Water and Sewerage Industry (Customer Service Standards) Regulations 2009
I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Water and Sewerage Industry Act 2008 .
16 November 2009PETER G. UNDERWOOD
Governor
By His Excellency's Command,
D. E. LLEWELLYN
Minister for Primary Industries and Water
PART 1 - Preliminary Provisions
These regulations may be cited as the Water and Sewerage Industry (Customer Service Standards) Regulations 2009 .
These regulations take effect on the seventh day after the day on which their making is notified in the Gazette.
(1) In these regulations –account, in relation to a regulated entity, means a written instrument issued, or to be issued, to a customer of the entity, setting out any fees or interest that are payable to the entity by the customer;Act means the Water and Sewerage Industry Act 2008 ;billing period, in relation to a customer, means the period (which may be recurrent) in respect of which an account may be issued by a regulated entity to the customer;class of customer, in relation to a regulated entity, means a class of customer of the entity that is a class set out in a customer charter published by the entity in accordance with regulation 4 ;code means a customer service code, issued by the Regulator under section 57 of the Act, for a regulated service;customer charter means a customer charter that is required in accordance with regulation 4 to be prepared by a regulated entity in accordance with a code;fee includes –(a) a one-off fee or charge; and(b) a volumetric charge; and(c) a fee that is payable periodically; and(d) a scale of fees or charges; and(e) an amount of money determined using a method of calculation or by application of a policy;infrastructure means water infrastructure or sewerage infrastructure;payment plan means a plan, containing the matters that are required under regulation 26(7) to be specified in such a plan, for payment by a customer of an amount of money that is due and payable by the customer to a regulated entity;planned interruption, in relation to a property, means an interruption, to the provision of a regulated service to the property, that is necessary in order to maintain, augment or upgrade a regulated entity's infrastructure;regulated entity, in relation to a provision that is required by these regulations to be included in a code, means a regulated entity providing a regulated service to which the code relates;special meter reading, in relation to a water meter that is used for the purposes of a regulated entity, means a reading of the meter at a time other than the end of the period at which the meter would usually be read by the entity;special needs customers means –(a) customers of a regulated entity who require the services of a dialysis machine at properties to which a regulated service is provided by the entity; and(b) customers of a regulated entity who are determined by the entity to have special requirements, because of a medical condition of the customers or persons to whom services are provided by the customers, in respect of the provision by the entity of a regulated service; and(c) customers of a regulated entity in relation to whom a determination under subregulation (2) applies;unplanned interruption, in relation to a property, means an interruption to the provision of a regulated service to the property that is an interruption that –(a) is not caused by the regulated entity; or(b) is necessitated by an event beyond the regulated entity's control.(2) For the purposes of these regulations, the Regulator may determine –(a) that a class of persons are special needs customers because of a medical condition suffered by the persons or persons to whom services are provided by the customers; and(b) the special requirements of such customers; and(c) that a regulated entity is required to specify in a code the special requirements.
PART 2 - Customer Charters
4. Code to require regulated entities to produce customer charters
(1) A code must specify that a regulated entity –(a) must prepare a customer charter in respect of each class of customers of the entity; and(b) must provide to the Regulator for his or her approval under regulation 5 a customer charter prepared by the entity; and(c) must, if a customer charter is approved by the Regulator under regulation 5 , publish the charter in accordance with the requirements for publication set out in the code in accordance with subregulation (4) .(2) A code must specify that a customer charter may relate to one or more classes of customers of the regulated entity that are specified in the charter.(3) A code must specify that a regulated entity must not, in its dealings with members of a class of customers of the entity to which a customer charter published by the entity relates, contravene the customer charter.(4) A code must specify the procedure to be adopted by a regulated entity in preparing, providing to the Regulator for approval, providing to the customers of the entity, and publishing, a customer charter.(5) The provisions of a code that specify the procedure to be adopted by a regulated entity in preparing a customer charter may include provisions as to the consultation that a regulated entity must conduct with its customers about the proposed customer charter.
5. Approval of customer charters
(1) The Regulator may, on the application of a regulated entity, approve a customer charter of the entity.(2) The Regulator may only approve a customer charter if the charter complies with –(a) the Act, these regulations and any other relevant Act; and(b) any guidelines issued by the Regulator under the Act; and(c) the code.(3) The Regulator may only approve a customer charter if –(a) the charter contains the provisions that it is required by a code to contain; and(b) the charter does not contain provisions that are inconsistent with the provisions that the charter is required by a code to contain.
