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Energy and Water Ombudsman Amendment Bill 2015
Energy and Water Ombudsman Amendment
Bill 2015
Explanatory Notes
FOR
Amendments To Be Moved During
Consideration In Detail By The Honourable
Mark Bailey MP
Title of the Bill
Energy and Water Ombudsman Amendment Bill 2015
Objectives of the Amendments
The objective of this amendment to the Energy and Water Ombudsman Amendment Bill 2015
(the Bill) is to allow the Energy and Water Ombudsman (the Ombudsman) to disclose the
customer identifying information of a customer who brings a dispute to the Energy and Water
Ombudsman Queensland (EWOQ) to the relevant energy or water entity for the purposes of
invoicing the entity for user-pays fees for all case types. Previously, the Bill only allowed for
this in relation to the invoicing of energy and water entities for user-pays fees for one specific
case type known as 'refer back to provider'.
Achievement of the Objectives
The policy objective will be achieved by the passage of this amendment.
Alternative Ways of Achieving Policy Objectives
There are no other methods of achieving these policy objectives.
Estimated Cost for Government Implementation
No cost is expected to be associated with the passage of these amendments.
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Energy and Water Ombudsman Amendment Bill 2015
Consistency with Fundamental Legislative Principles
No fundamental legislative principle issues have been identified in relation to these
amendments.
Consultation
The Office of the Queensland Parliamentary Council and a designated Privacy Officer on behalf
of the Queensland Privacy Commissioner were consulted in relation to this amendment.
NOTES ON PROVISIONS
Clause 1 amends clause 11 of the Bill by removing amendments to section 25A of the Energy
and Water Ombudsman Act 2006 (Qld) (the EWO Act) and inserting a new section 25B.
Clause 1 has the effect of allowing EWOQ to disclose a customer's customer identifying
information to a utility (energy or water) entity, but only to the extent reasonably necessary
for the invoicing of the entity for user-pays fees (for all case types). This new section
includes the example of a utility entity using a customer's account number to confirm that it
is being charged user-pays fees for a complaint relating to one of its customers (and not
another entity's customers). This section also outlines that the disclosure of customer
identifying information applies to situations where an eligible customer makes a dispute
referral to EWOQ but EWOQ advises the customer that the customer either cannot make the
dispute referral (under section 19A(1)(c)), or EWOQ refuses to investigate the dispute
referral or continue the investigation of the dispute referral (under section 22(1)(d).
Clause 2 amends Clause 14 of the Bill. Clause 2 has the effect of replacing a reference to
section 25A in section 79 of the EWO Act with a reference to new section 25B. This is
necessary as a result of amendments made under Clause 1 described above.
©The State of Queensland 2013
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