Article 4.23 Ombudsman Process

(a) (1) The Operator shall establish and maintain an Ombudsman Office, which shall operate independently and separately from the Operator’s executive, regulatory, enforcement, and operational functions.

(b) (2) The Operator shall be obliged to provide the Ombudsman Office with adequate financial, administrative, and operational resources to enable it to discharge its functions effectively, independently, and without undue delay.

(c) (3) Access to and participation in the Ombudsman process shall be provided free of charge to all parties, and no fees, costs, or administrative charges shall be levied in respect of the Ombudsman’s activities.

(d) (4) Where the dispute has not been resolved under Article 4.22 of this Chapter, either party may refer the dispute to the Ombudsman.

(e) (5) The Ombudsman shall act in good faith, impartially, and independently, with the primary role of facilitating resolution of disputes through mediation.

(6) Upon referral:
(a) the Ombudsman shall engage with all relevant parties in good faith;
(b) the Operator, and any other official body or representative of the ICT concerned, shall cooperate fully and engage in good faith with the Ombudsman; and
(c) the Ombudsman shall use reasonable efforts to assist the parties in reaching a fair and reasonable settlement.

(g) (7) The Ombudsman may, where appropriate, issue non-binding recommendations for the resolution of the dispute. Such recommendations shall not be legally binding unless expressly accepted in writing by the parties.

(h) (8) The Ombudsman process shall be conducted for a period not exceeding forty-five (45) days from formal referral, unless extended by agreement of the parties.

(i) (9) In the performance of his functions, the Ombudsman may use observations derived from the handling of individual complaints, and may also, on his own motion, initiate general inquiries, for the purpose of identifying systemic or recurring issues. Where appropriate, the Ombudsman may issue recommendations to the Operator with a view to improving the Operator’s practices, policies, or procedures. Any such recommendations shall be of general application and shall not be directed to the resolution of individual cases.

(j) (10) The Operator, and its officers, employees, contractors, and agents, shall cooperate with the Ombudsman in good faith in the conduct of any inquiry under this Chapter, including by providing such information and assistance as may be lawfully and reasonably requested. Nothing in this Chapter shall require the disclosure of information subject to legal privilege or statutory confidentiality obligations.

(k) (11) Where the Ombudsman issues recommendations under this Chapter, the Operator shall, within a reasonable period specified by the Ombudsman, provide a written response setting out the measures taken or proposed to be taken in response to those recommendations, or the reasons for not accepting them, in whole or in part.

(l) (12) The Ombudsman shall prepare and publish an annual report setting out overall observations arising from complaints and inquiries conducted during the reporting period, any general or systemic recommendations made, and a summary of individual cases addressed. Any such case summaries shall be presented in an anonymised and sanitised form so as to prevent the identification of any party.