This guidance was published on 21 August 2020.
Guidance note 1 (2020): De-energisation (or disconnection) of premises (small customers)
The minimum information that must be kept in the register of life support customers and residents includes:
- details of the notification of a relevant customer being a life support customer, including date of notification, form of notification, and the location of any additional notifications
- the supply address
- the date from which the supply equipment is required at the premises.
This guidance was published prior to the Energy Retail Code becoming a code of practice under Part 6 of the Essential Services Commission Act 2001 and is subsequently being restructured. The obligations that are the subject of this guidance note (previously located in clause 109 of the Energy Retail Code) can now be found in clause 182 of the Energy Retail Code of Practice.
Following a referral by the Energy and Water Ombudsman (Victoria), we considered the requirements of cl 109(5)(d) of the Energy Retail Code (v16). Clause 109 is contained in Part 6 of the code, titled De-energisation (or disconnection) of premises—small customers, and sets out the requirements for a reminder notice.
Subclause 109(5)(d) provides:
A reminder notice must:
(a) …
(b) …
(c) …
(d) give details of how to contact the retailer in connection with a complaint or dispute. (Bold emphasis added)
We considered a reminder notice that contained a contact number for customers under headings such ‘Need to talk?’ or ‘Can we help?’. The reminder notice did not specify that this number was available for customers to contact the retailer in connection with a complaint or a dispute.
We considered that the reminder notice did not comply with the mandatory requirements of clause 109(5)(d). The requirement of this clause is not only to provide a retailer’s contact number but to provide details of how a customer can contact the retailer specifically ‘in connection with a complaint or dispute’. Although no specific wording is required under clause 109(5)(d), it must be clear from the reminder notice how the customer can contact the retailer about a complaint or dispute.
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