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Complaint resolution in government owned corporations and privatised utilities : Some legal and constitutional conundrums

Zifcak, Spencer Michael
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Abstract
This chapter examines a number of issues and problems concerning the legal and constitutional position of one part of the regulatory framework, the industry ombudsman. The hybrid nature of government owned corporations and the public responsibilities of private service providers have presented new constitutional puzzles. The chapter focuses on a particular case-study to introduce the relevant dilemmas and conundrums. It determines whether and to what extent an industry ombudsman concerned with the resolution of consumer complaints about the delivery of essential services can and should be situated within that doctrine. The chapter considers the ombudsman's legal accountability by reference to the review of its decisions by the courts. It outlines in some detail the nature and operation of the innovative Victorian ombudsman scheme. The chapter also examines how, if at all, the Energy and Water Ombudsman of Victoria (EWOV) may be required to provide such an account. EWOV's duty to account politically for its activities and actions is almost non-existent.
Keywords
Area Studies, Law, Politics, International Relations
Date
2017
Type
Book chapter
Journal
Book
From Bureaucracy to Business Enterprise Legal and Policy Issues in the Transformation of Government Services
Volume
Issue
Page Range
173-190
Article Number
ACU Department
Thomas More Law School
Faculty of Law and Business