, a person must not obstruct, hinder, resist or improperly influence, or attempt to obstruct, hinder, resist or improperly influence, the Ombudsman or an officer in the performance or exercise of a function or power under this Act.
Penalty: Fine not exceeding 50 penalty units.
34
Offences relating to provision of information, &c.
34 Offences relating to provision of information, &c.
(1) Without reasonable excuse, a person who is required to do so under this Act must not refuse or fail –
(a) to attend before a person for the purpose of providing information; or
(b) to be sworn or make an affirmation; or
(c) to provide information by answering a question or otherwise; or
(d) to produce a document.
Penalty: Fine not exceeding 50 penalty units.
(2) A person must not –
(a) provide to the Ombudsman or an officer who is performing or exercising a function or power under this Act information that the person knows is false or misleading in a material particular; or
(b) refuse or fail to include in information provided to the Ombudsman or an officer who is performing or exercising a function or power under this Act other information without which the information provided is, to the knowledge of the person, false or misleading in a material particular.
Penalty: Fine not exceeding 50 penalty units.
(3) A person must not provide to the Ombudsman or an officer performing or exercising a function or power under this Act a document containing information that the person knows is false or misleading in a material particular without –
(a) indicating that the document is false or misleading and the manner in which it is false or misleading; and
(b) giving correct information if the person has, or can reasonably obtain, the correct information.
Penalty: Fine not exceeding 50 penalty units.
(4) Without limiting subsection (1) , it is a reasonable excuse to refuse or fail to provide information by answering a question or otherwise or to produce the whole or part of a document if to do so would disclose or provide exempt information.
(5) A person is not liable to any penalty under the provisions of any other Act because the person, when required to do so under this Act –
(a) provided information that is not exempt information; or
(b) produced a document that does not contain exempt information; or
(c) answered a question if the answer does not disclose exempt information.
35
Proceedings for offence
35 Proceedings for offence
Proceedings for an offence against this Act are to start –
(a) within 6 months after the commission of the offence; or
(b) within 6 months after the offence comes to the knowledge of the Ombudsman.
36
Evidence
36 Evidence
(1) In any proceeding, a certificate purporting to be that of the Ombudsman stating that a person is a delegate in relation to a power specified in the certificate or is an officer is evidence of that matter.
(2) In any proceeding, a certificate purporting to be that of the Ombudsman or of another person referred to in subsection (1) stating that the Ombudsman or the person has made or taken a decision, step or action or that a document is held by or was provided to the Ombudsman or the person is evidence of those matters.
37
Informality of procedures
37 Informality of procedures
(1) In performing functions and exercising powers under this Act, the Ombudsman and all officers must have regard to the rules of natural justice.
(2) Subject to subsection (1) , the Ombudsman and each officer –
(a) must proceed with as little formality and technicality and with as much expedition as the requirements of this Act and a proper consideration of the matter permit; and
(b) are not bound by the rules of evidence but may inform himself or herself of any matter in any manner that he or she considers appropriate.
38
Providing documents
38 Providing documents
A document is effectively provided to a person under this Act if –
(a) in the case of a natural person, it is –
(i) given to the person; or
(ii) left at, or sent by post to, the person's postal or residential address or place or address of business or employment last known to the provider of the document; or
(iii) sent by way of facsimile transmission to the person's facsimile number; and
(b) in the case of any other person, it is –
(i) left at, or sent by post to, the person's principal or registered office or principal place of business; or
(ii) sent by way of facsimile transmission to the person's facsimile number.
(1) The Ombudsman is to prepare guidelines relating to the processes to be followed in preparing a budget in respect of the costs of administering this Act.
(2) At any time, the Ombudsman may vary the guidelines or revoke the guidelines and substitute new guidelines.
(3) In preparing, varying or revoking and substituting guidelines, the Ombudsman is to consult with the following persons:
(d) any other person the Ombudsman considers appropriate to consult.
(4) The Ombudsman is to issue the guidelines, any variations to the guidelines and any revocation and substitution of the guidelines by –
(a) providing a copy of the guidelines, variation or revocation and substituted guidelines to each of the persons mentioned in subsection (3)(a) , (b) and (c) ; and
(b) publishing the guidelines, variation or revocation and substituted guidelines in the Gazette.
(1) Before 31 March in each calendar year, the Ombudsman is to prepare and publish a budget in respect of the costs of administering this Act for the financial year commencing on the next following 1 July.
(2) The budget is to be prepared by the Ombudsman –
(a) in accordance with the budget guidelines; and
(b) in consultation with all energy entities.
(3) The budget is to specify –
(a) the portion of the costs of administering this Act to be borne by each energy entity; and
(b) the period within which, or the times at which, each energy entity is to pay that portion of the costs; and
(c) the manner in which each energy entity is to pay that portion of the costs.
(4) For the purposes of subsection (1) , the Ombudsman is to publish the budget by –
(1) If an energy entity disagrees with the apportionment of costs to be borne by the energy entities specified in the budget, it may apply for a review of that apportionment within 14 days after receiving a copy of the budget.
(2) An application is to be made in writing to the Ombudsman.
(3) As soon as practicable after the end of the 14 day period in which applications for a review of the apportionment of costs may be made under subsection (1) , the Ombudsman is to provide each energy entity with a copy of all applications made under that subsection.
(4) Within 14 days after receiving a copy of an application, an energy entity may make written submissions in respect of the application to the Ombudsman.
(8) On the making of a determination under subsection (6) , the Regulator is to –
(a) provide to the Ombudsman and all energy entities a copy of the determination and, if the apportionment of costs is varied, a copy of the budget as amended by the variation of the apportionment of costs; and
(b) publish in the Gazette the determination and, if the apportionment of costs is varied, the budget as amended by the variation of the apportionment of costs.
39C
Energy entities to pay costs of administering Act
39C Energy entities to pay costs of administering Act
(1) The costs of administering this Act are to be met by all energy entities in such portions as are specified in the budget, or the budget as amended, published in the Gazette under section 39A(4) or 39B(8) .
(2) The portion of costs to be met by an energy entity must be paid to the Ombudsman within the period or at the times, and in the manner, specified in the budget or budget as amended.
(3) If the whole or any part of an amount payable under this section by an energy entity to the Ombudsman is due and unpaid, that whole or part amount may be recovered as a debt due to the Ombudsman in a court of competent jurisdiction.
40
Regulations
40 Regulations
(1) The Governor may make regulations for the purposes of this Act.
(2) Without limiting the generality of subsection (1) , the regulations may make provision in respect of the following matters:
(d) the resolution of a complaint, the making of an award and any other matter arising from the completion of an investigation.
(3) Regulations may be made so as to apply differently according to matters, limitations or restrictions specified in the regulations.
(4) The regulations may –
(a) provide that a contravention of, or a failure to comply with, any of the regulations is an offence; and
(b) in respect of such an offence, provide for the imposition of a fine not exceeding 20 penalty units and, in the case of a continuing offence, a further fine not exceeding 2 penalty units for each day during which the offence continues.
