Essential Services Legislation (Dispute Resolution) Act 2000
i
Essential Services Legislation (Dispute Resolution)
Act 2000
Act No. 59/2000
TABLE OF PROVISIONS
Section Page
PART 1—PRELIMINARY 1
1. Purpose 1
2. Commencement 2
PART 2—AMENDMENT OF ELECTRICITY INDUSTRY ACT
1993 3
3. New section 163AAB inserted 3
163AAB. Customer dispute resolution 3
PART 3—AMENDMENT OF GAS INDUSTRY ACT 1994 5
4. New section 48FA inserted 5
48FA. Customer dispute resolution 5
PART 4—AMENDMENT OF WATER INDUSTRY ACT 1994 7
5. New section 11A inserted 7
11A. Customer dispute resolution 7
PART 5—AMENDMENT OF WATER ACT 1989 9
6. New Division 4A inserted in Part 6 9
Division 4A—Customer Dispute Resolution 9
110A. Customer dispute resolution 9
PART 6—AMENDMENT OF MELBOURNE WATER
CORPORATION ACT 1992 11
7. New section 16A inserted 11
16A. Customer dispute resolution 11
═══════════════
ENDNOTES 13
-- 1 of 14 --
1
Essential Services Legislation (Dispute
Resolution) Act 2000 †
[Assented to 8 November 2000]
The Parliament of Victoria enacts as follows:
PART 1—PRELIMINARY
1. Purpose
The purpose of this Act is to amend the
Electricity Industry Act 1993, the Gas Industry
Act 1994, the Water Industry Act 1994, the
Water Act 1989 and the Melbourne Water
Corporation Act 1992 to provide for customer
dispute resolution.
Victoria
No. 59 of 2000
-- 2 of 14 --
Act No. 59/2000
Essential Services Legislation (Dispute Resolution) Act 2000
2
2. Commencement
(1) Subject to sub-section (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
operation before 1 July 2001, it comes into
operation on that day.
_______________
s. 2
-- 3 of 14 --
Act No. 59/2000
Essential Services Legislation (Dispute Resolution) Act 2000
3
PART 2—AMENDMENT OF ELECTRICITY INDUSTRY ACT
1993
3. New section 163AAB inserted
After section 163AAA of the Electricity
Industry Act 1993 insert—
"163AAB. Customer dispute resolution
(1) A licence to—
(a) distribute or supply electricity; or
(b) sell electricity—
must be issued subject to a condition
requiring the licensee to enter into a
customer dispute resolution scheme
approved by the Office.
(2) In approving a customer dispute resolution
scheme, the Office must have regard to—
(a) the objectives of the Office under this
Act and under the Office of the
Regulator-General Act 1994; and
(b) the need to ensure that the scheme is
accessible to the licensee's customers
and that there are no cost barriers to
those customers using the scheme; and
(c) the need to ensure that the scheme is
independent of the members of the
scheme; and
(d) the need for the scheme to be fair and
be seen to be fair; and
(e) the need to ensure that the scheme will
publish decisions and information about
complaints received by the scheme so
as to be accountable to the members of
See:
Act No.
130/1993
Reprint No. 4
as at
8 June 1999
and
amending
Act Nos
110/1994,
56/1995,
8/1996,
35/1997,
55/1997,
105/1997,
25/1998,
36/1999 and
38/2000.
LawToday:
www.dms.
dpc.vic.
gov.au
s. 3
-- 4 of 14 --
Act No. 59/2000
Essential Services Legislation (Dispute Resolution) Act 2000
4
the scheme and the customers of the
scheme members; and
(f) the need for the scheme to undertake
regular reviews of its performance to
ensure that its operation is efficient and
effective.
(3) The Office may, in accordance with this
Part, vary any existing licence to—
(a) distribute or supply electricity; or
(b) sell electricity—
to include a condition of a kind referred to in
sub-section (1).".
