25Acceptance of award by complainant

25 Acceptance of award by complainant

(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.

(7)  [Section 25 Subsection (7) amended by No. 40 of 2004, s. 19, Applied:01 Jan 2005] On the acceptance by the complainant of an award, the Ombudsman must provide to the energy entity and the complainant written notice of –

(a) the fact that the award has been accepted; and

(b) [Section 25 Subsection (7) amended by No. 40 of 2004, s. 19, Applied:01 Jan 2005] the day on which the award takes effect, being a day not earlier than the day on which the notice is provided to the energy entity.