(5) The regulations may prescribe expenses and allowances payable to witnesses under this Act by reference to similar expenses and allowances payable to persons attending as witnesses before a court specified in the regulations.
(2) Despite the amendments to this Act effected by the Electricity Ombudsman Amendment Act 2004 , this Act as in force immediately before the commencement of that Act continues to apply in respect of –
(a) the financial year ending on 30 June 2005; and
(b) the functions and powers of the Ombudsman and Regulator under this Act during and in respect of that financial year; and
(c) the making and investigation of complaints, the action taken following such an investigation, including the making of awards, and the reporting of such an investigation; and
(d) the costs of administering this Act during that financial year; and
(e) the obligations and powers of each electricity entity under this Act, including the obligation to pay the portion of the costs of administering this Act during that financial year as determined by the Regulator.
Sourced from Tasmanian Legislation Online (legislation.tas.gov.au), CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
1 Short title
1 Short title
[Section 1 Amended by No. 40 of 2004, s. 5, Applied:01 Jan 2005] This Act may be cited as the Energy Ombudsman Act 1998 .
2 Commencement
2 Commencement
This Act commences on the day on which this Act receives the Royal Assent.
3 Interpretation
3 Interpretation
In this Act, unless the contrary intention appears –
award means an award made under section 21(c) or an agreement registered as an award under section 21(b) ;
[Section 3 Amended by No. 40 of 2004, s. 6, Applied:01 Jan 2005]budget guidelines means the guidelines prepared and published under section 39 , as varied or substituted from time to time;
complainant means a person who makes a complaint;
complaint means a complaint made under section 7 ;
comply with includes not contravene;
confidential information includes –
(a) information about the identity, occupation or whereabouts of the complainant or of any person who assists an investigation; and
(b) information disclosed by a complaint; and
(c) information of personal concern to an individual; and
(d) information that, if disclosed, may cause detriment to a person;
[Section 3 Amended by No. 40 of 2004, s. 6, Applied:01 Jan 2005][Section 3 Amended by No. 20 of 2013, s. 33, Applied:20 Jun 2013]
Provides remedies and outcomes: the Ombudsman may dismiss complaints, register agreements as awards, make awards (which can require compensation, corrective work, cancellation or amendment of charges, records corrections, or other acts) (s 21; s 23). Awards have monetary caps and procedural acceptance rules (s 23(2)-(5); s 25).
Sets enforcement and limits on court proceedings: if an investigation has commenced, the energy entity may not commence court proceedings in respect of matters raised by the complaint; courts must dismiss contravening proceedings and award costs against the energy entity (s 12). Once an award is accepted by the complainant it is binding on the energy entity, limits appeals (only on a question of law), precludes the complainant from commencing further court proceedings on the same matter, and can be filed in court and enforced as an order (s 26; s 27).
Allocates scheme costs to energy entities: the Ombudsman prepares budget guidelines and an annual budget specifying each energy entity’s share, with consultation obligations and a review route to the Regulator if an entity disputes apportionment; amounts unpaid are recoverable as a debt (s 39; s 39A; s 39B; s 39C).
Contains confidentiality, information‑sharing and offence provisions: confidentiality obligations (s 31), permitted exchange of information with the Regulator and other bodies (s 32), and criminal penalties for obstruction, refusal to provide information, or providing false information, with specified penalty units (ss 33-34).
The Act also provides machinery on referral and cooperation with the Tasmanian Economic Regulator and other statutory bodies (ss 9A, 10(1)(b), 19-20), procedural informality subject to natural justice (s 37), and regulation‑making powers (s 40).
The Act binds the Crown (s 4) and places administration with the Minister for Justice and the Department of Justice pending an administrative order (s 42). Several amendment notes are embedded in the text identifying changes in 2004, 2012, 2013, 2015, and 2019; the schedule notes consequential amendments to the Electricity Supply Industry Act 1995 and the Ombudsman Act 1978 (Sch 1; s 43).
Main concepts
Core statutory concepts and definitions structure who participates, how complaints move, what remedies are available and how the scheme is paid for.
Energy entity (s 3). Central to the Act; the term captures electricity entities (per Electricity Supply Industry Act 1995), retailers and exempt sellers under the National Energy Retail Law (Tasmania), persons to whom s 23 of the National Energy Retail Law (Tasmania) Act 2012 applies, and gas licensees under the Gas Industry Act 2019. The inclusive definition determines which commercial actors are subject to investigations, awards, cost shares and enforcement mechanisms throughout the Act (see, for example, ss 6, 16, 23, 39C).
Complaint, complainant, investigation (ss 3, 6, 7, 10). “Complaint” is a complaint made under s 7; “complainant” is a person who makes a complaint. A complaint concerns grievance against an energy entity about services or sale and supply of gas/electricity. The Ombudsman’s threshold decision on whether to investigate, dismiss or refer the complaint is governed by s 10, which lists mandatory dismissal grounds (including lack of substance, vexatiousness, limitation period, prior adjudication, or concurrent court proceedings), discretionary referral to the Regulator/tribunal/other person where another law provides primary jurisdiction, and an obligation to notify parties within 14 days of a determination (s 10(1), (3), (5)).
Awards and agreements (Part 4, Div 2). An award is a formal outcome that can require compensation, goods/services, fee amendments/waivers, corrective work, record corrections or other acts (s 23(1)). Monetary limits apply: default cap $20,000, or $50,000 where the energy entity has agreed (s 23(2)). The Ombudsman may also register an agreement as an award (s 21(b)). Awards accepted by complainants become binding on energy entities (s 26(1)) and can be filed as court orders for enforcement (s 27).
Procedural and evidentiary powers (Part 3, Div 2). The Ombudsman may require persons to provide information, produce documents, and attend to answer questions (s 16). Notices must specify times and places (s 16(2)). The Ombudsman cannot compel production of “exempt information” to the extent it is exempt (s 16(3); s 34(4) recognises exempt information as a reasonable excuse). Documents produced may be retained, copied or extracted (s 16(4)). The Ombudsman or authorised officer may administer oaths and take statutory declarations (s 17).
Confidential information (s 3; s 31). The Act defines “confidential information” (s 3) and makes it an offence to record, disclose or use it except for specified purposes, with penalties (s 31). The Act also provides restrictions on compelled disclosure to courts/tribunals where not necessary and preserves use of anonymised statistical material (s 31(2)-(4)).
Budget and cost apportionment (ss 39, 39A-39C). The Ombudsman must prepare budget guidelines (s 39) and an annual budget (s 39A) detailing each energy entity’s portion of scheme costs, timing and payment method; energy entities may apply to review apportionment and the Regulator may determine disputes (s 39B). Costs of administering the Act are to be borne by energy entities as specified in the published budget and are recoverable as debt if unpaid (s 39C).