PART 3 - Connections to Services
6. Code to specify that regulated entity must connect certain customers
(1) A code must specify that a regulated entity is required to connect, to the entity's infrastructure, property that is owned or occupied by a person, if –(a) the property is within 30 metres of the infrastructure; and(b) the person requests the entity to connect the property to the infrastructure; and(c) the person has paid, or agreed to pay, all applicable fees for connection; and(d) the person has complied with all reasonable terms and conditions of connection imposed by the entity; and(e) the connection is required to be made by the provisions of the code, a customer charter made in accordance with the code, or a policy contained in a price and service plan of the regulated entity that is approved under section 65(5) of the Act; and(f) the physical characteristics or location of the property are not such as to require the application of unusual or unusually costly infrastructure, design or installation techniques in order for the connection to be made; and(g) no plan of subdivision, or other instrument of a type approved by the Regulator, specifies that connection to the regulated entity's infrastructure, or provision of services by the regulated entity, will not occur.(2) A code must specify –a regulated entity is to connect infrastructure to a property to which, in accordance with subregulation (1) , the entity is required to connect the infrastructure.(a) the process by which; and(b) the period, after an application for connection is made by a customer, in which –
7. Code to specify matters relating to security deposits
(1) A code must specify the circumstances, if any, in which a regulated entity may request a person to pay a security deposit for the connection of the entity's infrastructure to a property owned or occupied by the person.(2) A code that specifies circumstances for the purposes of subregulation (1) must specify a regulated entity's obligations in relation to receiving, holding, retaining and returning security deposits provided to the entity by a member of a class of customer of the entity.(3) A code must require a customer charter to specify the matters referred to in subregulations (1) and (2) .(4) In this regulation –security deposit means an amount of money that –(a) a customer may be required to provide to a regulated entity; and(b) may be retained by the entity, or returned to the customer, if certain events occur or do not occur.
PART 4 - Disconnections and Restrictions of Services
8. Code to specify when, and the manner in which, supply may be disconnected or restricted
(1) A code must specify that a regulated entity may only –(a) disconnect the supply of a sewerage service to a customer in the circumstances in relation to the customer that are specified in subregulation (2) ; and(b) disconnect the supply of a water service to a customer in the circumstances in relation to the customer that are specified in subregulation (2) or (3) ; and(c) restrict the supply of a water service to a customer in the circumstances in relation to the customer that are specified in subregulation (2) or (4) .(2) For the purposes of subregulation (1)(a) , (b) and (c) , the circumstances in relation to a customer are –(a) a planned interruption in relation to property owned or occupied by the customer is required by the regulated entity; or(b) the regulated entity suspects on reasonable grounds that the customer has committed an offence relating to safety in respect of the entity's infrastructure or an offence relating to illegal use of the entity's infrastructure; or(c) the regulated entity suspects on reasonable grounds that, without authority, the customer is taking or diverting, or has taken or diverted, water or sewage from the entity's infrastructure; or(d) the regulated entity is satisfied on reasonable grounds that a customer has engaged in conduct that has interfered with the supply of a regulated service to other customers or has jeopardised the safety of the entity's infrastructure; or(e) the customer has requested or agreed to the disconnection or restriction.(3) For the purposes of subregulation (1)(b) , the circumstances in relation to a customer are –(a) the customer is a customer of the regulated entity in respect of premises that are not residential premises; and(b) the customer has not paid a debt that is due and payable by the customer in respect of the supply of a water service to the premises; and(c) the disconnection is in respect of the supply of a water service to the premises.(4) For the purposes of subregulation (1)(c) , the circumstances in relation to a customer are that the customer has not paid a debt due and payable to the regulated entity that relates to the supply of a water service to the premises.(5) A code must specify the days and times, and the circumstances, if any, in which the supply of a regulated service must not be disconnected or restricted by a regulated entity, other than because of an unplanned interruption.(6) A code must specify that, before disconnecting or restricting a regulated service to a property, a regulated entity must consider the consequences to health, safety and the environment if the disconnection or restriction takes place.
