Energy & Water Ombudsman, Victoria, Australia
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About
EWOV has the power to investigate and resolve disputes between Victorian consumers and their electricity, gas and water companies.
The Energy and Water Ombudsman (Victoria) (EWOV) is an alternative dispute resolution scheme. It is not a government body, but a not-for-profit company. It receives, investigates and resolves customer complaints about electricity, natural gas, bottled gas (LPG) and water companies operating in Victoria.
These companies – our scheme participants – pay an annual fee and also pay for each complaint received against them. That gives them an interest in resolving complaints at their companies before they get to EWOV.
What kinds of complaints can be handled?
EWOV can examine complaints in relation to:
- the provision and supply of electricity, natural gas, liquefied petroleum gas (LPG) and water services
- failure to provide or supply those services
- billing
- credit and payment services
- electricity and gas disconnections and water restrictions for debt
- refundable advances (security deposits)
- land and property issues
- matters referred to us by the Essential Services Commission
- matters referred to us by an electricity, gas or water company — with the consent of the person complaining.
EWOV cannot deal with the following issues:
- the setting of prices or tariffs
- commercial activities outside of an energy or water company's licence or core business
- the content of Government policies, legislation, licences and codes
- complaints which are being or have been considered by a court or tribunal
- any matter specifically required by legislation
- customer contributions to the cost of capital works
- events beyond an energy or water company's reasonable control, and their consequences, bearing in mind current law and reasonable and relevant industry practice
- actions taken by an energy or water company, and their consequences, at the direction of a person or * entity having regulatory or administrative power.
Who can access the mechanism?
EWOV's services are free to customers, but complaints will only be investigated after the company has had a reasonable opportunity to resolve it. That usually means at least two contacts with the company. Please see contact details for electricity, gas and water company contacts.
If you want somebody to act on your behalf — or someone wants you to act on their behalf — permission needs to be given. This can be given by filling in an Authority to Act form: Authority to Act form for an individual, Authority to Act form for a business and Authority to Act form for Members of Parliament/Electorate Officers.
What processes are used?
You must discuss your problem with the customer service people at your electricity, gas or water company first. If you are unable to resolve a problem with your electricity, gas or water provider, the Energy and Water Ombudsman (Victoria) can help. Complaints can be submitted; by phone, fax, email. post or through the online complaints form.
Conciliation
Once a complaint has been submitted, a Conciliator will be assigned to your case. The energy or water company is then contacted by the Conciliator to advise that you’ve lodged a complaint and the details of this. The company will be asked to provide information within 14 days, about the circumstances that lead to the complaint and any suggestions it may have to resolve the matter.
The Conciliator may also seek independent technical information, or professional advice. There is no charge for this.
The Conciliator will keep in touch with you as the case progresses (usually by phone but maybe in writing for more complex matters).
What are the possible outcomes or available resolutions to complaints?
Where during the process of conciliation, the energy or water company proposes a solution to your complaint, the Conciliator will contact you to see whether you are satisfied with the proposed solution:
- If you are satisfied with the proposed solution, your Conciliator will confirm the details of the resolution of your complaint with you and with your energy or water company. Your company will act on the solution and your case file will be closed.
- If you are not satisfied with the proposed solution, and the EWOV believes there is sufficient information to support your case, the EWOV will continue the investigation.
If the EWOV concludes that a complaint cannot be supported, the reasons for this will be explained to you.
Binding Decisions
Where you and your energy or water company cannot agree on a solution, the Ombudsman can make a Binding Decision on a case (although this is rare). A Binding Decision is based on what is fair and reasonable in the circumstances taking into account good industry practice and any relevant law.
Can the decision be appealed?
A Binding Decision is only binding on the relevant energy or water company. The customer can accept or reject the binding decision and take further action in another forum (e.g. the courts).
If you’re unhappy with how your case has been handled by us, please discuss those concerns with your Conciliator first. If you remain dissatisfied, you should ask to speak with your Conciliator’s Manager.
Can outcomes be monitored?
Can outcomes be enforced?
Other characteristics of the mechanism?
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