Interaction with the Regulator and referral paths (ss 9A, 10, 19-20, 32). The Regulator may refer matters to the Ombudsman with consent of parties (s 9A). The Ombudsman may refer matters to the Regulator, tribunals or other bodies if those bodies have primary jurisdiction, and must consult the recipient before doing so (s 10(1)(b); s 19(1); s 20(1)). Information sharing is expressly allowed between Ombudsman and Regulator/other bodies (s 32).
Offences and penalties (ss 16, 17, 31-35). Several offences carry fines up to 50 penalty units for refusal to comply with information‑gathering or giving false information (ss 16(5); 17(3); 34), obstruction offences (s 33) and preservation of confidentiality (s 31). Regulations may create offences with fines up to 20 penalty units and continuing offence daily fines (s 40).
Procedural informality and natural justice (s 37). The Ombudsman and officers must have regard to natural justice but proceed with as little formality and technicality as consistent with proper consideration of the matter and may not be bound by the rules of evidence.
These concepts create a scheme where the Ombudsman is the investigator, decision‑maker and administrative enforcer subject to statutory constraints and avenues of referral and review, while the Regulator has a defined role in resolving cost allocation disputes and may be the primary investigator for matters under its statutory remit.
Who it affects
The Act’s objects and definitions identify three principal groups affected: complainants (members of the public), energy entities (commercial sellers and suppliers of gas and electricity), and public authorities with regulatory or investigatory roles.
Complainants (s 6; s 7). Any person who has a grievance about the sale or supply of gas or electricity by an energy entity may make a complaint (s 6). Complainants are required to provide certain particulars when lodging complaints (s 7(1)), but the Ombudsman has discretion to accept complaints that do not comply (s 7(3)). Complainants retain the choice whether to accept an award (s 25(1)), and acceptance has legal consequences (s 26).
Energy entities (s 3; s 6; s 23; s 39C). The Act’s principal operational burden falls on energy entities, defined expansively to include electricity entities under the Electricity Supply Industry Act 1995, retailers and exempt sellers under the National Energy Retail Law (Tasmania), persons subject to s 23 of the National Energy Retail Law (Tasmania) Act 2012, and gas licensees under the Gas Industry Act 2019 (s 3). Energy entities are the primary respondents to complaints: they must receive notice if a complaint is to be investigated (s 10(5)(b)); they are required to comply with information‑gathering notices (s 16(1)-(5)); they may be required by award to pay compensation, provide goods or services, amend or waive charges, undertake corrective work, correct records, or cease or do acts (s 23(1)); and they are the parties required to pay the administrative costs of the scheme per the annual budget (s 39C(1)-(3)). Energy entities may also be subject to awards of costs (s 24).
The Ombudsman and staff (s 5; s 3). The Ombudsman is established as an independent decision‑maker with broad investigatory powers (s 5(1)-(3); s 14). Officers appointed or made available under the Ombudsman Act 1978 act under this Act (s 3 “officer”).
The Tasmanian Economic Regulator and other bodies (ss 9A, 10(1)(b), 19-20, 32). The Regulator is identified as a statutory counterpart: the Regulator can refer disputes to the Ombudsman (s 9A), receive referrals from the Ombudsman and may determine budget apportionment disputes (s 39B(6)-(8)). The Ombudsman must consult the Regulator before referring matters (s 20(1)) and must provide documents when referring matters (s 20(2)). Information exchange is authorised between the Ombudsman and the Regulator and other referral recipients (s 32).
Courts and tribunals (ss 10, 12, 27). The Act affects court processes by creating limitation and stay effects while the Ombudsman investigates: if the Ombudsman has commenced an investigation the energy entity may not commence proceedings in court in respect of the matter (s 12(1)), and courts must dismiss proceedings commenced in contravention and award costs (s 12(2)). On the other side, awards accepted by complainants can be filed with a court and then enforced as court orders (s 27).
The Crown and public administration (s 4; s 42). The Act binds the Crown (s 4). Administration is assigned to the Minister for Justice and the Department of Justice until otherwise ordered (s 42), so public bureaucracies are involved in oversight and operational support.
Wider stakeholders (s 39(3)). The Ombudsman’s budget guidelines and budgets must be prepared in consultation with the Regulator and all energy entities, and the Ombudsman may consult any other persons considered appropriate (s 39(3)). This implicates industry associations and potentially consumer advocacy groups in budget consultation and related procedural matters.
In short, the Act affects consumers who wish to pursue grievances, commercial energy operators who must respond, pay for the scheme, and comply with awards and investigatory processes, and regulatory/public agencies that interact formally with the scheme through referrals, information exchange and budget dispute resolution.
Key duties and rights
The Act assigns specific duties and confers rights that structure behaviour for complainants, energy entities, the Ombudsman and other public agencies.
Duties placed on the Ombudsman:
To receive, investigate and resolve complaints, make awards and register agreements as awards, identify issues from complaints, assist energy entities to develop dispute‑resolution procedures, and perform any other functions imposed by the Act or prescribed (s 5(1)(a)-(f)).
To act independently, impartially and in the public interest when performing functions and exercising powers (s 5(3)).
To conduct investigations in a manner the Ombudsman considers appropriate while having regard to natural justice (ss 14; 37(1)-(2)).
To give written notice of determinations under s 10 within 14 days to complainant and energy entity where relevant (s 10(5)).
To prepare reports of findings at the conclusion of an investigation and to provide copies to the complainant and any energy entity mentioned (s 29(1)-(2)). Reports may include information, comments, opinions and recommendations (s 29(4)), but must afford reasonable opportunity to respond before including adverse comment (s 30).
Duties placed on complainants:
Generally, to make complaints in writing, signed, with name, address and details of grievance; the Ombudsman retains discretion to accept non‑complying complaints (s 7).
To comply with any reasonable requirement for further information within a specified reasonable period and verify matters by statutory declaration if required (s 8).
To notify the Ombudsman in writing within 21 days whether they accept an award; failure to respond triggers a written requirement and may lead to being taken to have accepted the award (s 25(2)-(6)).
To do anything reasonable and necessary to allow an energy entity to comply with an accepted award (s 28(1)). Failure to do so allows the energy entity to report the matter and the Ombudsman to give directions and possibly declare the energy entity has satisfied the award if the complainant still fails to comply (s 28(2)-(6)).
Duties and constraints on energy entities:
To respond to notices requiring production of documents and attendance to give information (s 16). Non‑compliance is an offence with fines up to 50 penalty units (s 16(5)).
To consult with the Ombudsman and comply with awards once accepted (s 26(1)). Awards can require compensation, corrective work, record corrections, fee amendments and other acts (s 23(1)).
To pay a share of the costs of administering the Act as specified in the Ombudsman’s budget (s 39C(1)-(3)). Disputes about apportionment may be applied to the Ombudsman and ultimately determined by the Regulator under s 39B.
