Marcus Claridge Director Energy and Water October 2017 Energy and Water Ombudsman Western Australia Presentation to FCAWA 2017 Conference Marcus Claridge Director Energy and Water October 2017 Energy and Water Ombudsman Western Australia Free, independent and fair dispute resolution October 2017

Overview of Presentation What we do What is a complaint Who can complain Who you can complain about When you can complain What we can and cannot investigate What happens when you complain How to contact us Energy and Water Ombudsman Western Australia Free, independent and fair dispute resolution

What we do The Ombudsman receives, investigates and facilitates the resolution of complaints about electricity, gas and water services providers. We are guided by the principles of: Independence; Natural justice; Access; Equity; Effectiveness; and Community awareness. Our services are free to the complainant. Energy and Water Ombudsman Western Australia Free, independent and fair dispute resolution

What is a complaint A ‘complaint’ is defined as: ‘an expression of dissatisfaction made to or about an organisation, related to its products, services, staff or the handling of a complaint, where a response or resolution is explicitly or implicitly expected or legally required.’ Energy and Water Ombudsman Western Australia Free, independent and fair dispute resolution

Who can complain A complaint or dispute must have arisen from events which became known to the complainant less than one (1) year prior to the complaint or dispute being lodged with the Ombudsman. The Ombudsman has a discretion to investigate any complaint or dispute arising from events before these dates, provided that the dispute or complaint did not arise earlier than one (1) year before the commencement of the relevant Scheme: Gas commenced in 2004; Electricity commenced in 2005; and Water commenced on 1 January 2014. Energy and Water Ombudsman Western Australia Free, independent and fair dispute resolution

Who can complain For gas and electricity, complaints can be made by small use customers using: Less than 160 MWh of electricity per annum (about $39,000 to $58,000 depending on the type of customer). Less than 1 Terajoule of gas (about $28,000 to $43,000 depending on location and type of customer). There is no similar definition for water - in practical terms there is no material difference due to the monetary limits available under the Energy and Water Ombudsman Scheme. Energy and Water Ombudsman Western Australia Free, independent and fair dispute resolution

Who you can complain about You can complain about the electricity, gas and water services providers listed on our website or you can contact us for information. All the electricity, gas and water services providers who are licensed to operate in Western Australia are Members of the Energy and Water Ombudsman Scheme. Energy and Water Ombudsman Western Australia Free, independent and fair dispute resolution

What we can investigate Matters the Ombudsman can investigate include: The provision or supply (or failure to provide or supply) gas, electricity or water services to a customer; Billing; The administration of credit and payment services; Alleged or disputed debts and the recovery of debts; Disconnection and restriction of supply and refundable advances; Payments for breaches of electricity or water service standards; Energy and Water Ombudsman Western Australia Free, independent and fair dispute resolution

What we can investigate Matters the Ombudsman can investigate include (cont’d): Marketing of services; The exercise of statutory powers in relation to land, neighbouring land or property; and Complaints by a person other than a customer who is affected by a water service. Energy and Water Ombudsman Western Australia Free, independent and fair dispute resolution

What we cannot investigate Matters the Ombudsman cannot investigate include: How prices or tariffs are set; Commercial activities that are outside the Member’s licence to supply gas, electricity or water services; The content of Government policies; Complaints under consideration by, or previously considered by any court or tribunal, or the Ombudsman considers should be dealt with by a court or tribunal; Any matter specifically required by legislation, codes, licenses, orders only to be handled by the Economic Regulation Authority or another government authority; and Issues to do with bottled gas. Energy and Water Ombudsman Western Australia Free, independent and fair dispute resolution

What happens when you complain The Ombudsman, in handling complaints and disputes, must pursue them in a fair, reasonable, just, informal and expeditious manner having regard to the law and licences, industry codes, deemed contracts and good industry practice applicable to the relevant Member. In resolving a complaint, the Energy and Water Ombudsman must take into account: Events beyond the reasonable control of a Member. Actions taken by a Member (and any resulting consequence) that are in compliance of a direction or notice received by the Member. Energy and Water Ombudsman Western Australia Free, independent and fair dispute resolution

What happens when you complain We do not investigate a complaint unless the Member has first had an opportunity to consider the matters raised. Stage 1 Complaint If a customer complains about a Member but has not yet raised their complaint with the Member – the Ombudsman refers the customer back to the Member. Stage 2 Complaint If a customer has had at least one unresolved contact with the Member and complains to the Ombudsman, we will refer the complaint to a higher level officer at the Member for resolution within 10 business days. Energy and Water Ombudsman Western Australia Free, independent and fair dispute resolution

What happens when you complain If a complaint is not resolved within ten business days of the referral to a higher level officer at the Member, the complainant can bring the matter back to the Energy and Water Ombudsman for investigation. Facilitated Resolution the Energy and Water Ombudsman may, where appropriate, actively liaise with both parties in an attempt to facilitate a resolution before or during an investigation. Investigation If the complaint is not resolved the Ombudsman may investigate the complaint. Energy and Water Ombudsman Western Australia Free, independent and fair dispute resolution

What happens when you complain The Ombudsman will initially assess the complaint to determine whether the matter is in jurisdiction and may decline to investigate if: The complainant does not have sufficient interest in the matter; An investigation is not warranted; or There is a more appropriate body to deal with the complaint. Energy and Water Ombudsman Western Australia Free, independent and fair dispute resolution

What happens when you complain If an investigation is undertaken the Ombudsman will request information and/or documents from both the Member and complainant. During an investigation the Ombudsman will explore with the parties opportunities to resolve the complaint. The Ombudsman will keep parties to a complaint informed as to the progress; and Will advise all parties as to the outcome of the investigation. Energy and Water Ombudsman Western Australia Free, independent and fair dispute resolution

What happens when you complain Following an investigation, the Ombudsman can either: Dismiss the complaint, finding no fault by the Member; or Resolve the complaint, in which an aspect of the complaint has been substantiated by making a determination or direction such as: pay compensation, provide a service, amend or not impose a charge, supply goods or services or correct records. Energy and Water Ombudsman Western Australia Free, independent and fair dispute resolution

What happens when you complain The resolution in relation to an individual complaint or dispute cannot: exceed $20,000; or with the consent of all parties, exceed $50,000 If the Ombudsman makes a determination, it is binding on the Member but not the complainant. Energy and Water Ombudsman Western Australia Free, independent and fair dispute resolution

Types of complaints 2015-16 Most gas complaints (96%), electricity complaints (89%) and water complaints (89%) are closed within 10 business days. For both gas and electricity, the most common allegations made by customers continue to relate to billing and credit, with the most common being related to high bills and payment of arrears for both gas and electricity. For water the most common allegations made by customers relate to billing and water supply, with the most common being related to high bills. Energy and Water Ombudsman Western Australia Free, independent and fair dispute resolution

How to contact us Energy and Water Ombudsman Western Australia 2nd Floor, Albert Facey House 469 Wellington Street Perth WA 6000 Tel: 08 9220 7588 or Freecall 1800 754 004 Fax: 08 9220 7599 or Freefax 1800 611 279 Email: energyandwater@ombudsman.wa.gov.au Website: www.ombudsman.wa.gov.au/energyandwater Energy and Water Ombudsman Western Australia Free, independent and fair dispute resolution

Questions Questions Energy and Water Ombudsman Western Australia Free, independent and fair dispute resolution