9. Code to specify notice of certain disconnections or restrictions
(1) A code must specify that a regulated entity must not disconnect or restrict (other than under sections 56K , 56L and 56M of the Act) a regulated service provided to a customer unless, where practicable, the entity has given a notice to the customer –(a) containing the details specified in subregulation (2) ; and(b) in the required manner of notification specified in subregulation (3) or (4) , as the case may be; and(c) within the period specified in the code.(2) For the purposes of subregulation (1) , the details are –(a) the extent of the proposed disconnection or restriction; and(b) the reason for the proposed disconnection or restriction; and(c) the time at which the disconnection or restriction is to occur; and(d) the time at which, or the circumstances, if any, in which, the service will cease to be disconnected or restricted.(3) Except in the circumstances specified in subregulation (4) , for the purposes of subregulation (1) , the required manner of notification is –(a) a notice sent to the customer; or(b) a notice published in a newspaper circulating generally in the area in which the disconnection or restriction is to take place.(4) If, because a customer has failed to pay a debt due and payable to the regulated entity by the customer, a water service is disconnected or restricted –(a) the required manner of notification for the purposes of subregulation (1) is a notice sent to the customer; and(b) in addition to the details specified in subregulation (2) , the notice under subregulation (1) is to specify that the service will not be disconnected or restricted, as the case may be, if, within the period specified in the notice, which is to be the relevant period specified in the code in accordance with regulation 10(1) , the customer –(i) pays the debt; or(ii) enters into a payment plan or another agreement with the entity for the customer to pay the debt.
10. Code to specify matters relating to disconnection or restriction because of debt
(1) A code must specify that a regulated entity must not, because a customer has failed to pay a debt due and payable to the entity, restrict or disconnect a water service provided to the customer, if, within the period specified in the code, the customer –(a) pays the debt; or(b) enters into, with the entity, a payment plan, of a kind specified in the code, in relation to the debt; or(c) enters into an agreement with the entity for the customer to pay the debt.(2) A code must specify that if a regulated entity has, because a customer has failed to pay a debt due and payable to the entity, disconnected or restricted a water service provided to the customer, the regulated entity must restore the service to the customer, or remove the restriction, as soon as practicable after the customer –(a) pays the debt; or(b) enters into, with the entity, a payment plan, of a kind specified in the code, in relation to the debt; or(c) enters into an agreement with the entity for the customer to pay to the entity –(i) the debt; and(ii) if the water service has been disconnected or restricted, the fee, if any, that the entity may charge for the reasonable cost of restoring the service to the land owned or occupied by the person.(3) A code must specify that if a regulated service provided to a customer of a regulated entity has been disconnected or restricted because of an unplanned interruption to the service, the regulated entity must restore the service to the customer, or remove the restriction, as soon as practicable.
11. Minimisation of effect of planned and unplanned interruptions
(1) A code must specify that a regulated entity must develop a policy as to how the entity intends to minimise the effect on customers of planned interruptions, or unplanned interruptions, to regulated services provided to the customers.(2) A code must specify that a regulated entity's customer charter must specify –(a) the maximum period for which a planned interruption to a regulated service provided to the class of customer to which the charter applies may be expected to continue; and(b) the process that the entity must follow when undertaking a planned interruption, if the interruption does not end within the maximum period referred to in paragraph (a) ; and(c) the maximum period within which the entity must begin to take action to deal with an unplanned interruption to a regulated service provided to the class of customer to which the charter applies; and(d) the maximum period for which an unplanned interruption to a regulated service provided to the class of customer to which the charter applies may be expected to continue after the entity becomes aware of the interruption; and(e) the process that the entity must follow when an unplanned interruption occurs, if the interruption does not end within the maximum period referred to in paragraph (d) ; and(f) details as to the provision of emergency supplies of drinking water if a planned interruption, or an unplanned interruption, of the supply of water services to customers continues for longer than the maximum period referred to in paragraph (a) or (d) ; and(g) the estimated number of planned interruptions, and unplanned interruptions, to a regulated service that may be expected to occur within any 12-month period.(3) A code must specify that a regulated entity must take all reasonable steps to comply with the maximum periods specified in the entity's customer charter in accordance with subregulation (2)(a) , (c) and (d) .
12. Provision to be made for special needs customers
(1) A code must specify that a regulated entity must make special provision for special needs customers to ensure that all reasonable attempts are made so that, so far as is reasonably practicable –(a) those customers continue to have regulated services provided to them, despite planned interruptions or unplanned interruptions; and(b) the inconvenience caused to those customers by planned interruptions, or unplanned interruptions, to the supply of a regulated service is minimised; and(c) the requirements of those customers for regulated services to be provided to them, or for regulated services to resume after planned interruptions or unplanned interruptions occur, have, if necessary, priority over the needs of other customers.(2) A code must specify that a regulated entity's customer charter must specify the special provisions that the entity will make, in accordance with this regulation, in relation to special needs customers.