To bear any awarded costs against them (Ombudsman cannot award costs against complainant, but may award costs against energy entities) (s 24).
Rights and procedural protections:
The complainant may choose whether to accept an award; only after acceptance does the award become binding and preclude further court action by the complainant (s 25; s 26(1), (3)).
Energy entities may appeal awards only on questions of law once accepted by the complainant (s 26(2)).
Persons required to attend may be represented or assisted by another person (s 15), and the Ombudsman is required to follow rules of natural justice (s 37(1)).
Where a matter is more appropriately dealt with by a court or regulator, the Ombudsman may dismiss or refer the complaint (s 10(1)(a)-(b); s 19(1)). Before referring, the Ombudsman must consult the recipient (s 20(1)).
Other statutory duties:
Confidentiality obligations are imposed on persons involved in administration of the Act, prohibiting recording, disclosure or use of confidential information except in specified circumstances (s 31). Penalty up to 50 penalty units for breach.
Persons must not obstruct, hinder, resist or improperly influence the Ombudsman or officers (s 33). Penalty up to 50 penalty units.
Persons must not provide false or misleading information to the Ombudsman or officers, or provide documents known to be false without flagging and correcting them (s 34). Penalties up to 50 penalty units.
Administrative rights and duties:
The Ombudsman must prepare budget guidelines and an annual budget in consultation with energy entities and the Regulator, specify apportionments, and publish the budget in the Gazette (ss 39; 39A(1)-(4)). Energy entities may apply for a review of apportionment (s 39B). The Regulator may determine apportionment disputes (s 39B(6)-(8)).
These duties and rights create a procedural balance: investigatory powers and confidentiality obligations are set against procedural protections like natural justice, representation at hearings, and restricted court intervention in certain stages (see s 12 and s 26).
Penalties and enforcement
The Act contains explicit enforcement mechanisms and specified penalties tied to investigatory compliance, obstruction, confidentiality and dishonesty, plus pathways to give awards legal effect and to recover unpaid scheme costs.
Monetary penalties:
Non‑compliance with an information requirement under s 16 is an offence with a penalty of a fine not exceeding 50 penalty units (s 16(5)). This covers failures to provide information, produce documents or attend to answer questions when required in writing.
Failure to comply with a statutory declaration requirement or to attend and answer under s 17(2)-(3) attracts a penalty of a fine not exceeding 50 penalty units (s 17(3)).
Confidentiality breaches under s 31(1) are penalised by a fine not exceeding 50 penalty units.
Obstruction or improper influence of the Ombudsman or officers in performing functions or exercising powers is an offence with penalty up to 50 penalty units (s 33).
Offences for refusal or failure to attend, be sworn, provide information or produce documents under s 34(1) carry fines up to 50 penalty units; providing false or misleading information or documents also carries fines up to 50 penalty units (ss 34(1)-(3)).
Regulations may prescribe offences with fines up to 20 penalty units and continuing daily fines up to 2 penalty units per day (s 40(4)).
Enforcement of awards and orders:
An award accepted by a complainant is binding on the energy entity (s 26(1)). When an award is accepted, the complainant is precluded from commencing proceedings in court in respect of matters raised by the investigation (s 26(3)); courts must dismiss proceedings in contravention (s 26(4)).
The complainant, or the Regulator on behalf of the complainant, may file an award accepted by the complainant with a court of competent jurisdiction (s 27(1)). Once filed, the award is taken to be an order of that court and may be enforced as such (s 27(2)). This provides a statutory route to convert administrative awards into enforceable court orders.
If an energy entity commences court proceedings in contravention of s 12(1) while the Ombudsman has commenced an investigation, the court must dismiss the proceedings and award costs against the energy entity (s 12(2)).
Debt recovery for unpaid scheme costs:
Budgeted shares of administrative costs are payable by each energy entity in the manner and within the times specified in the budget (s 39A(3); s 39C(1)-(2)). If amounts payable are due and unpaid, they may be recovered as a debt due to the Ombudsman in a court of competent jurisdiction (s 39C(3)).
Time and procedural limits on prosecutions:
Proceedings for an offence under the Act must start within six months after the commission of the offence, or within six months after the offence comes to the knowledge of the Ombudsman (s 35).
Procedural protections that limit enforcement:
The Ombudsman cannot require production of “exempt information” or that part of a document containing exempt information (s 16(3)). Moreover, disclosure or production of non‑exempt information under this Act does not expose the provider to liability under other Acts (s 34(5)).
Evidence mechanics:
Certificates purporting to be from the Ombudsman that a person is a delegate or officer and that actions or documents are held or were provided are admissible as evidence in proceedings (s 36). This eases proof of administrative facts in enforcement or prosecution.
Collectively, the Act couples investigatory leverage (compulsory notices, statutory declarations, declaration power) with criminal and civil sanctions to secure compliance, while providing a procedural route to convert administrative outcomes into enforceable court orders and recover scheme expenses.
How it interacts with other laws
The Act is designed to operate in concert with other Tasmanian and national energy legislation, the Ombudsman Act 1978 and with courts and tribunals. The text embeds explicit referral, cooperation and non‑duplication mechanisms.
Referral and non‑duplication:
The Ombudsman may refer complaints to the Regulator, a tribunal, board or another person if the subject matter is one that should be investigated by those bodies under other laws of Tasmania, the Commonwealth, another State or a Territory (s 10(1)(b); s 19(1)). When the Ombudsman refers a matter under s 10(1)(b) or s 19(1), the Ombudsman’s powers to investigate that matter cease (s 20(4)).
The Act identifies a specific referral channel from the Regulator: the Regulator may refer a matter to the Ombudsman, in writing, if the Regulator has been asked to mediate under s 45 of the Electricity Supply Industry Act 1995 or s 49 of the Gas Act 2000, provided the Ombudsman and all parties consent (s 9A(1)). Matters referred by the Regulator are taken to be complaints under this Act (s 9A(2)). Once referred, the Regulator must take no further action unless the matter is referred back by the Ombudsman under s 19 (s 9A(3)).
Where the Ombudsman refers a complaint to the Regulator, tribunal, board or other person under s 10(1)(b) or s 19(1), the Ombudsman must give the recipient all documents and information in its possession that relate to the complaint (s 20(2)). The Ombudsman may make and retain records and copies of materials it refers (s 20(3)).
Cooperation with the Regulator on budget matters:
The Ombudsman must prepare budget guidelines and consult the Regulator when preparing and varying those guidelines (s 39(1)-(3)). The Ombudsman must provide the budget to the Regulator and each energy entity and publish it in the Gazette (s 39A(4)). If energy entities dispute apportionment they apply for review to the Ombudsman and the Ombudsman must provide applications and submissions to the Regulator, which may determine the apportionment (s 39B(1)-(6)). The Regulator’s determination must be provided to the Ombudsman and all energy entities and published in the Gazette (s 39B(8)).
