Last updated: 04 Dec 2024
Land access complaint progression
If either the landholder or the transmission company objects to EWOV's Fair and Reasonable Assessment (see our information on the investigation stage of the complaint process), we may progress the complaint to Recommendation.
For more information about investigations, read our Land access investigation stage fact sheet: ewov.com.au/fact-sheets/land-access-investigation-stage
This usually occurs if:
- either party identifies a possible error or omission in the Fair and Reasonable Assessment or the investigation, or
- either party provides new information relevant to the complaint, or
- we consider further investigation is appropriate.
If one of the parties seeks to progress the complaint to a Recommendation, we ask that party to provide their reasons.
On this page:
How we assess a Recommendation
We then review the objections to the Fair and Reasonable Assessment and may decide to:
- progress the complaint for further investigation and issue a Recommendation
- progress the complaint directly to a Final Decision, or
- where the transmission company accepts the assessment but the landholder does not, close the complaint on the basis that the findings in the assessment are correct and constitute a fair offer.
It’s important, therefore, that each party provides all the information they seek to rely on early in the process, so we can make a Fair and Reasonable Assessment based on all the available information.
Not every complaint will progress to Recommendation, even when a party doesn’t accept the Fair and Reasonable Assessment. There will also be circumstances in which we bypass the Recommendation stage and refer the complaint directly to a Final Decision (see below).
We may undertake further investigation or conciliation
If we agree to progress the complaint to a Recommendation, we then determine whether further investigation or another attempt at conciliation would be beneficial.
If a resolution can’t be reached, we issue a written Recommendation, but only after being satisfied that:
- further conciliation is not applicable or has been unsuccessful
- the parties have had sufficient opportunity to provide all relevant information
If the parties accept the Recommendation, we expect each party to comply with the recommended outcome.
Example
Noah, a farmer, complained about property damage caused by Transmission Company A’s contractors when they accessed his farm. The corner post of a fence line was damaged and threatening to collapse, enabling Noah’s cattle to escape. Noah raised this with Transmission Company A but was not satisfied with their response and escalated his complaint to EWOV.
Noah offered to repair the fence himself if Transmission Company A covered the cost of the materials. Noah offered to provide information to show the expected cost of the materials but Transmission Company A insisted that Noah obtain a quote from a registered fencer. This caused delays due to a shortage of fencers in the local area.
At first, we issued a Fair and Reasonable Assessment supporting Transmission Company A’s request for the quote. Noah didn't accept the assessment on the ground that it would cause significant delay and increased risk of his cattle escaping. Noah said he usually does the fencing on his farm and wanted to complete the work himself.
We progressed the complaint to Recommendation. At that stage of the process, we agreed that Noah’s resolution was fair and reasonable, given the increased risk of loss from escaping cattle and information proving Noah usually did the fencing and there was very limited availability of fencers at the time. We considered Transmission Company A’s demand that the work be completed by an independent fencer to be unreasonable in the circumstances. We issued a Recommendation that Transmission Company A cover the reasonable fencing supply costs so that Noah could complete the repairs without delay.
Both parties accepted the Recommendation and complied with the outcome. We closed the complaint as resolved.
Final Decision
If either party rejects the Recommendation — or where we otherwise consider it appropriate — we may progress the complaint for the Ombudsman’s Final Decision.
We will review the party’s reasons for rejecting the Recommendation and consider whether:
- there is new or relevant information that we haven’t considered, or
- there’s an error or omission in the Recommendation or investigation, or
- we otherwise believe a Final Decision is required.
At this stage, we expect the parties to provide reasons for their positions so we can consider whether it’s appropriate to move the complaint to Final Decision.
If appropriate, the Ombudsman then issues a Final Decision and publishes it in a de-identified form.
The total value of any Final Decision cannot exceed $20,000 (or $50,000 with the consent of the parties) but this does not prevent EWOV from working with the parties to resolve a higher value complaint before the Ombudsman makes a Final Decision.
For more information, see our land access complaint progression process: www.ewov.com.au/uploads/main/Our-complaint-progression-process-land-access.pdf.
What’s the effect of a Final Decision?
If the landholder accepts the Ombudsman’s Final Decision, both parties are bound by it.
If the landholder doesn’t accept the Final Decision, however, the transmission company doesn’t have to comply with it. The landholder then has the option of taking the complaint to another appropriate forum, such as the courts.
Our discretion to stop handling a complaint
Our Charter gives us the discretion to stop handling a complaint if we deem it fair and reasonable. For more information, read our Charter ewov.com.au/uploads/main/ewov_charter.pdf
We may stop handling a complaint if, for example:
- the core issue in dispute relates to the planning and feasibility of the project, or routes and methods of transmission, as these are not matters we can consider or change
- the complaint is lodged for disruptive or unreasonable reasons
- we have already considered the same issue by the same landholder
- our Fair and Reasonable Assessment or Recommendation finds the transmission company’s offer appropriate, fair and reasonable, and the landholder has not provided information to establish otherwise.
These examples are not exhaustive and EWOV may exercise its discretion to stop handling a complaint for other reasons.