(1) A code in respect of water services must require that a regulated entity specify in its customer charter the minimum rate of flow of water that the entity will (except in the case of particular circumstances specified in the charter) provide to its customers.(2) The particular circumstances that may be specified in a charter are –(a) emergencies; and(b) water shortages; and(c) planned interruptions or unplanned interruptions to water services.(3) A code must specify the minimum rate of flow, or amount of flow, of water that the entity must provide to customers in respect of residential premises to which a water service has been restricted because the customer has failed to pay a debt due and payable to the entity.(4) The minimum rate of flow of water to a customer is to be measured –(a) at the water meter, if any, installed in respect of the customer's property; or(b) at a tap, on the customer's property, that is nearest the connection point or the meter assembly installed in respect of the customer's property.(5) For the purposes of this section –meter assembly means the apparatus consisting of a water meter, stop valve, strainer and any other valve, but does not include a backflow prevention device installed downstream of the outlet of the water meter.
PART 5 - Fees
(1) A code must specify that a regulated entity must give at least 28 days notice to a customer before imposing or varying –(a) a fee that the customer is to be charged; or(b) a method of calculating the fee that a customer is to be charged; or(c) a policy that is to apply when determining the fee that a customer is to be charged.(2) Subregulation (1) does not apply in relation to a customer if there is in force in relation to the customer –that does not require the customer to be given such notice.(a) a price determination; or(b) an interim order under section 88 of the Act –(3) A code must specify that a regulated entity must ensure that there may be viewed at the entity's website –(a) a list of all the types of fees that the entity may charge; and(b) the amount of the fees or, if the fees are to be calculated by methods or the application of policies, the methods or policies.(4) A code must specify that a regulated entity must provide to a customer of the entity a copy of the matters referred to in subregulation (3) , within 5 business days after the customer requests the copy to be given to him or her.
PART 6 - Details of Accounts, Meter Readings and Methods of Payment
(1) A code must specify the minimum and maximum length of a billing period that will apply to a customer of a regulated entity who has not entered into a contract with the entity under section 61 of the Act.(2) A code must specify that a regulated entity must include in the entity's customer charter a statement as to the billing period for customers of the class of customers to which the charter applies.
(1) A code must specify that a regulated entity must include in the entity's customer charter a statement that, at the request of a person, a separate account will be issued by the entity for each property in relation to which the person is a customer of the entity.(2) A code must specify that a regulated entity must include in the entity's customer charter a statement that, if different parts of a property have separate water meters installed in respect of different customers of the entity, the entity may issue a separate account for each of the customers.
(1) A code must specify that a regulated entity's charter must include a statement that, if a meter for the measurement of the amount of water supplied to, or sewage removed from, a property that is owned or occupied by a customer is installed on the property –(a) the period between readings of the meter by the entity will be the period specified in the charter; and(b) the customer may request that a special meter reading take place; and(c) the customer is not liable to pay for a special meter reading if the meter reading shows that the meter has inaccurately measured the amount of water supplied to, or sewage removed from, the property.(2) A code must specify that a regulated entity's charter must include a statement specifying the maximum period by which a regulated entity must respond to a request by a customer for a special meter reading to take place.
18. Contents of accounts issued
(1) A code must specify that a regulated entity must ensure that an account issued by the entity to a customer in respect of a property contains at least the following information:(a) the customer's name;(b) the number assigned to the record of the customer's use of a regulated service and debits and credits in respect of the property (in this regulation referred to as the "property account");(c) the address of the property;(d) the date on which the account is issued to the customer;(e) a separate item in respect of each fee charged, including any amount of money charged as a service charge, fees determined by the volume of water provided or sewage removed, or estimated to be provided or removed, and any other fees;(f) details of any meter reading, whether it is a special meter reading or not, at the property to which the account relates;(g) the billing period to which the account relates;(h) any credits or debits of the customer in respect of the property;(i) the amount of any payments made to the entity by the customer since the end of the previous billing period;(j) the balance of the property account for the previous billing period in respect of the property;(k) any adjustments that have been made to the amount otherwise owed in respect of the property account, including refunds, underpayments, concessions and discounts;(l) the due date for payment of the amount of money specified in the account, which must be after the minimum period, specified in the code, after the account is issued to the customer;(m) the options for payment that are available to the customer;(n) the customer service assistance and information services available to the customer, including referral to an interpreter service and access to a 24-hour service difficulties and faults telephone number;(o) information, in non-technical language that is likely to be easily understood, about the steps a customer may take if he or she is suffering financial difficulties;(p) information, in non-technical language that is likely to be easily understood, about the concessions and discounts available to the customer.(2) A code may specify that an account issued to a customer otherwise than as part of a regular sequence of accounts is not required to contain the information specified in subregulation (1)(i) and (j) .(3) For the purposes of subregulation (1)(f) , the details of a meter reading are to include –(a) the meter registration number; and(b) the date on which the meter has been read or, if the reading is an estimation, a clear statement that the reading is an estimation.(4) The code must specify –(a) that, at a customer's request, a regulated entity must provide to the customer information held by the entity about the history of the regulated service provided to, or payments made to the regulated entity by, the customer; and(b) the period, after a request by a customer of the kind referred to in paragraph (a) , within which a regulated entity must provide the information to the customer.