Definitions linked to other Acts:
The definition of “energy entity” imports meaning from the Electricity Supply Industry Act 1995, the National Energy Retail Law (Tasmania), the National Energy Retail Law (Tasmania) Act 2012 and the Gas Industry Act 2019 (s 3). This importing connects the Ombudsman’s jurisdictional reach to entities regulated under those Acts.
The Ombudsman and officers are those appointed or made available under the Ombudsman Act 1978 (s 3 “officer”; schedule 1 notes consequential amendments). This links personnel, delegation and administrative frameworks to the Ombudsman Act.
Court interactions and restraint on litigation:
Section 12 prevents energy entities from commencing court proceedings in respect of a matter once the Ombudsman has commenced an investigation; courts must dismiss proceedings begun in contravention and award costs (s 12(1)-(2)). Conversely, awards accepted by complainants may be filed with courts and enforced as court orders (s 27).
Confidentiality and evidentiary boundaries:
The Act restricts compulsion of “exempt information” (s 16(3)) and offers limited compelled disclosure to courts or tribunals only where necessary for the purposes of the Act (s 31(2)). The Act also protects persons from being liable under other Acts for providing non‑exempt information under the Act (s 34(5)). These provisions set boundaries where the Ombudsman’s investigatory demands may bump into statutory secrecy regimes or evidentiary rules in other jurisdictions.
Regulations and subordinate instruments:
The Governor may make regulations for the Act, including matters about making and investigating complaints, conduct of persons, and resolution and awards; regulations can create offences (s 40). The Act clarifies that budget guidelines are not statutory rules for purposes of the Rules Publication Act 1953 and are not instruments of legislative character under the Subordinate Legislation Act 1992 (s 39(5)).
Administrative arrangements:
Administration is assigned to the Minister for Justice until an Administrative Arrangements order changes that allocation (s 42), so administrative responsibility is linked to the existing Tasmanian administrative structure established under the Administrative Arrangements Act 1990.
Overall, the Act is framed to dovetail with existing energy and ombudsman statutes: it delegates primary jurisdiction where other statutes apply, imports definitions from related energy legislation, requires consultation and information exchange with the Regulator, and provides mechanisms for converting administrative outcomes into judicially enforceable obligations.
Amendment history
The text as provided contains internal amendment annotations and applied dates that document multiple statutory changes. The Act’s schedule and in‑text notes identify specific amendment instruments and dates. The key amendments recorded within the text are as follows (source‑grounded, chronological as shown within the text):
Amendments by No. 40 of 2004. Numerous provisions carry the note “[Section X Amended by No. 40 of 2004, s Y, Applied:01 Jan 2005]”. These amendments affect multiple sections including the short title note in s 1, definitions in s 3 (budget guidelines, energy entity, gas, and others), functions in s 5(1)(d), complaint procedures (s 6 and s 7), various parts of s 10 including referral and dismissal grounds, splitting of complaints (s 11), limitation on commencing proceedings (s 12), many parts of Divisions in Part 3 and Part 4 (e.g. s 16, s 21-28), costs and budget provisions (s 24, s 39 and the addition of ss 39A-39C), and regulation‑making powers (s 40). The applied date for these amendments is recorded as 01 Jan 2005.
Amendments by No. 9 of 2012. The definition of “energy entity” was extended to include retailers and exempt sellers within the meaning of the National Energy Retail Law (Tasmania), and persons to whom s 23 of the National Energy Retail Law (Tasmania) Act 2012 applies (s 3 annotations show No. 9 of 2012, Applied:01 Jul 2012).
Amendments by No. 20 of 2013. Multiple amendments are annotated “[Section X Amended by No. 20 of 2013, s Y, Applied:20 Jun 2013]”. These include changes to definitions (s 3), referral provisions (s 9A amendments referencing the Regulator), modifications to s 10, s 19, s 20, s 29, s 32, s 39, s 39A, s 39B and other sections. These amendments were applied on 20 June 2013.
Amendments by No. 3 of 2019. The definition of “energy entity” added “a licensee within the meaning of the Gas Industry Act 2019” (s 3 annotation shows No. 3 of 2019, Applied:03 Feb 2021).
Amendments by No. 13 of 2015. The text includes an amendment notation in s 3 and s 39B(7) referencing No. 13 of 2015, applied 01 Jul 2015, affecting the Regulator’s powers to inform itself in any manner he or she considers appropriate in determining budget apportionment applications.
Transitional provision:
Section 41 was substituted by No. 40 of 2004 (Applied: 01 Jan 2005) and provides transitional arrangements preserving the Act as it stood before the 2004 amendments for the financial year ending 30 June 2005 and for the functions, powers, complaints, awards, reporting and cost obligations of electricity entities during that year (s 41(2)(a)-(e)).
Schedule 1 (s 43) lists consequential amendments to:
Electricity Supply Industry Act 1995; and
Ombudsman Act 1978.
Administrative assignment:
Section 42 assigns administration to the Minister for Justice and the Department of Justice until an Administrative Arrangements order changes the assignment; this is a transitional administrative note rather than an amendment history per se (s 42).
The embedded amendment annotations in the provided text are the only internal evidence of amendment history supplied. They show a pattern of iterative reform: broadening the definition of energy entities to track national retail law and gas industry legislation, adding formal budgetary and cost apportionment mechanisms (ss 39-39C) and strengthening referral and Regulator interfaces. The applied dates in the annotations are the dates on which specific changes took effect, as recorded in the source text.
Litigation history
The Act text provided contains no court decisions, judicial interpretations, or case law citations. The only cross‑references to other statutes and to the Ombudsman Act 1978 are statutory, not judicial. Accordingly, there is no litigation history recorded in the source material to summarise or cite.
Practitioners should note the following from the statute that will materially affect litigation strategy and potential court review:
While the Ombudsman is investigating a complaint, an energy entity is not entitled to commence proceedings in any court in respect of matters raised by the complaint or investigation (s 12(1)). Courts must dismiss proceedings commenced in contravention of this rule and award costs against the energy entity (s 12(2)). This creates a statutory bar on pre‑emptive litigation by energy entities during active Ombudsman investigations.
Once an award is accepted by the complainant, the complainant is precluded from commencing proceedings in court on matters arising from the investigation and courts must dismiss contravening proceedings (s 26(3)-(4)). Energy entities may only appeal an award accepted by the complainant on a question of law (s 26(2)). These provisions shape potential judicial review or appeal routes.
An accepted award can be filed in court and is treated as a court order, enforceable as such (s 27). This provides a civil enforcement pathway rather than ongoing administrative enforcement by the Ombudsman alone.
Certificates of the Ombudsman concerning delegations, officers, decisions and documents are admissible as evidence in proceedings (s 36). This evidentiary mechanism may be material to litigation about the administrative process.
