Key design issue to resolve for Division 4—External Refers to the ACCC recognising Significant concerns around how the dispute resolution energy sector. external dispute scheme dispute resolution framework will apply in energy, which need to be resolved prior to designating the sector and setting a commencement date. 56GH Review of A review must be completed and Unclear at this stage whether this Recommend keeping review date as Framework given to the Minister in the form of a timeframe is appropriate or not. defined by include triggers so the written report of the review, before review could commence earlier, for 1 January 2023 example because of: (1) a material change in the competitive landscape; and/or (2) material issues with the effectiveness of the framework as petitioned by industry participants, etc. From a consumer perspective, Recommend including in the Consent Framework Consent is not defined and generally important for CDR and sector-specific legislation a provision not referred to in the legislation. Only consent frameworks to be aligned but acknowledging or providing a vehicle reference is to “valid consent” there is nothing specific in the (either designation or rules) that deal legislation that acknowledges or with consent, including what consent provides a vehicle (either designation is required, how it must be recorded or rules) for dealing with consent. and that it may differ by consumer type/category.
Division 4—External dispute resolution Refers to the ACCC recognising external dispute scheme Significant concerns around how the dispute resolution framework will apply in energy, which need to be resolved prior to designating the sector and setting a commencement date. Key design issue to resolve for energy sector. 56GH Review of Framework A review must be completed and given to the Minister in the form of a written report of the review, before 1 January 2023 Unclear at this stage whether this timeframe is appropriate or not. Recommend keeping review date as defined by include triggers so the review could commence earlier, for example because of: (1) a material change in the competitive landscape; and/or (2) material issues with the effectiveness of the framework as petitioned by industry participants, etc. Consent Framework Consent is not defined and generally not referred to in the legislation. Only reference is to “valid consent” From a consumer perspective, important for CDR and sector-specific consent frameworks to be aligned but there is nothing specific in the legislation that acknowledges or provides a vehicle (either designation or rules) for dealing with consent. Recommend including in the legislation a provision acknowledging or providing a vehicle (either designation or rules) that deal with consent, including what consent is required, how it must be recorded and that it may differ by consumer type/category.
t329531-Origin.docx