(1) A code must specify the methods by which a customer of a regulated entity may pay to the entity an amount of money owed to the entity by the customer.(2) The code must require a regulated entity to specify, in a customer charter, the methods by which a member of the class of customers to which the charter relates may pay money owed to the entity.(3) A code must specify that the methods that may be specified in a regulated entity's customer charter –(a) must include, but are not limited to including, the methods specified in the code; and(b) may relate to the capacity to pay of a customer who is in arrears to, or is likely to become in arrears to, the entity.(4) A code must state that a regulated entity may recover from a customer a fee, of a kind that is specified in the entity's customer charter, if the entity has incurred a fee because a payment by the customer has been dishonoured or reversed.(5) A code must specify that a regulated entity may include a fee of the kind referred to in subregulation (4) in relation to a customer –(a) in the next account issued to the customer as part of a regular sequence of accounts; or(b) in an account for the fee that is sent to the customer otherwise than as part of a regular sequence of accounts, if the entity will not be issuing an account to a customer as part of a regular sequence of accounts because a service to the customer has been disconnected, or for any other reason.(6) A code must specify that a regulated entity –(a) may provide a discount to a customer; and(b) must specify in its customer charter each discount that may be provided to a customer.
PART 7 - Overpayments and Underpayments
20. Circumstances in which fraud is committed by customer
For the purposes of this Part, fraud is committed by a customer of a regulated entity if the customer, or a person acting with the express or implied consent of the customer, has –(a) tampered with a meter measuring the provision of a regulated service for which the customer is liable to pay the regulated entity; or(b) otherwise defrauded the entity of an amount of money that the regulated entity is entitled to claim from the person in relation to a regulated service.
21. Adjustments of overpayments
(1) A code must specify that if a regulated entity overcharges a customer for the supply of a regulated service because of –(a) an error by the entity; or(b) inaccurate metering by the entity of the amount of water supplied to, or sewage removed from, a property of the customer –the regulated entity must, within a period, after becoming aware of the error or inaccuracy, that is specified in the code –(c) inform the customer that the customer has been overcharged; and(d) refund to the customer the amount of money by which the customer has been overcharged, together with the interest that the code specifies is payable to such a customer.(2) A code must specify that a refund to a customer is to be made by a regulated entity –(a) in accordance with any reasonable instructions of the customer; or(b) if no such instructions have been received by the entity from the customer, by crediting the amount of money to the next account for the customer.
22. Recovery of amount of money undercharged
(1) A code must specify that a regulated entity is entitled to recover from a customer an amount of money by which the customer was undercharged in respect of any billing period.(2) A code must specify that a regulated entity may recover an amount of money by which a customer was undercharged only if the amount of money is separately itemised –(a) in the first account issued to the customer, after the entity becomes aware that the customer has been undercharged, as part of a regular sequence of accounts; or(b) in an account, issued to the customer by the entity otherwise than as part of a regular sequence of accounts, in respect of the undercharged amount of money.(3) Despite subregulation (2) , a code must specify that if a customer is undercharged for reasons other than fraud committed by the customer, a regulated entity is only entitled to recover from the customer an amount of money that relates to a period not more than 12 months before the date on which the entity first became aware that the customer had been undercharged.(4) A code must specify that if a customer of a regulated entity is undercharged for reasons other than fraud committed by the customer, the regulated entity must provide, in the account referred to in subregulation (2) , an explanation as to –(a) how the undercharging occurred; and(b) how the amount of money specified in the account has been calculated.(5) A code must specify that if –the regulated entity must allow the customer a period to pay the amount of money that ends not less than 30 days after the day on which the account setting out the amount of money is sent to the customer in accordance with subregulation (2) .(a) a customer is undercharged by a regulated entity an amount of money for reasons other than fraud committed by the customer; and(b) the total period in which the customer was undercharged was a period of 30 days or less –(6) A code must specify that if –(a) a customer is undercharged by a regulated entity an amount of money for reasons other than fraud committed by the customer; and(b) the total period in which the customer was undercharged was a period of more than 30 days –the regulated entity must allow the customer a period to pay the amount of money by which the customer was undercharged that –(c) is at least the same length as the total period for which the customer was undercharged; and(d) begins on the day on which the account setting out the amount of money is sent to the customer in accordance with subregulation (2) .