Because the text contains no reported cases, anyone seeking the practical litigation posture in relation to this Act will need to consult Tasmanian and broader Australian jurisprudence outside this text to determine how courts have applied provisions such as s 12 (stay of proceedings), s 26 (binding effect of accepted awards), and s 16/17/34 (compulsory notices and penalties), and how courts treat certificates under s 36.
Gotchas
The Act contains several specific procedural and substantive rules that can catch practitioners and parties if missed. Below are discrete points drawn directly from the statutory text.
Time limits and limitation defences:
Two‑year limitation for complaints: the Ombudsman must dismiss complaints where the complainant became aware of the circumstances more than two years before making the complaint, unless the Ombudsman is satisfied there was a good reason for the delay (s 10(1)(c)(iii); s 10(2)). Practitioners should note that the two‑year clock is triggered by the complainant’s awareness, not the event date, and the Ombudsman has a residual discretion to allow late complaints for good reason.
Interim bar on court action by energy entities:
Once the Ombudsman has commenced an investigation, energy entities may not commence court proceedings in respect of matters raised by the complaint or investigation (s 12(1)). Courts must dismiss proceedings commenced in contravention and award costs against the energy entity (s 12(2)). Energy entities must therefore be careful about litigating during the Ombudsman investigatory phase.
Award acceptance mechanics and consequences:
Complainants have 21 days to notify the Ombudsman whether they accept an award; if they fail to respond the Ombudsman must require the complainant to do so within 14 days and notify that failure to comply will be taken as acceptance and that acceptance precludes court proceedings (s 25(2)-(5)). Non‑response can therefore trigger deemed acceptance with significant legal consequences (binding award and loss of right to litigate) rather than preserving complainant options.
Caps and scope of awards:
Monetary caps on awards: default $20,000 unless the energy entity agrees to exceed $20,000 (then up to $50,000) (s 23(2)). Costs awarded against the energy entity are specifically excluded from the total value when determining the cap (s 23(3)). Awards in excess of permissible totals are of no effect (s 23(4)). If parties plan to seek larger remedies, they must secure energy entity agreement or litigate outside the Ombudsman process.
Complainant obligations post‑award:
The complainant must do anything reasonable and necessary to allow the energy entity to comply with an accepted award; if they fail the energy entity can report to the Ombudsman and the Ombudsman may declare the energy entity has satisfied the award, which is binding on the complainant (s 28(1)-(6)). Complainants who obstruct compliance can effectively forfeit relief.
Scope of compulsory powers and exempt information:
The Ombudsman cannot compel the production of “exempt information” or that part of a document containing exempt information (s 16(3)). Likewise, it is a reasonable excuse to refuse to provide information that would disclose exempt information (s 34(4)). Parties must understand what is “exempt information” under the regulations or other law to avoid improper claims of entitlement to refuse.
Budget apportionment dispute deadlines:
An energy entity has only 14 days from receipt of the budget to apply for review of apportionment (s 39B(1)). The quick window and the subsequent exchange of applications and submissions, culminating in a Regulator determination, require prompt action if an entity disputes the allocation.
Consequences of failure to pay scheme costs:
The budget specifies portions and times for payment of costs by each energy entity; unpaid amounts may be recovered as a debt in court (s 39C(2)-(3)). Energy entities should be attentive to their payment obligations to avoid debt recovery proceedings.
Information‑gathering penalties and evidentiary rules:
Failure to comply with notices under s 16, to verify by statutory declaration under s 17, or to provide truthful information under s 34 can attract fines up to 50 penalty units. Certificates of the Ombudsman are admissible as evidence (s 36). Entities and individuals must follow formal requirements when responding to information requests.
Referral and jurisdictional complexity:
The Ombudsman must consult the Regulator or other recipient before referring a matter (s 20(1)), must provide all relevant documents upon referral (s 20(2)), and its investigatory powers cease on referral (s 20(4)). Parties must be clear whether the Regulator or Ombudsman is the appropriate forum, as strategic referrals can change which remedies and procedures apply.
Procedural informality with natural justice overlay:
While the Ombudsman is to proceed with “as little formality and technicality” as appropriate (s 37(2)(a)), natural justice still applies (s 37(1)). Parties used to court procedure should not assume court‑level procedural protections outside the natural justice minimum.
Publication and adverse comment safeguards:
The Ombudsman must afford a reasonable opportunity and receive a written statement before including adverse comments about an identifiable person in a report (s 30(1)-(2)). However, where disclosure would prejudice an investigation, the Ombudsman may omit that opportunity (s 30(3)). Parties facing adverse findings should expect an opportunity to respond except in narrow exceptions.
Regulatory overlaps and transitional arrangements:
The Act imports definitions and operates alongside multiple other statutory instruments (Electricity Supply Industry Act 1995; National Energy Retail Law references; Gas Industry Act 2019). Transitional provisions preserve prior arrangements for certain financial years (s 41). Parties must track which statutory instrument governs a particular issue.
These “gotchas” are drawn from the statutory text. Practitioners should use the cited sections above to anchor compliance, timing and strategy decisions.
How to comply
The Act sets out concrete procedural, substantive and administrative obligations that energy entities, complainants and other participants must meet. Below are practical, source‑grounded steps for compliance mapped to statutory provisions.
For energy entities
Prepare to accept complaints and cooperate with investigations:
Ensure administrative capacity to receive notice of investigations, produce documents and attend to provide information when properly required under s 16. Notices must specify period, time, day and place (s 16(2)). Failure to comply is punishable (s 16(5); s 34(1)).
Train staff on statutory notices, statutory declarations and witness procedures:
Ensure staff understand the obligation to comply with requirements to verify by statutory declaration where required (s 8; s 17(2)-(3)). Make arrangements for representation and legal support for officers who must attend (s 15).
Maintain accurate records and correction workflows:
Be ready to correct or amend records if an award requires it (s 23(1)(e)). Maintain a process to identify which awards could require record changes and to implement them promptly upon acceptance.
Budget and financial planning for scheme costs:
Anticipate paying a portion of scheme administrative costs as specified in the Ombudsman’s annual budget (s 39A(3); s 39C(1)-(2)). Participate in consultation on budget guidelines (s 39(3)) and the annual budget (s 39A(2)). If disputing apportionment, apply within 14 days of receiving the budget (s 39B(1)) and participate in the review process; the Regulator may make a final determination (s 39B(6)-(8)).
Manage risk around awards and litigation strategy:
Be aware that once an Ombudsman investigation begins an energy entity may not commence court proceedings on matters raised by the complaint (s 12(1)). If an award is accepted it is binding; appeals by energy entities are limited to questions of law (s 26(1)-(2)). For larger claims, secure agreement with the complainant if seeking awards above the $20,000 cap (up to $50,000) (s 23(2)).
