  
2. Ministry of Economic Development response to comment on the complaints process
Over recent months there has been negative written comment in the industry over the complaints process used by the EWLG and the actions of EWLG staff in administering the complaint processes required by law.
It has been strongly implied that Ministry of Economic Development staff employed in the EWLG staff are operating contrary to the law.
The Ministry of Economic Development rejects the inferences.
It is worthy of noting that the complaints processes used and EWLG staff actions have not been subject to criticism or successful challenge in any judicial forum.
It is also worthy of noting that in July 2004 as a result of a complaint from the registered person involved in the two cases which have been given prominence, the complete EWLG files on the matters were reviewed by senior Solicitors within the Ministry of Economic Development.
That review confirmed that the complaints cited were handled in accordance with the process set out in the Electricity Act 1992. The review also showed that in their reports EWLG staff members only reported facts relating to the complaints and did not, as implied, exaggerate or manufacture broader issues.
In the interests of ensuring that all people are aware of the fundamental processes used for complaints the following summarises the procedures employed.
When a complaint about a registered electrical worker is received the Registrar is required to refer the complaint to a Complaints Assessment Committee for assessment. The Registrar has no discretion to reject any complaint made against a registered electrical worker and it is the Committee who must consider the complaint.
Complaints are generally laid by members of the public or other registered electrical workers. From time to time the Ministry of Economic Development Groups such as the EWLG and the Energy Safety Service lodge complaints.
This action is usually taken when the supervision of trainees does not appear to be being carried out to the standard required by legislation and when there appears to be to deliberate disregard for the requirements of the regulations.
One of the complaints given prominence involved a trainee who was injured while working on an electrically live switchboard while the other related to the installation of an improper fitting.
Prior to the Committee considering any complaint, Investigators and/or Electrical Inspectors from the EWLG identify issues which it is considered the Committee may wish to address with the registered person.
This action is taken as the complaints process provides the public with an avenue for drawing attention to electrical work they may be concerned about and it is considered unrealistic to expect the public to be able to identify technical deficiencies in electrical work.
As examples there are a number of complaints received where the only advice the complainant can offer is that the "electrical work does not operate as I expected it to" or "I did not receive a certificate of compliance".
Where information provided in support of a complaint is inadequate or requires further explanation, EWLG staff may make further inquiries to ensure that sufficient information is available for the Committee to adequately consider the matter.
When any enquiries are completed the EWLG Investigators write to the registered person on behalf of the Committee and advise the issues the Committee may consider.
The identifying of issues is done so that the process is not delayed and the Committee does not have to hold a meeting to discuss the complaint then hold another meeting to hear it.
Also, advising the registered person of the issues likely to require addressing gives the registered person the ability to be fully prepared for the Committee meeting.
At the Committee meeting it is usual for two EWLG staff to attend. The staff provide administrative services and give professional advice to the Committee and take no part in the decision making process.
The registered person can attend the Committee meeting and/or be represented by Counsel or any other person.
The complainant can also attend the Committee meeting if they wish.
All Committees operate in accordance with fully documented Standing Orders with the over riding objective of ensuring the principles of natural justice are observed. A copy of the Standing Orders is available from the EWLG.
If any person has any questions relating to any part of the complaints process or the functions of the EWLG John Sickels, Group Manager, is available to answer enquiries and is available to discuss issues with industry groups.
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