_______________
s. 3
-- 5 of 14 --
Act No. 59/2000
Essential Services Legislation (Dispute Resolution) Act 2000
5
PART 3—AMENDMENT OF GAS INDUSTRY ACT 1994
4. New section 48FA inserted
After section 48F of the Gas Industry Act 1994
insert—
"48FA. Customer dispute resolution
(1) A licence authorising a person to—
(a) provide services by means of a
distribution pipeline; or
(b) sell gas by retail—
must be issued subject to a condition
requiring the licensee to enter into a
customer dispute resolution scheme
approved by ORG.
(2) In approving a customer dispute resolution
scheme, ORG must have regard to—
(a) the objectives of ORG under this Part
and under the Office of the Regulator-
General Act 1994; and
(b) the need to ensure that the scheme is
accessible to the licensee's customers
and that there are no cost barriers to
those customers using the scheme; and
(c) the need to ensure that the scheme is
independent of the members of the
scheme; and
(d) the need for the scheme to be fair and
be seen to be fair; and
(e) the need to ensure that the scheme will
publish decisions and information about
complaints received by the scheme so
as to be accountable to the members of
See:
Act No.
112/1994
Reprint No. 3
as at
11 May 1999
and
amending
Act Nos
31/1995,
91/1997,
31/1998,
40/1998,
91/1998,
96/1998,
36/1999,
39/1999 and
58/1999.
LawToday:
www.dms.
dpc.vic.
gov.au
s. 4
-- 6 of 14 --
Act No. 59/2000
Essential Services Legislation (Dispute Resolution) Act 2000
6
the scheme and the customers of the
scheme members; and
(f) the need for the scheme to undertake
regular reviews of its performance to
ensure that its operation is efficient and
effective.
(3) ORG may, in accordance with this Part, vary
any existing licence to—
(a) provide services by means of a
distribution pipeline; or
(b) sell gas by retail—
to include a condition of a kind referred to in
sub-section (1).".
_______________
s. 4
-- 7 of 14 --
Act No. 59/2000
Essential Services Legislation (Dispute Resolution) Act 2000
7
PART 4—AMENDMENT OF WATER INDUSTRY ACT 1994
5. New section 11A inserted
After section 11 of the Water Industry Act 1994
insert—
"11A. Customer dispute resolution
(1) A licence must be issued subject to a
condition requiring the licensee to enter into
a customer dispute resolution scheme
approved by the Office of the Regulator-
General.
(2) A dispute resolution scheme provided for in
accordance with this section is in addition to
and not in derogation of any right of review
a person may have under this Act.
(3) In approving a customer dispute resolution
scheme, the Office of the Regulator-General
must have regard to—
(a) the objectives of the Office of the
Regulator-General under this Act and
under the Office of the Regulator-
General Act 1994; and
(b) the need to ensure that the scheme is
accessible to the licensee's customers
and that there are no cost barriers to
those customers using the scheme; and
(c) the need to ensure that the scheme is
independent of the members of the
scheme; and
(d) the need for the scheme to be fair and
be seen to be fair; and
See:
Act No.
121/1994
Reprint No. 3
as at
1 January
1999
and
amending
Act No.
22/1999.
LawToday:
www.dms.
dpc.vic.
gov.au
s. 5
-- 8 of 14 --
Act No. 59/2000
Essential Services Legislation (Dispute Resolution) Act 2000
8
(e) the need to ensure that the scheme will
publish decisions and information about
complaints received by the scheme so
as to be accountable to the members of
the scheme and the customers of the
scheme members; and
(f) the need for the scheme to undertake
regular reviews of its performance to
ensure that its operation is efficient and
effective.
(4) The Office of the Regulator-General may, in
accordance with this Part, vary any existing
licence to include a condition of a kind
referred to in sub-section (1).".
