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.