3 consumer a utility to provide a utility service to consumer or withdraws a utility service from consumer, and failure or withdrawal causes substantial hardship, or is likely to cause substantial hardship, to consumer 4 person affected by contravention of s 51 (Protection of personal contravention information) by a utility 5 person affected by contravention by a utility of an obligation under this contravention Act in relation to its network operations 6 person affected by act or omission of an authorised person for a utility act or omission in relation to network operations 7 person on whom capital contribution charge imposed under s 101 charge imposed The respondent says that Mr Mitchell is not a person covered by any of the items in Table 172 and that the tribunal therefore has no jurisdiction to deal with his complaint, at least under the Utilities Act. I accept that his complaint is not about a capital contribution charge, or the use of his personal information, or about something relating to the utility’s network operations and so items 4 to 7 in Table 172 cannot apply to him. 1 to 3 of Table 172 permit a consumer to make a complaint about contravention of certain contracts, or about a failure to provide a service, or about contravention of an industry code relating to utility service standards. The issue is whether Mr Mitchell is a consumer. The respondent’s application contends that Mr Mitchell is not a consumer. Who is a Consumer for the purposes of Part 12? The term is defined in the dictionary to the Utilities Act to mean “consumer” either a customer or an occupier of a customer’s premises, and includes an invitee of the customer or of the occupier. This definition was in the original Act and has not been amended over the years. The Explanatory Memorandum for the does not specifically mention it. Utilities Bill 2000 The definition is broad it is not limited to people who have a contractual – relationship with the utility to acquire services from the utility. It says: consumer, in relation to a utility service, means— (a) a customer for the service; or
3 consumer a utility to provide a utility service to consumer or withdraws a utility service from consumer, and failure or withdrawal causes substantial hardship, or is likely to cause substantial hardship, to consumer 4 person affected by contravention contravention of s 51 (Protection of personal information) by a utility 5 person affected by contravention contravention by a utility of an obligation under this Act in relation to its network operations 6 person affected by act or omission act or omission of an authorised person for a utility in relation to network operations 7 person on whom charge imposed capital contribution charge imposed under s 101 The respondent says that Mr Mitchell is not a person covered by any of the items in Table 172 and that the tribunal therefore has no jurisdiction to deal with his complaint, at least under the Utilities Act. I accept that his complaint is not about a capital contribution charge, or the use of his personal information, or about something relating to the utility’s network operations and so items 4 to 7 in Table 172 cannot apply to him. 1 to 3 of Table 172 permit a consumer to make a complaint about contravention of certain contracts, or about a failure to provide a service, or about contravention of an industry code relating to utility service standards. The issue is whether Mr Mitchell is a consumer. The respondent’s application contends that Mr Mitchell is not a consumer. Who is a Consumer for the purposes of Part 12? The term “consumer” is defined in the dictionary to the Utilities Act to mean either a customer or an occupier of a customer’s premises, and includes an invitee of the customer or of the occupier. This definition was in the original Act and has not been amended over the years. The Explanatory Memorandum for the Utilities Bill 2000 does not specifically mention it. The definition is broad – it is not limited to people who have a contractual relationship with the utility to acquire services from the utility. It says: consumer, in relation to a utility service, means— (a) a customer for the service; or
MITCHELL-v-ICON-DISTRIBUTION-INVESTMENTS-LTD-ABN-83073025224-AND-JEMENA-NETWORKS-ACT-PTY-LTD-ABN-24-008-552-663-TRADING-AS-ACTEWAGL-DISTRIBUTION-ABN-76670568688-Energy-And-Water-2016-ACAT-157.docx