_______________
s. 5
-- 9 of 14 --
Act No. 59/2000
Essential Services Legislation (Dispute Resolution) Act 2000
9
PART 5—AMENDMENT OF WATER ACT 1989
6. New Division 4A inserted in Part 6
After Division 4 of Part 6 of the Water Act 1989
insert—
"Division 4A—Customer Dispute Resolution
110A. Customer dispute resolution
(1) An Authority must on or before a date to be
determined by the Treasurer enter into a
customer dispute resolution scheme
approved by the Office of the Regulator-
General established under the Office of the
Regulator-General Act 1994.
(2) A dispute resolution scheme provided for in
accordance with this section is in addition to
and not in derogation of any right of review
a person may have under this Act.
(3) In approving a dispute resolution scheme the
Office of the Regulator-General must have
regard to—
(a) the need to ensure that the scheme is
accessible to and that there are no cost
barriers to persons using the scheme;
and
(b) the need to ensure that the scheme is
independent of the members of the
scheme; and
(c) the need for the scheme to be fair and
be seen to be fair; and
(d) the need to ensure that the scheme will
publish decisions and information about
complaints received by the scheme so
as to be accountable to the members of
See:
Act No.
80/1989
Reprint No. 5
as at
18 May 1999
and
amending
Act Nos
22/1999,
65/1999 and
30/2000.
LawToday:
www.dms.
dpc.vic.
gov.au
s. 6
-- 10 of 14 --
Act No. 59/2000
Essential Services Legislation (Dispute Resolution) Act 2000
10
the scheme and the persons using the
scheme; and
(e) the need for the scheme to undertake
regular reviews of its performance to
ensure that its operation is efficient and
effective.
(4) This section only applies to an Authority that
has a water district or a sewerage district or
an irrigation district.".
_______________
s. 6
-- 11 of 14 --
Act No. 59/2000
Essential Services Legislation (Dispute Resolution) Act 2000
11
PART 6—AMENDMENT OF MELBOURNE WATER
CORPORATION ACT 1992
7. New section 16A inserted
After section 16 of the Melbourne Water
Corporation Act 1992 insert—
"16A. Customer dispute resolution
(1) The Corporation must on or before a date to
be determined by the Treasurer enter into a
customer dispute resolution scheme
approved by the Office of the Regulator-
General established under the Office of the
Regulator-General Act 1994.
(2) A dispute resolution scheme provided for in
accordance with this section is in addition to
and not in derogation of any right of review
a person may have under the MMBW Act.
(3) In approving a dispute resolution scheme the
Office of the Regulator-General must have
regard to—
(a) the need to ensure that the scheme is
accessible to and that there are no cost
barriers to persons using the scheme;
and
(b) the need to ensure that the scheme is
independent of the members of the
scheme; and
(c) the need for the scheme to be fair and
be seen to be fair; and
(d) the need to ensure that the scheme will
publish decisions and information about
complaints received by the scheme so
as to be accountable to the members of
See:
Act No.
54/1992
Reprint No. 1
as at
5 December
1996
and
amending
Act Nos
110/1997 and
46/1998.
LawToday:
www.dms.
dpc.vic.
gov.au
s. 7
-- 12 of 14 --
Act No. 59/2000
Essential Services Legislation (Dispute Resolution) Act 2000
12
the scheme and the persons using the
scheme; and
(e) the need for the scheme to undertake
regular reviews of its performance to
ensure that its operation is efficient and
effective.".
═══════════════
s. 7
-- 13 of 14 --
Act No. 59/2000
Essential Services Legislation (Dispute Resolution) Act 2000
13
ENDNOTES
† Minister's second reading speech—
Legislative Council: 6 September 2000
Legislative Assembly: 26 October 2000
The long title for the Bill for this Act was "to amend the Electricity
Industry Act 1993, the Gas Industry Act 1994, the Water Industry
Act 1994, the Water Act 1989 and the Melbourne Water Corporation
Act 1992 to provide for customer dispute resolution and for other
purposes."
Endnotes
-- 14 of 14 --