23. Claiming of fees and interest on underpayments
(1) A code must specify that a regulated entity is not entitled to claim a fee, or interest, from a customer in relation to an amount of money by which the customer has been undercharged, except if the undercharging occurred because of fraud committed by the customer.(2) A code must specify that if a regulated entity has disconnected, in accordance with a code, a regulated service provided to a customer who has been undercharged because of fraud committed by the customer, the regulated entity may –(a) estimate, in accordance with the scale of fees under which the regulated service was provided, the usage that a customer has not paid for; and(b) recover from the customer –(i) the amount of money that would have been payable to the entity, as estimated in accordance with paragraph (a) ; and(ii) the amount of the fee, or interest, if any, determined by the Regulator under regulation 24 .
PART 8 - Payment of Arrears
24. Interest and fees payable on overdue accounts
(1) The Regulator may determine –(a) the circumstances in which a fee, or interest, or both, may be imposed or charged by a regulated entity for a failure to pay a debt due and payable to the entity; and(b) the amount of such a fee or interest.(2) A code may specify that a regulated entity may –(a) impose a fee on a customer of the entity, if the customer has not paid to the entity a debt that is due and payable by the customer to the entity in circumstances specified in the code under subregulation (3) ; and(b) charge the customer interest on that debt, but only from the date on which the debt is due and payable, until it is paid to the entity.(3) A code must specify –(a) the circumstances, if any, determined under subregulation (1) , in which a fee and interest may be charged by the regulated entity for a failure to pay an amount of a debt due and payable to the entity; and(b) the amount of a fee and the interest, if any, determined under subregulation (1) , that may be imposed or charged by the regulated entity in accordance with subregulation (2) .
(1) A code must specify that a regulated entity may only use, in respect of a debt due and payable to the entity, the remedies specified in the code.(2) The remedies that may be specified in a code include, but are not limited to including, the following:(a) charging interest and fees;(b) taking action to recover the debt in a court of competent jurisdiction;(c) the disconnection or restriction of a regulated service in the circumstances specified in regulation 8 .(3) A code must specify that if a customer has entered into a payment plan with a regulated entity, the entity must not impose interest or fees on the customer except in accordance with the plan.(4) A code must specify a period, after a debt has become due and payable to a regulated entity by a customer, within which the entity must, in the same manner (whether by mail or electronic communication) as the manner in which it issued an account to the customer in relation to the debt, send to the customer a reminder notice.(5) A code must specify that a reminder notice to a customer must at least contain the following information:(a) a notification to the customer that the debt is due and payable;(b) information about the assistance that is available to the customer;(c) information about the remedies that the regulated entity may pursue if the debt is not paid to the regulated entity;(d) the rate of any interest, and the fees, that may be charged by the regulated entity in accordance with regulation 24 from the date specified in the notice.(6) A code must specify that, until a notice referred to in subregulation (5) in relation to a debt is sent by a regulated entity to a customer, the entity may not pursue a remedy in relation to the customer.(7) A regulated entity that begins to pursue a remedy against a customer in relation to a debt that is due and payable by the customer to the entity must, as soon as reasonably practicable, notify the customer in writing that the entity is pursuing the remedy against the customer in relation to the debt.
