Accredited business suspended over alleged non-compliant lead generation and marketing activity

A commission investigation identified lead generation and marketing activity by accredited business Morris Group Australia Pty Ltd – trading as Smart User – that allegedly breached the Victorian Energy Upgrades (VEU) rules, including the code of conduct.

Alleged breach

Smart User allegedly breached the VEU code of conduct in relation to the following:

• Non-compliant lead generation and marketing activity, including failing to provide clear and accurate information to consumers about the VEU program and products.
• The creation of 45 non-compliant Victorian energy efficiency certificates across 23 weather sealing, shower rose, in-home display and lighting installations associated with alleged non-compliant lead generation and marketing activity.

In addition, Smart User allegedly contravened section 18 of the Victorian Energy Efficiency Target Act 2007 on two occasions, by creating more certificates than permitted for the applicable prescribed activity.

Our decision

The commission decided to:

• Suspend Smart User from the Victorian Energy Upgrades program as an accredited business for a period of 20 business days. While suspended, Smart User will not be able to perform upgrades or create Victorian energy efficiency certificates under the VEU program.
• Order the surrender 45 Victorian energy efficiency certificates valued at over $4,000 associated with the alleged non-compliant lead generation and marketing activity.
• Impose three conditions on Smart User’s accreditation including the undertaking of an independent audit, training for Smart User staff and contractors involved in VEU lead generation and marketing activity and requiring marketing materials and strategies to be approved by the Smart User Managing Director.

Following the commission decision being notified to Smart User on 22 December 2023, Smart User applied for a review of the decision to suspend its accreditation.

The internal review upheld the decision to suspend Smart User’s accreditation for 20 business days, with the suspension to come into effect on 21 February 2024.

The commission decision to confirm a suspension of 20 business days was formed having regard to the commission’s Compliance and Enforcement Policy

For more information, visit the how we make decisions page.

Note: the certificate value on this page is based on the current spot price of $96.