Enforcement action against EC Focus Pty Ltd

28 November 2024 

The commission has taken enforcement action against EC Focus Pty Ltd (ACN: 166 767 424) (EC Focus) for allegedly breaching the Victorian Energy Upgrades (VEU) program rules. 

The action relates to 129 activity 35 lighting upgrades where the lighting designer did not hold a qualification required by the VEU program to prepare a lighting design. 

Alleged breach 

EC Focus allegedly breached the VEU program rules by creating 51,510 Victorian energy efficiency certificates (VEECs) for 129 non-building based lighting upgrades where the lighting designer did not hold a qualification required by the VEU program to prepare a lighting design. A second unqualified lighting designer was incorrectly named by EC Focus despite a qualified lighting designer completing the work. 

Under the VEU program rules for activity 35 lighting designers must hold an appropriate Illuminating Engineering Society of Australia and New Zealand (IESANZ) qualification. 

EC Focus has acknowledged the non-compliance and the lighting designer has since submitted an application for to the relevant industry body for a required professional membership. 

EC Focus has had independent audits conducted of a sample of relevant lighting designs by appropriately qualified lighting designers. Each lighting design was assessed as compliant with VEU program rules. 

Our decision 

The commission decided to: 

1. Refuse registration of 3,079 VEECs created by EC Focus in relation to activity 35. This is a total value of VEECs refused over $300,000 (as at 28 November 2024).
2. Formally warn EC Focus for repeatedly but unintentionally creating VEECs that do not comply with the VEU program rules. 

The commission acknowledged that since the alleged non-compliance, EC Focus has implemented some changes to address the risk of using an unqualified lighting designer in future activity 35 upgrades. 

Note: the certificate value on this page is based on the spot price of $110.75 as at 28 November 2024.

EC Focus was notified of this decision on 14 October 2024. The decision was subject to a 30 business day review period, which ended on 27 November 2024. EC Focus did not seek a review of the decision.