Your consumer rights in the Victorian Energy Upgrades program

From 1 August 2024, doorknocking is banned under the Victorian Energy Upgrades (VEU) program. This follows the ban on 'cold-call' telemarketing that took effect on 1 May 2024. Under the bans, businesses are not allowed to phone call or visit consumers at their homes or business premises to market activities under the program unless the consumer has provided prior consent to be telephoned or visited. 

Participation in the Victorian Energy Upgrades program is entirely voluntary. 

Accredited providers and other industry participants are required to meet minimum standards when engaging with consumers about the program. The code of conduct mandates these standards in all aspects of the program, including:

• lead generation or marketing
• entering a contract for the sale or supply of program upgrades
• undertaking any work involved with delivering program upgrades
• follow-up activities.

Consumers have rights and can take action if they feel these standards are not met. That might be asking people to leave, requesting no further calls, hanging up the phone and lodging complaints. 

This page outlines the obligations for accredited providers and third parties operating on their behalf when they engage with consumers.

Any person who deals with consumers under the Victorian Energy Upgrades program must: 

• act in a professional and ethical manner
• ensure they always engage with an adult (18 years and over)
• provide sufficient information to enable consumers to properly understand and make informed decisions
• take reasonable steps to check that the consumer does not have difficulty understanding the information provided.

A person who contacts consumers to market the Victorian Energy Upgrades program must:

• not call consumers on the phone or visit consumers at their house or business without prior consent 
• not use high-pressure tactics to sell or market products or services
• explain that the program is voluntary and you do not have to take part
• not claim they work for the Victorian Energy Upgrades program, the Essential Services Commission or the Victorian Government
• tell consumers what business they work for 
• for in-person marketing, always wear an identification card that includes a photo, their full name, contact details, ABN, and main contractor details 
• provide accurate information about the goods or services being provided, including the suitability for their purpose
• comply with spam laws if sending marketing emails or SMS, including getting consent, making it easy to unsubscribe and identifying the provider or business in the message. 

As a consumer, you can expect to be treated with respect and courtesy, and to be provided the information you need to make a decision about whether to participate in the Victorian Energy Upgrades program with the business that is marketing to you.

A person who offers a contract for an activity under the VEU program must:

• provide consumers with a statement of rights explaining their rights in relation to that contract
• make sure they tell consumers about any work to be done (including any decommissioning procedures) and ensure the consumer understands this before the work is started
• provide consumers with a contract with clear terms and conditions, including fees and charges, payment terms and any applicable cooling-off periods
• tell consumers who is installing the upgrade, together with their contact details, when choosing to go ahead with a product or service.

A person who starts work on an upgrade under the VEU program at a consumer’s home or business must: 

• only start work once consent has been obtained from the consumer
• leave the premises if no person over 18 years of age is present
• take all reasonable steps to undertake work at times agreed with the consumer
• only start work if they have notified the consumer about the details of the upgrade, including if any essential services may be affected and details of the person undertaking the activity, such as the accredited provider and contact details. 

Once the upgrade has been completed, they must provide the consumer with: 

• the contact details of the accredited provider that will create certificates for the upgrade/s
• the contact details of any installers
• information on the dispute resolution service provided by the accredited person
• the manufacturer’s instructions and a warranty (if applicable).

If an accredited person finds out an upgrade did not comply with the Victorian Energy Upgrades program requirements at the time of installation, they need to immediately take steps to inform the consumer and rectify the issue. 

If a product needs to be replaced, it must be replaced by another product that meets the technical requirements of the program.

Accredited providers need a process to resolve complaints. They, along with any lead generators, marketers or installers, need to provide the consumer with details of how to access it at various times during the upgrade. 

These complaints can be about the accredited provider or any third party operating on their behalf. Accredited providers need to acknowledge any consumer complaint within five business days and take all reasonable steps to resolve it within 20 business days. 

If the accredited provider can’t resolve a consumer complaint, they need to assist the consumer in accessing external dispute resolution processes. That includes providing consumer with information about the Consumer Affairs Victoria website and the commission’s contact information.

Accredited providers are businesses approved to participate in the program. They, and third parties operating on their behalf, must not make false or misleading claims, or engage in misleading or deceptive conduct including:

• claiming they work the Victorian Energy Upgrades program, the Essential Services Commission or the Victorian Government
• claiming the installation is mandatory under the Victorian Energy Upgrades program
• claiming the consumer's telephone number was provided by the Victorian Government
• providing incorrect contact details
• making any other inaccurate representations that might induce the consumer to agree to an upgrade.

Consumers with doubts about the conduct of someone operating in the Victorian Energy Upgrades program can contact us to ask a question or register a complaint.