176Dismissal of complaints about utilities

176 Dismissal of complaints about utilities (1) The ACAT may dismiss a complaint about a utility if satisfied that— (a) this part does not apply to the matter complained of; or (b) the complaint has been withdrawn or abandoned (for example, because the complainant fails to proceed with the complaint within a reasonable time); or (c) the complaint relates to a matter, or the last of a series of matters, that happened more than 1 year before the day the complaint was made; or

(d) if the registrar makes an inquiry under section 175 of the person making the complaint—the person has not responded to the inquiry; or (e) the complainant has not made reasonable efforts to resolve the matter complained of with the utility, particularly in accordance with the utility’s complaint handling procedures; or (f) the matter complained of has already been dealt with adequately by the ACAT or otherwise; or (g) a remedy more appropriate than action under this part is readily available to the complainant; or (h) it is otherwise appropriate to do so. Note The ACAT may dismiss an application if it is frivolous or vexatious, lacking in substance or otherwise an abuse of process (see ACT Civil and Administrative Tribunal Act 2008, s 32). (2) If the ACAT dismisses a complaint, it must give each party written notice of the dismissal, setting out its reasons for the dismissal.