Document ID: chunk:federal_register_of_legislation:F2024C01258:clause:4_8:p6
Version: federal_register_of_legislation:F2024C01258
Segment Type: clause
Provision Reference: sch 4 cl 8 (pt 6/16)
Character Range: 452683–455734

AEMO is the secondary data holder for the SR data.  This provision requires a retailer that happens to be the direct holder of any AEMO data that is subject to a consumer data request to ignore its data holding in responding to the request, and obtain the data from AEMO for that purpose.

4.5  Civil penalties do not apply
  A civil penalty imposed by these rules for a breach of a provision of these rules, including one imposed by rule 9.8 by declaring the relevant provision to be a civil penalty provision, does not apply in relation to AEMO, the AER or the Victorian agency in relation to energy sector data.

Part 5—Dispute resolution―energy sector
Note: See the definitions of "meet the internal dispute resolution requirements" and "meet the external dispute resolution requirements" in subrule 1.7(1). See also paragraphs 5.12(b) and (c) of these rules, and rules 6.1 and 6.2.

5.1  Meeting internal dispute resolution requirements—energy sector

Accredited persons
 (1) For the energy sector, an accredited person, other than an accredited person that is also a retailer, meets the internal dispute resolution requirements if its internal dispute resolution processes comply with provisions of Regulatory Guide 271 that deal with the following:
 (a) standards that its internal dispute resolution procedures or processes must meet regarding the following:
 (i) commitment and culture;
 (ii) the enabling of complaints;
 (iii) resourcing;
 (iv) responsiveness;
 (v) objectivity and fairness;
 (vi) policy and procedures;
 (vii) data collection, analysis and internal reporting;
 (viii) continuous improvement;
 (b) outsourcing internal dispute resolution processes;
 (c) acknowledgement of complaint;
 (d) what an internal dispute resolution response must contain;
 (e) maximum timeframes for an internal dispute resolution response;
 (f) internal dispute resolution response requirements for multi‑tier internal dispute resolution processes;
 (g) the role of customer advocates;
 (h) establishing links between internal dispute resolution processes and external dispute resolution;
 (i) systemic issues.

Data holders
 (2) For the energy sector, a retailer (including a retailer that is also an accredited person) meets the internal dispute resolution requirements if its internal dispute resolution processes satisfy the applicable requirements for the retailer's standard complaints and dispute resolution procedures under the National Energy Retail Law or the Energy Retail Code (Victoria).
 (3) Part 6 does not apply in relation to the AER, the Victorian agency or AEMO, in their capacity as data holders in the energy sector.

Definition
 (4) In this clause:
Regulatory Guide 271 means Regulatory Guide 271 published by the Australian Securities & Investments Commission, as in force from time to time and applied as if:
 (a) references to complaints were references to CDR consumer complaints; and
 (b) references to financial firms and financial service providers were references to CDR participants.
Note: Regulatory Guide 271 could