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392 The Law Handbook[11.700] Public housingtenantsGenerally, public housing tenants arecharged for their water usage in addition totheir rent (Residential Tenancies Act 2011(NSW), s 139). Tenants do not pay forconnection, sewerage and other charges notrelated to water usage. Tenants are requiredto pay in accordance with the CommunityHousing Water Charging Guidelines (July2012). The Guidelines provide instructionson the calculation of water usage charges,adjustments to tenants’ water chargingaccounts, allowances and exemptions towater charging.A small number of properties are exemptfrom water charges. If a tenant is unsureabout whether water charges apply to them,they should contact Housing NSW.Percentage water chargesThe percentage water charge is set as apercentage of the rent a tenant pays (adjustedto a maximum amount). If a wholehousehold is absent from the property inexcess of six weeks with the approval ofHousing NSW, the tenant will not be liablefor percentage water charges.The Department of Family and CommunityServices reviews the percentage watercharge to take into account the specificusage needs of residents and the costsinvolved with the specific circumstance ofthe property, such as common grass areas.Actual water chargesHomes that are metered separately arecharged for water based on the actual waterusage at the premises.Tenants who are charged actual watercharges may be eligible for an allowancewhere there is:• a resident who uses a kidney dialysismachine• a resident who can demonstrate a healthissue or disability which necessitates theuse of significantly higher amounts ofwater• a large household with six or morepersons.Payment difficultiesTenants who face payment difficulties shouldnotify Housing NSW immediately. HousingNSW will work with the tenant to resolvethe difficulty.Getting helpTenants should speak to their client serviceofficer if they have concerns over:• perceived errors in the application orcalculation of water charges• the rectification of water leaks on theproperty• meter readings• eligibility for exemptions from watercharges.If the problem is not resolved, the tenantmay appeal to Housing NSW. See Complaintsand appeals in chapter 29, Housing.[11.710] Residential parktenantsResidential park tenants may be required topay water availability charges. However,park tenants cannot be charged for waterusage unless the home or site has its ownwater meter. A park owner cannot chargetenants for the installation costs of watermeters.Park residents who pay for their waterconsumption separately from their rent areable to apply to the NSW Civil and AdministrativeTribunal for a rent deduction. Parkowners cannot charge these residents abovewater consumption charges charged by thelocal water authority (Residential Parks Act1998, s 39(2)) and the water availabilitycharges must be no more than $50 per year(Residential Parks Regulation 2006, cl 18).They must give park tenants regular accountssetting out the meter readings, waterusage and the charge per unit of water.For more information, park residentsshould contact NSW Fair Trading. See alsoTenants in residential parks in chapter 29,Housing.
11 Consumers 393[11.720] Making a complaint - waterCustomers should approach their supplierdirectly in the first instance to make acomplaint. If the initial point of contact withthe water supplier cannot resolve theproblem, customers can ask to speak tosomeone in a more senior position. Customersare advised to keep records of anycorrespondence or discussion with theirsupplier (for example, date, time, who theyspoke to).If a customer is not satisfied with theresponse, they may consider making a furthercomplaint to the relevant authoritylisted below.Sydney Water, Hunter Water, GosfordCity Council, Essential Energy and StateWater customersFor customers of Sydney Water, HunterWater, Essential Energy or State Water, if theproblem is not resolved by the relevantsupplier or is not dealt with in a reasonabletime, contact EWON on 1800 246 545.EWON also has jurisdiction over thefollowing water providers:• AquaNet• Flow Systems• Shoalhaven Water• Sydney Desalination Plant• Veolia Water Solutions & Technologies.Complaints can be lodged by phone, letter,fax, email, in person or online (www.ewon.com.au). EWON’s service is free forcustomers.Complaints to EWON can relate to:• billing, credit and debt management• disconnection or restriction of supply• service and maintenance obligations, includingsupply quality• damage or loss to property resulting fromsuch events as interruptions to supply,burst water mains and sewer chokes• any rights or obligations conferred on thewater supplier by law or under theiroperating licences.EWON’s investigation may include:• seeking further information from the supplierand/or customer• independent expert advice.In most cases EWON is able to negotiate aresolution with the customer and theirsupplier. Where a resolution cannot bereached, the Ombudsman can make a determinationto settle the matter. If the customerchooses to accept the determination, it willbe binding on the provider.EWON is not able to review disputesrelating to price increases, governmentpolicy, private contractors or landlords.Local authority customersFor water customers of local authorities, ifthe problem is not resolved by the councilresponsible or not dealt with in a reasonabletime, they can contact the NSWOmbudsman.For information on making a complaint tothe Ombudsman, see The Ombudsman inchapter 10, Complaints.
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