Comply with confidentiality and information‑sharing protocols:
Understand the definition of “confidential information” (s 3) and the prohibition on unauthorised recording, disclosure or use (s 31). Use s 32 to coordinate legitimate information exchanges with the Regulator or other bodies where required.
Ensure truthfulness and completeness of information:
Avoid providing information known to be false or misleading and correct documents if they contain false or misleading material, as s 34 imposes penalties and requires disclosure of the falsehood and provision of correct information.
For complainants
Follow complaint formalities, but you have flexibility:
Complaints are generally in writing, signed, and must include name, address and details (s 7(1)), but the Ombudsman may accept non‑complying complaints (s 7(3)). If asked, provide further information or statutory declarations within reasonable periods (s 8).
Be prompt and mindful of limitation:
Complaints should be brought within two years of awareness of the circumstances giving rise to the complaint unless a good reason for delay exists and is accepted by the Ombudsman (s 10(1)(c)(iii); s 10(2)).
Understand the consequences of accepting awards:
You have 21 days after receiving the award copy to accept or reject; failure to respond triggers further requirement and may lead to deemed acceptance, which precludes further court proceedings on the matter (s 25(1)-(6)). Accepting an award binds the energy entity and allows you to file the award in court for enforcement (s 26(1); s 27(1)-(2)). Ensure acceptance decisions are deliberate and informed.
Cooperate to enable compliance:
If an award is accepted, you must do what is reasonable and necessary to allow the energy entity to comply (s 28(1)). Failing that can lead to the Ombudsman declaring the energy entity has satisfied the award, which is binding on you (s 28(5)-(6)).
For the Ombudsman and officers
Follow procedural and natural justice obligations:
While the Ombudsman may proceed with low formality (s 37(2)), natural justice must be observed (s 37(1)). Provide written notice of determinations under s 10 within 14 days (s 10(5)). Before making adverse comments in reports, give affected persons reasonable opportunity to make submissions and provide written statements (s 30(1)-(2)).
Exercise investigatory powers within statutory limits:
Use s 16 notices to require relevant information and s 17 for statutory declarations or oaths. Do not require exempt information (s 16(3)). When referring matters, consult receiving bodies and provide all relevant documents (s 20(1)-(3)). Ensure retention and copying policies comply with confidentiality obligations (s 31; s 20(3)).
Prepare and publish budget and follow consultation processes:
Prepare budget guidelines (s 39), consult the Regulator and energy entities (s 39(3)), publish budgets and variations in the Gazette and provide copies to the Regulator and entities (s 39A(4)). When apportionment disputes arise, process applications under s 39B and provide submissions to the Regulator for determination.
For the Regulator and other statutory bodies
Coordinate on referrals and cost determinations:
Be ready to receive referrals from the Ombudsman or refer matters to the Ombudsman under the conditions in s 9A and s 19. When the Ombudsman refers documents, accept and consider all materials provided (s 20(2)). Be prepared to determine apportionment disputes and publish determinations (s 39B(6)-(8)).
General compliance tips
Document processes: Keep formal records of notices, productions, statutory declarations and communications with the Ombudsman and Regulator to support compliance and evidentiary needs (s 36 permits certificates to be used in proceedings).
Map statutory timelines: Track 14‑day and 21‑day windows (s 10(5); s 25(2); s 39B(1)) and the six‑month prosecution window (s 35) to preserve rights and obligations.
Train staff on confidentiality and accuracy obligations: Non‑compliance and false statements have specified penalties (ss 31, 33-34); procedures should ensure accurate and timely responses.
Budget for scheme costs: Include potential annual charges from the Ombudsman’s published budget in financial planning and participate in consultation to influence apportionment (ss 39-39C).
Adhering to these source‑specified steps will reduce the risk of penalties, secure proper use of appeal and enforcement pathways, and align operational practices to statutory obligations.
[Section 3 Amended by No. 40 of 2004, s. 6, Applied:01 Jan 2005]energy entity means –
(a) an electricity entity within the meaning of the Electricity Supply Industry Act 1995 ; or
(ab) [Section 3 Amended by No. 9 of 2012, s. 25, Applied:01 Jul 2012] a retailer within the meaning of the National Energy Retail Law (Tasmania); or
(ac) [Section 3 Amended by No. 9 of 2012, s. 25, Applied:01 Jul 2012] an exempt seller within the meaning of the National Energy Retail Law (Tasmania); or
(ad) [Section 3 Amended by No. 9 of 2012, s. 25, Applied:01 Jul 2012] a person to whom, or a person who sells electricity to which, section 23 of the National Energy Retail Law (Tasmania) Act 2012 applies;
(b) [Section 3 Amended by No. 3 of 2019, s. 6, Applied:03 Feb 2021] a licensee within the meaning of the Gas Industry Act 2019 ;
Energy Minister means the Minister to whom the administration of the Electricity Supply Industry Act 1995 is assigned from time to time;
exempt information means information of a kind that is prescribed to be exempt information;
function includes duty;
[Section 3 Amended by No. 40 of 2004, s. 6, Applied:01 Jan 2005]gas means natural gas or any other gaseous fuel other than –
(a) liquified petroleum gas; and
(b) [Section 3 Amended by No. 3 of 2019, s. 6, Applied:03 Feb 2021] a gas, within the meaning of the Gas Industry Act 2019 , other than liquefied petroleum gas;
investigation means an investigation undertaken by the Ombudsman in respect of a matter referred to in section 10 ;
officer means –
(a) a person appointed or employed under section 9(1) of theOmbudsman Act 1978 ; and
(b) a person made available under section 9(2) of that Act;
Ombudsman has the same meaning as in the Ombudsman Act 1978 ;
[Section 3 Amended by No. 20 of 2013, s. 33, Applied:20 Jun 2013]
[Section 3 Amended by No. 20 of 2013, s. 33, Applied:20 Jun 2013][Section 3 Amended by No. 13 of 2015, s. 70, Applied:01 Jul 2015]Regulator means the Tasmanian Economic Regulator appointed under section 9 of the Economic Regulator Act 2009 .
4 Act binds Crown
4 Act binds Crown
This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities.
5 Functions and powers of Ombudsman
5 Functions and powers of Ombudsman
(1) The Ombudsman has the following functions:
(a) to receive, investigate and resolve complaints;
(b) to make awards and register agreements as awards under Part 4 ;
(c) to identify and review issues arising out of complaints;
(d) [Section 5 Subsection (1) amended by No. 40 of 2004, s. 7, Applied:01 Jan 2005] to assist energy entities to develop procedures to resolve complaints;
(e) to perform any other functions imposed on the Ombudsman by this Act;
(f) to perform any other prescribed functions.
(2) The Ombudsman has power to do all things necessary or convenient to be done in connection with the performance and exercise of his or her functions and powers under this Act.
(3) In performing and exercising his or her functions and powers, the Ombudsman must act independently, impartially and in the public interest.
