Energy Coordination (Ombudsman Scheme) Amendment Regulations 2005 (WA)

2076 GOVERNMENT GAZETTE, WA 13 May 2005

EN302*

Energy Coordination Act 1994

Energy Coordination (Ombudsman Scheme)

Amendment Regulations 2005

Made by the Governor in Executive Council.

1.            Citation

These regulations are the Energy Coordination (Ombudsman
Scheme) Amendment Regulations 2005.

2.            Commencement

" in accordance with regulation 8 ".

These regulations come into operation on the day on which they are published in the Gazette.

3.            The regulations amended

The amendments in these regulations are to the Energy
Coordination (Ombudsman Scheme) Regulations 2004*.

r Published in Gazette 28 May 2004, p. 1833-351

4.            Regulation 3 amended

Regulation 3(f) is amended by deleting "at least by the second anniversary of the inception of the scheme" and inserting instead —

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GOVERNMENT GAZETTE, WA

5.            Regulation 6A inserted

After regulation 6 the following regulation is inserted -

6A.	Reasons for decisions
For the purposes of section 11ZQ of the Act, the scheme will provide for the giving of reasons for decisions made in dealing with a dispute or complaint that the GlO has had to investigate, to the parties to the dispute or complaint.

6.             Regulations 8 and 9 inserted

After regulation 7 the following regulations are inserted -

[l

8.            Review of schemes

(1)	The governing body of a scheme must review the scheme before the second anniversary of the inception of the scheme and biannually after that.
(2)	In reviewing the scheme, the governing body must consult with all, or as many as is practicable, of the persons and bodies the governing body considers have an interest in the scheme.
(3)	The governing body must give a report on the review to the Authority.

9.            Revocation of a scheme's approval

(1) Before exercising the power of revocation in

section 1 IZQA of the Act, the Authority must comply

with subregulations (2) to (5).

(2) The Authority must notify -	(a)	the Minister;
(b)	the Minister to whom the administration of the Consumer Affairs Act 1971 is committed; and
(c)	the public,

of its intention to exercise the power of revocation.

(3) The notification must -

(a)	set Out the reasons for, and invite submissions on, the proposed exercise of the power of revocation;
(b)	specify the last day on which submissions will be received by the Authority (at least 30 days after the day of the notification); and
(c)	specify the formats in which submissions will be received by the Authority.

2078 GOVERNMENT GAZETTE, WA 13 May 2005

(4) To comply with subregulation (2)(c), the notification

must be published -

(a)	in the Gazette;
(b)	in a newspaper circulating in Western Australia;
(c)	on an internet website maintained by the Authority; and
(d)	by sending it (electronically or otherwise) to persons listed on the Authority's mailing list as interested in receiving notices from the Authority.

(5) The Authority must take into account all submissions
received on or before the last day for receiving
submissions.

(6) A copy of each submission received by the Authority

on or before the last day for receiving submissions must, unless the person making the submission has specified that it is confidential -

(a)	be displayed on an internet website maintained by the Authority; and
(b)	be available on request.

(7) Once the Authority has decided whether or not it will of its decision, in the same way it notified them of its intention to exercise that power. exercise the power of revocation, it must notify the

By Command of the Governor,

M. C. WAUCHOPE, Clerk of the Executive Council.