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Taking complaints
When a consumer contacts EOQ, we will determine if they have given their energy supplier a reasonable opportunity to resolve their complaint and if we can assist with their type of complaint. If so, they will be assigned an investigation officer who will try to resolve their case.
Notice of investigation
The investigation officer will provide the energy supplier with an investigation notice that informs them of the complaint details and that an investigation is about to commence.
Investigation procedure
Our investigation officers will use negotiation and/or conciliation skills in their attempts to resolve a dispute. The Energy Ombudsman may, by written notice, require the energy supplier to provide relevant documents and/or information to assist with the investigation. The notice will state a reasonable period for the supplier to comply with the request.
Interim orders
During the course of an investigation, the Energy Ombudsman may order an energy supplier (in the form of an interim order) to do, not do or stop doing a particular action concerning the dispute until the investigation ends. For example, if the dispute involves disconnection of a consumer, the order could be that, until the investigation ends, the energy supplier must not disconnect the consumer's power.
Resolving disputes
If the dispute cannot be resolved through negotiation or conciliation, the Energy Ombudsman may decide to make, or refuse to make, a final order against the supplier to resolve the dispute.
Final order
If the Energy Ombudsman decides to make an order in favour of the consumer, the energy supplier can be ordered to:
• pay compensation
• provide a non-monetary solution to remedy the dispute
• amend a stated charge
• end a negotiated contract with a consumer, and/or
• carry out corrective work.
Notice of decision
Prior to the Energy Ombudsman making a final order, a decision will be circulated to all affected parties for consideration and comment. The decision of the Energy Ombudsman, and the reasons for the decision, will be in writing.
Acceptance of the final order
The consumer can choose within 21 days of receiving the final order to notify the Energy Ombudsman in writing if they accept or do not accept the final order. If the consumer does not notify the Energy Ombudsman within 21 days, the decision becomes final and the consumer and energy supplier are bound by it. If the final order is accepted, the energy supplier can seek a review under the Judicial Review Act 1991.
If the consumer elects not to accept the final order, it will not take effect. The Energy Ombudsman must give the energy supplier a written notice about whether or not the final order has been accepted.
Enforcement of the final order
The consumer may file the accepted final order in a Magistrates Court. Alternatively, the Energy Ombudsman may file the final order on behalf of the consumer. Once filed, the final order is taken to be a judgment of that court for the stated amount in favour of the consumer, against the supplier.
If the energy supplier does not comply with a direction given for a final order, a maximum penalty of 100 penalty points (one penalty point is $75) may be applied. In addition, non compliance may be referred to the appropriate regulator under an energy Act.