(1) A code must specify that a regulated entity that is notified by a customer that the customer is having difficulty paying an amount of money that is or may become due and payable by the customer to the entity –(a) must offer to provide to the customer information about independent financial counselling; and(b) must offer to enter into a payment plan, agreed to by the entity and the customer, under which the customer may pay the amount of money; and(c) must not refuse to enter into a reasonable offer made by the customer to enter into a payment plan.(2) Despite subregulation (1)(b) , a regulated entity is not required to offer to enter into a payment plan with a customer in relation to an amount of money if –(a) within the 12-month period before the customer notified the entity in accordance with subregulation (1) , the customer has –(i) entered into more than 2 payment plans with the entity; and(ii) failed, without reasonable excuse, to comply with the terms and conditions of the plans; or(b) the customer has entered into more than 3 payment plans with the entity and failed, without reasonable excuse, to comply with the terms and conditions of the plans.(3) A code must specify that a regulated entity formulating a payment plan for a customer must have regard to any information provided to it by the customer in relation to –(a) the customer's ability to pay; and(b) the customer's pattern of consumption of a regulated service.(4) A code must specify that if a payment plan requires a customer to pay an amount of money by way of a series of instalments over a period of more than 3 months, the regulated entity must ensure that –(a) if information as to the customer's consumption of the regulated service to which the plan relates is available to the entity, the entity monitors that consumption after the plan is entered into; and(b) the payment plan enables the customer and the entity to adjust the instalments that the customer is required under the plan to pay, so as to take into account the liability of the customer to pay for the consumption of the service by the customer after the plan is entered into.(5) A code must specify that –(a) a customer is taken to have entered into a payment plan with a regulated entity when the customer makes his or her first payment to the entity under the plan; and(b) a payment plan that is entered into continues in force until payments under the plan are completed.(6) A code must specify that a payment plan that is entered into by a customer cannot be altered so as to increase the amount of money that the customer is required to pay to a regulated entity, or the frequency with which a customer is required to pay amounts of money to a regulated entity, except –(a) with the customer's consent; or(b) if the plan enables the customer and the entity to adjust the instalments that the customer is required under the plan to pay, so as to take into account the liability of the customer to pay for the consumption of the service by the customer after the plan is entered into.(7) A code must specify that a payment plan must –(a) specify how the total amount to be paid in accordance with the payment plan is to be calculated; and(b) specify the period over which the customer is to pay the amounts of money specified in the plan; and(c) specify the amount of money to be paid in each instalment under the plan; and(d) specify that the plan may be renegotiated by the customer if the customer is able to demonstrate that there has been a change in the customer's financial circumstances; and(e) be confirmed by notice in writing to the customer from the regulated entity.
(1) A code must specify that if a regulated entity and a customer –the customer is not liable to pay, during the period before the arbitration, mediation or negotiation is concluded, so much of the amount of money as the customer disputes is payable.(a) dispute the amount of money that the customer is required to pay to the entity; and(b) agree to resolve the dispute by arbitration, mediation or negotiation –(2) A code must specify that if –(a) a customer makes a complaint to the Ombudsman in respect of an amount of money that the customer is required, by an account issued to the customer, to pay to a regulated entity; and(b) the amount of money is not due and payable on the day on which the complaint is made –the customer is not liable to pay to the regulated entity so much of the amount of money as the customer disputes is payable, until –(c) the complaint is dismissed by the Ombudsman; or(d) the Ombudsman has completed the investigation of the complaint and has found the customer liable to pay the amount of money.
