Energy & Water Ombudsman Scheme Forbes Smith Energy and Water Ombudsman Queensland Queensland Association of Independent Legal Services Conference 25 May 2015

About EWOQ Free, fair and independent dispute resolution service for residential and small business energy customers across Qld and water customers in south-east Qld

EWOQ History Established on 1 July 2007 with the introduction of full retail competition in the energy market. On 1 January 2011, our responsibilities were expanded to include dispute resolution for water and wastewater customers in South East Queensland

Funding EWOQ is fully funded by fees imposed on scheme participants who are energy (electricity and reticulated gas) and water retailers and distributors under the Energy and Water Ombudsman Act 2006 (the Act)

The electricity retailers in Queensland which are members of the EWOQ Scheme are: AGL Click Energy Diamond Energy Dodo Power & Gas EnergyAustralia Ergon Energy (regional Queensland) Lumo Energy Momentum Energy Origin Energy Powerdirect Qenergy Red Energy Sanctuary Energy Simply Energy

The gas retailers in Queensland which are members of the EWOQ Scheme are: AGL Maranoa Regional Council Origin Energy Western Downs Regional Council

The electricity distributors in Queensland which are members of the EWOQ Scheme are: ENERGEX (south-east Queensland) Ergon Energy (regional Queensland) Essential Energy (previously Country Energy)

The gas distributors in Queensland which are members of the EWOQ Scheme are: APT Allgas Australian Gas Networks Limited Maranoa Regional Council Western Downs Regional Council

The water distributor-retailers in south-east Queensland which are members of the EWOQ scheme are: Gold Coast City Council Logan City Council Redland City Council Queensland Urban Utilities Unitywater

Jurisdiction Prior to EWOQ being able to assist, customers must first contact their water supplier to attempt to resolve the issue. EWOQ can only assist residential or small business customers who consume under 1 megawatt hour of electricity per year, 1 terajoule of reticulated gas, or 100 kilolitres per annum for water. Sometimes we refer complaints to another organisation if the complaint falls outside EWOQ’s jurisdiction

Typical complaints Billing – high/disputed bill, delays, errors, estimated accounts, fees and charges, rebates/concessions, rate, meter, refunds. Credit – disconnection, payment difficulties, bad debt, water restriction. Customer service – failure to inform/respond, incorrect advice, poor attitude/service, privacy issues, etc. Land – impact of network assets, maintenance, vegetation management. Marketing – energy and water marketing. Provision – problems with new or existing connections

Pathways for Complaints Refer back to scheme participant Referral to other organisations Referral to higher level (RHL) at the scheme participant Investigation

Referral to higher level The RHL process gives the customer the option of having routine problems escalated to a higher level within the scheme participant rather than EWOQ conducting an investigation. If a customer chooses this option, EWOQ will contact a person at a higher level within the scheme participant concerned. The scheme participant must then contact the customer by phone within 48 hours or in writing within five business days if phone contact cannot be made. If the problem remains unresolved, the customer can contact EWOQ to begin an investigation

Investigation We can only assist the actual account holder, unless permission, either written or oral, has been given to a person to act on the account holder’s behalf. If the customer has given the scheme participant a reasonable opportunity to resolve the complaint, an EWOQ investigation officer will then be assigned to manage the case and keep the customer informed of its progress

To assist in investigations, we may request: account records copies of letters or other correspondence technical reports details of any offers such as compensation reasons for any decisions made by the scheme participant regarding the customer’s complaint a meter test Investigation

Conciliation Most complaints lodged with us are resolved through conciliation. We will conciliate between the customer and the scheme participant to resolve the complaint. During conciliation all parties are given equal opportunity to discuss the issue/s and work through options to reach a mutually acceptable outcome

Credit cases Credit cases are complaints concerning: Payment difficulties Disconnection Bad debt

Assistance in credit cases Payment plans Centrepay Financial hardship programs Home Energy Emergency Assistance scheme Pensioner rebates Medical concessions Drought relief Help for managing a financial crisis

Final order If a matter cannot be resolved via negotiation or conciliation, the Energy and Water Ombudsman can decide to make a final order against the scheme participant to resolve the customer’s case. The Energy and Water Ombudsman can order scheme participants to: incur costs or pay compensation up to $20,000 ($50,000 with the consent of both parties) provide a non-monetary solution to remedy the dispute amend a stated charge under the Energy and Water Ombudsman Act 2006 carry out corrective work. A final order for the payment of a stated amount of money can be filed in the Magistrates Court by the customer and it becomes an order of the court. Under the Act my office can assist in the filing. I can also refer non-compliance with the order to the Regulator for action

Systemic Issues EWOQ also conducts investigations into systemic issues. A problem which a person has with an energy or water entity which affects, or has the potential to affect, more than one customer

Causes Systemic issues may be caused by: human error inadequate training inadequate planning a failure to adhere to policies and procedures inadequate billing systems inadequate IT systems

Lodging a complaint A complaint can be made in many ways: Online complaint form - Freecall: Calls from mobile phones may attract charges (we will call back a customer using a mobile phone). Fax: (07) Write to: PO Box 3640, South Brisbane Qld 4101 Visit our nearest office: Brisbane - Level 16, 53 Albert Street, City(8:30am-5pm) Rockhampton - Level 2, 209 Bolsover Street (8:30am-4:45pm) Cairns - Level 1, Cairns Corporate Tower 15 Lake Street (8:30am-5pm) Interpreter services: For help using an interpreter visit TIS National Relay Service: For help using this service visit NRS

Complaints portal energywatercomplaints.com.au

Questions?