Part 2 Complaints
Part 2 Complaints
6 Who may complain
6 Who may complain
[Section 6 Amended by No. 40 of 2004, s. 8, Applied:01 Jan 2005] A person may make a complaint if the person has a grievance concerning any service of, or relating to the sale and supply of gas or electricity by, an energy entity.
7 Making a complaint
7 Making a complaint
(1) Subject to this section, a complaint is to –
(a) be made to the Ombudsman; and
(b) be in writing; and
(c) be signed by the complainant; and
(d) disclose the name and address of the complainant; and
(e) contain the details of the grievance.
(2) A complaint for and on behalf of a complainant may be made by a person authorised by the complainant.
(3) The Ombudsman may accept a complaint that does not comply with subsection (1) .
8 Further information may be required
8 Further information may be required
(1) The Ombudsman may, at any time, require a complainant –
(a) to provide further information or documents; or
(b) to verify all or any part of the complaint by statutory declaration.
(2) When making a requirement under subsection (1) , the Ombudsman must specify a reasonable period of time within which the requirement is to be satisfied.
(3) The Ombudsman may extend the period specified under subsection (2) , whether before or after its expiry.
9 Withdrawal of complaint
9 Withdrawal of complaint
A complainant may withdraw a complaint at any time by notifying the Ombudsman in writing of the withdrawal or, if the Ombudsman agrees, by oral or other notice.
9A Referral of matter to Ombudsman as complaint
9A Referral of matter to Ombudsman as complaint
[Section 9A Inserted by No. 40 of 2004, s. 9, Applied:01 Jan 2005]
(1) [Section 9A Subsection (1) amended by No. 20 of 2013, s. 34, Applied:20 Jun 2013] The Regulator may refer to the Ombudsman, in writing, a matter that is the subject of a dispute in which the Regulator has been asked to mediate under section 45 of theElectricity Supply Industry Act 1995 or section 49 of theGas Act 2000 if the Ombudsman and all parties to the dispute consent to the referral.
(2) A matter referred to the Ombudsman under this section is taken to be a complaint made under this Act.
(3) [Section 9A Subsection (3) amended by No. 20 of 2013, s. 34, Applied:20 Jun 2013] The Regulator is to take no further action in respect of a matter that has been referred to the Ombudsman under this section unless the Ombudsman refers the matter back to the Regulator under section 19 .
Part 3 Investigation of complaint
Part 3 Investigation of complaint
Division 1 Preliminary matters
Division 1 Preliminary matters
10 Determining whether to investigate complaint, &c.
10 Determining whether to investigate complaint, &c.
(1) On receipt of a complaint, the Ombudsman –
(a) may dismiss the complaint and recommend that proceedings be commenced in a court of competent jurisdiction if satisfied that the matters raised by the complaint are of such nature or complexity that they would be more appropriately dealt with by that court; or
(b) [Section 10 Subsection (1) amended by No. 40 of 2004, s. 10, Applied:01 Jan 2005][Section 10 Subsection (1) amended by No. 40 of 2004, s. 10, Applied:01 Jan 2005][Section 10 Subsection (1) amended by No. 20 of 2013, s. 35, Applied:20 Jun 2013][Section 10 Subsection (1) amended by No. 20 of 2013, s. 35, Applied:20 Jun 2013] may refer the complaint to the Regulator or a tribunal, a board or another person if the complaint concerns matters which should be investigated by the Regulator or that tribunal, board or other person under any other law of Tasmania, the Commonwealth, a Territory of the Commonwealth or another State; or
(c) must dismiss the complaint if satisfied that –
(i) the complaint lacks substance; or
(ii) the complaint is frivolous, vexatious or was not made in good faith; or
(iii) the complainant became aware of the circumstances that gave rise to the complaint more than 2 years before the complaint was made; or
(iv) the complainant has been given reasonable explanations and information and there would be no benefit in further entertaining the complaint; or
(v) the complaint has been resolved; or
(vi) court proceedings which relate to the subject matter of the complaint have been commenced; or
(vii) [Section 10 Subsection (1) amended by No. 40 of 2004, s. 10, Applied:01 Jan 2005][Section 10 Subsection (1) amended by No. 20 of 2013, s. 35, Applied:20 Jun 2013] all the issues arising out of the subject matter of the complaint have been adjudicated upon or otherwise dealt with by the Regulator or a court, a tribunal, a board or another person under a law of Tasmania, the Commonwealth, a Territory of the Commonwealth or another State; or
(d) must investigate the complaint in any other case.
(2) Subsection (1)(c) does not apply if the Ombudsman is satisfied that the complainant had good reason for not making the complaint within 2 years of becoming aware of the circumstances that gave rise to it.
(3) Before determining the course of action to be taken under subsection (1) , the Ombudsman may make enquiries and obtain information that the Ombudsman considers necessary or appropriate.
(4) Subsection (3) does not authorise the exercise of a power under Division 2 .
(5) Within 14 days after making a determination under subsection (1) , the Ombudsman must provide written notice of the determination –
(a) to the complainant; and
(b) [Section 10 Subsection (5) amended by No. 40 of 2004, s. 10, Applied:01 Jan 2005][Section 10 Subsection (5) amended by No. 40 of 2004, s. 10, Applied:01 Jan 2005][Section 10 Subsection (5) amended by No. 20 of 2013, s. 35, Applied:20 Jun 2013] to the energy entity if the Ombudsman has determined to investigate the complaint or refer the complaint to the Regulator or a tribunal, a board or another person.
11 Splitting of complaints
11 Splitting of complaints
(1) This section applies to a complaint that –
(a) deals with more than one subject matter; or
(b) deals with more than one set of circumstances; or
(c) [Section 11 Subsection (1) amended by No. 40 of 2004, s. 11, Applied:01 Jan 2005] makes allegations against more than one energy entity; or
(d) [Section 11 Subsection (1) amended by No. 40 of 2004, s. 11, Applied:01 Jan 2005] makes more than one allegation against an energy entity; or
(e) for any other reason is susceptible to being dealt with in separate parts.
(2) If it is administratively or otherwise convenient to do so, the Ombudsman may determine that a complaint to which this section applies be treated as 2 or more complaints.
12 Limitation on commencing proceedings
12 Limitation on commencing proceedings
(1) [Section 12 Subsection (1) amended by No. 40 of 2004, s. 12, Applied:01 Jan 2005] If the Ombudsman has commenced an investigation on receipt of a complaint, the energy entity is not entitled to commence proceedings in any court in respect of a matter raised by, or likely to be raised by, the complaint or the investigation.
(2) [Section 12 Subsection (2) amended by No. 40 of 2004, s. 12, Applied:01 Jan 2005] A court must dismiss proceedings commenced in contravention of subsection (1) and award costs in the matter against the energy entity.
Division 2 Conduct of investigations
Division 2 Conduct of investigations
13 Limitation of powers
13 Limitation of powers
The powers conferred by this
This is an opening excerpt, not the complete document.