Untitled document

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

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ENDNOTES 13

i

Victoria

No. 59 of 2000

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 dispute resolution.

Electricity Industry Act 1993, the Gas Industry
Act 1994, the Water Industry Act 1994, the
Water Act 1989 and the Melbourne Water

Essential Services Legislation (Dispute Resolution) Act 2000

s. 2 Act No. 59/2000

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.

_______________
Essential Services Legislation (Dispute Resolution) Act 2000

Act No. 59/2000 s. 3

PART 2—AMENDMENT OF ELECTRICITY INDUSTRY ACT

1993

See:

3. New section 163AAB inserted Act No.
130/1993

After section 163AAA of the Electricity	Reprint No. 4
Industry Act 1993 insert—	as at 8 June 1999
"163AAB. Customer dispute resolution	and
amending
Act Nos

(1) A licence to—	110/1994, 56/1995,
(a) distribute or supply electricity; or	8/1996, 35/1997,
(b) sell electricity—	55/1997, 105/1997,
must be issued subject to a condition	25/1998,
requiring the licensee to enter into a	36/1999 and 38/2000.
customer dispute resolution scheme	LawToday:
approved by the Office.	dpc.vic.
(2) In approving a customer dispute resolution	gov.au

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)	publish decisions and information about

the need to ensure that the scheme will as to be accountable to the members of

Essential Services Legislation (Dispute Resolution) Act 2000

s. 3	Act No. 59/2000
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).".

_______________
Essential Services Legislation (Dispute Resolution) Act 2000

Act No. 59/2000 s. 4

PART 3—AMENDMENT OF GAS INDUSTRY ACT 1994

See:

4. New section 48FA inserted Act No.
112/1994

After section 48F of the Gas Industry Act 1994	Reprint No. 3
insert—	as at 11 May 1999
"48FA. Customer dispute resolution	and
amending
Act Nos

(1) A licence authorising a person to—	31/1995, 91/1997,
(a) provide services by means of a	31/1998,

distribution pipeline; or 40/1998, 91/1998,

(b) sell gas by retail—	96/1998, 36/1999,
must be issued subject to a condition	39/1999 and 58/1999.
requiring the licensee to enter into a	LawToday:
customer dispute resolution scheme	dpc.vic.
approved by ORG.	gov.au

(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)	publish decisions and information about

the need to ensure that the scheme will as to be accountable to the members of

Essential Services Legislation (Dispute Resolution) Act 2000

s. 4	Act No. 59/2000
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).".

_______________
Essential Services Legislation (Dispute Resolution) Act 2000

Act No. 59/2000 s. 5

PART 4—AMENDMENT OF WATER INDUSTRY ACT 1994

See:

5. New section 11A inserted Act No.
121/1994

After section 11 of the Water Industry Act 1994	Reprint No. 3
insert—	as at 1 January
"11A. Customer dispute resolution	1999
and
amending

(1) A licence must be issued subject to a	Act No.
condition requiring the licensee to enter into	22/1999.
a customer dispute resolution scheme	LawToday:
approved by the Office of the Regulator-	dpc.vic.
General.	gov.au

(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) Regulator-General under this Act and

the objectives of the Office of the 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

Essential Services Legislation (Dispute Resolution) Act 2000

s. 5 Act No. 59/2000

(e) publish decisions and information about

the need to ensure that the scheme will 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).".

_______________
Essential Services Legislation (Dispute Resolution) Act 2000

Act No. 59/2000 s. 6

PART 5—AMENDMENT OF WATER ACT 1989

See:

6. New Division 4A inserted in Part 6 Act No. 80/1989

After Division 4 of Part 6 of the Water Act 1989	Reprint No. 5
insert—	as at 18 May 1999 and

"Division 4A—Customer Dispute Resolution amending
Act Nos
22/1999,

110A. Customer dispute resolution 65/1999 and
30/2000.

(1) An Authority must on or before a date to be	LawToday:
determined by the Treasurer enter into a	dpc.vic.
customer dispute resolution scheme	gov.au
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)	publish decisions and information about

the need to ensure that the scheme will as to be accountable to the members of

Essential Services Legislation (Dispute Resolution) Act 2000

s. 6	Act No. 59/2000
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.".

_______________
Essential Services Legislation (Dispute Resolution) Act 2000

Act No. 59/2000 s. 7

PART 6—AMENDMENT OF MELBOURNE WATER

CORPORATION ACT 1992

See:

7. New section 16A inserted Act No. 54/1992

After section 16 of the Melbourne Water	Reprint No. 1
Corporation Act 1992 insert—	as at 5 December
"16A. Customer dispute resolution	1996
and
amending

(1) The Corporation must on or before a date to	Act Nos
be determined by the Treasurer enter into a	110/1997 and
customer dispute resolution scheme	46/1998. LawToday:
approved by the Office of the Regulator-
General established under the Office of the	dpc.vic.
gov.au
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)	publish decisions and information about

the need to ensure that the scheme will as to be accountable to the members of

Essential Services Legislation (Dispute Resolution) Act 2000

s. 7	Act No. 59/2000
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.".

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Essential Services Legislation (Dispute Resolution) Act 2000

Act No. 59/2000 Endnotes

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."