(1) For the purposes of this regulation, a customer is suffering financial hardship if –(a) the customer occupies as his or her principal place of residence a property in respect of which the person is a customer of the regulated entity; and(b) the customer, an accredited, independent financial institution, or an institution that provides, on a not-for-profit basis, assistance to persons experiencing financial difficulty, has notified the regulated entity that the customer is suffering financial hardship and is consequently having difficulty, or expects in the near future to have difficulty, in paying an amount of money specified in an account that is or may be issued by the entity in relation to the property; and(c) the customer would, but for financial hardship, pay the amount of money or amount of moneys that are, or may become, due and payable by the customer to the regulated entity.(2) A code must specify that a regulated entity must have and apply a financial hardship policy to customers who are suffering financial hardship.(3) A code must specify that a regulated entity must have in place a financial hardship policy that –(a) contains policies and processes, to be implemented by persons employed or engaged by the regulated entity, that –(i) will enable those persons to determine whether, having regard to objective criteria, a customer is eligible to have the financial hardship policy apply to the customer; and(ii) will enable those persons to make that determination as soon as reasonably practicable after being notified in accordance with subregulation (1)(b) that a customer may be suffering financial hardship; and(iii) establish the responsibilities of those persons to manage, develop, communicate to the public, and monitor, the regulated entity's financial hardship policy; and(iv) provide for those persons to be given training about those policies and procedures; and(v) attempt to ensure that those persons treat customers who are suffering financial hardship with respect and sensitivity and in a manner that does not reflect any bias against such customers; and(b) specifies the circumstances, if any, in which the regulated entity may waive or suspend fees and interest payments on outstanding amounts of money owed to the entity by a customer who is suffering financial hardship; and(c) provides that the regulated entity will confirm in writing, within 10 working days after entering into a payment plan with a customer who is suffering financial hardship, that the plan has been entered into; and(d) contains policies and procedures about how and when persons employed or engaged by the regulated entity will –(i) offer, to customers who are suffering financial hardship, information about assistance programs and the services of independent financial counsellors; and(ii) refer such customers to those programs and counsellors; and(e) specifies when the policy will cease to apply to customers who are suffering financial hardship; and(f) establishes a procedure by which the policy will be reviewed by the regulated entity.(4) A code must specify that the financial hardship policy of a regulated entity must be included in the entity's charter.(5) A code must specify that the financial hardship policy of a regulated entity must exempt a customer, who is suffering financial hardship, from the remedies specified in the code in relation to the customer in accordance with regulation 25(1) , while the customer has not defaulted on his or her obligations under a payment plan entered into by the customer with the entity.
PART 9 - Customer Information, Services and Obligations
(1) A code must specify that a regulated entity must provide to a customer information in relation to –(a) the customer's rights and obligations in relation to the entity; and(b) the entity's rights and obligations in relation to the customer.(2) The information referred to in subregulation (1) includes, but is not limited to including, information about –(a) how a complaint by a customer is to be dealt with by the regulated entity; and(b) how a customer may be provided with information held by the regulated entity in relation to the customer or policies of the regulated entity; and(c) any fees that may be charged by the regulated entity for providing information to a customer; and(d) services that the regulated entity provides for special needs customers; and(e) the uses that a customer is permitted, and is not permitted, to make of a regulated service; and(f) the obligations of a customer that are specified in regulation 33 ; and(g) information about drinking water quality, and the management of drinking water quality, if such information is available.
30. Publication and provision of customer information
(1) A code must specify the means by which a regulated entity must make available to customers information of the kind that is specified in the code.(2) A code must specify that the means by which a regulated entity must make information available to customers are to include, at least –(a) a teletype telephone service; and(b) access to a telephone interpreter service; and(c) a statement, in the languages other than English that are specified in the code, that the telephone interpreter service is available, which statement is to be set out in accounts issued to customers; and(d) a large-print version of the fees payable, which version is to consist of text that is at least 16 point in height.
A code must specify that a regulated entity must have a policy about –(a) how a customer may make an enquiry to the entity; and(b) how the entity will deal with an enquiry made to the entity by a customer; and(c) the time in which an enquiry made to the entity by a customer will be dealt with by the entity.
32. Customer complaints and dispute resolution
(1) A code must specify that a regulated entity must have a policy about customer complaints and the resolution of disputes between customers and the entity.(2) A code must specify that the policy of a regulated entity for the purposes of subregulation (1) must specify –(a) a process by which a customer may make a complaint to the entity; and(b) the time, after the entity receives a complaint from a customer, by which the entity must notify the customer in writing that it has received the customer's complaint; and(c) the time, after the entity receives a complaint from a customer, by which the entity must take action to resolve the complaint; and(d) the rights of a customer who has made a complaint to the entity, including the rights referred to in regulation 27 .(3) A code must specify that a regulated entity must provide, to a customer who has made a complaint to the entity, written reasons of a decision made by the entity in resolution of the complaint.
(1) A code must specify that a regulated entity may specify in a customer charter that a customer must notify the entity of a change to the customer's personal circumstances that may affect whether the customer may be required to pay a fee or interest to the entity or the amount of a fee or interest that the customer may be required to pay to the entity.(2) A code must specify that the changes in circumstance to which a customer charter may refer include, but are not limited to, a change in circumstances, or an address, that may affect whether a concession applies to the customer or the amount of the concession that may apply to the customer.(3) A code must specify that a regulated entity may specify in a customer charter that a customer who owns or occupies property to which the charter relates must notify the entity at least 5 days before the person vacates, sells or leases the property to another person.
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 25 November 2009
These regulations are administered in the Department of Primary Industries, Parks, Water and Environment.