Clarifying compliance requirements under the telemarketing ban

26 June 2024

We previously released program updates on 8 April and 30 April 2024 advising that: 

• The law changed on 1 May 2024 to prohibit telemarketing of VEU activities to consumers without express prior consent from consumers. 
• The law will change on 1 August 2024 to prohibit doorknocking for VEU activities without express prior consent from consumers. 
• Victorian energy efficiency certificate (VEEC) creation forms for a number of activities had been updated to include a consumer email address field. 
• There are new record-keeping requirements for accredited persons receiving express prior consent from consumers to conduct telemarketing (from 1 May 2024) and doorknocking (from 1 August 2024). 

Information is provided below in response to stakeholder queries about these matters and to address concerning conduct under the telemarketing ban, which we have detected in our compliance monitoring.

Collection of consumer email addresses

We have received questions from stakeholders about whether consumers must provide their email addresses to receive upgrades under the VEU program. The answer to this question is no – consumers are not required to provide their email address to receive upgrades under the VEU program. 

The VEEC creation forms and VEEC assignment forms were updated to include an email field to allow the commission to obtain consumer email addresses to conduct feedback surveys in relation to the activities undertaken at their premises. 

Accredited persons and scheme participants should always ask for email addresses from consumers to enable the commission to issue the consumer surveys in relation to the activity. If the consumer has an email address and is willing to provide it, that email address should be recorded and provided to the commission when creating VEECs. 

What to do if a consumer does not have an email address 

Not all consumers will have email addresses and some may not wish to share their email address. For these consumers, a phone number should be recorded instead, and 'Not applicable' or 'Did not wish to disclose' can be noted in the email address text field of the VEEC creation form. 

Accredited persons must ensure their forms do not require consumers to provide their email address as part of the delivery of an upgrade by an installer. The commission will monitor the appropriate collection of consumer contact information and may investigate repetitive or incorrect email addresses. We will also investigate all reports of problematic conduct by installers or accredited persons. 

Changes to lead generation fields in VEEC creation forms 

We previously advised of changes to the VEEC creation forms for activities 1, 3, 6, 15, 17, 30 and 32 in the program update on 8 April 2024, which included an addition to the drop down selection for the ‘Method of Lead Generation’ field to reflect marketing practices that are still permitted. 

In response to stakeholder feedback, we will replace the following existing drop down selections for the ‘Method of Lead Generation’ field as follows: 

• Replacing ‘Telemarketing’ with ‘Telemarketing (pre-1 May 2024)’. 
• Replacing ‘Doorknocking’ with ‘Doorknocking (pre-1 August 2024)’. 

The above changes have been made to provide both the commission and accredited persons with clarity on the nature of above lead generation methods. Accredited persons should select the above fields where the lead generation for a particular activity occurred prior to the introduction of the relevant ban. These options will be available for a transitional period as activities from leads generated prior to the ban are delivered and corresponding VEECs created. 

These changes to the VEEC creation forms will be implemented into the VEU registry system on 4 July 2024. 

Updated Victorian Energy Efficiency Target (VEET) Guidelines

We have updated section 14.1 of the VEET Guidelines to reflect the updated Code of Conduct. It now includes the following requirement:

Where the accredited person or scheme participant obtains consent to telephone or call on a consumer at their home or business premises for the consumer to obtain information about prescribed activity(ies), a written record of express prior consent [must be kept by the accredited person] evidencing: 

• the identity of the consumer
• the accredited person(s) or scheme participant(s) the consumer has consented to being contacted by
• the prescribed activity(ies) the consumer has consented to obtaining information about
• when the consent expires
• where applicable, the date on which consent is withdrawn by the consumer. 

Responsibilities of accredited persons and scheme participants under the VEU code of conduct when doorknocking 

Since the implementation of the ban on ‘cold-call’ telemarketing, we have seen an increase in complaints arising from doorknocking under the program, including the use of high pressure tactics. The ban on ‘cold-call’ doorknocking is due to come into effect on 1 August 2024.

Accredited persons and scheme participants are reminded that they must meet their obligations under the VEU code of conduct. We will not hesitate to take enforcement action where we identify that an accredited person has breached the VEU code of conduct, including engaging in high pressure tactics. 

What happens if you breach the VEU code of conduct 

The commission takes complaints raised against the VEU code of conduct seriously. If you are found to be in breach of the code of conduct: 

• your accreditation may not be renewed under our new ‘fit and proper person’ and ‘competent and capable’ requirements
• enforcement action may be taken against you, including in some cases penalty notices and civil penalty litigation
• an order for mandatory surrender of VEECs may be made against you, if you created VEECs that did not comply with the code of conduct
• you may be directed to undertake a compliance audit, or the commission may conduct a compliance audit of your business
• conditions may be imposed on your accreditation, or your accreditation could be suspended, cancelled and you could be disqualified from future accreditation.

Telemarketing in the Solar Homes Program

We have received some complaints indicating that telemarketers are calling consumers without consent and starting the conversation by talking about Solar Victoria’s Solar Homes Program. 

If you participate in that program, please review Solar Victoria’s ‘New instruction issued 30 April 2024’, which advises that cold-call telemarketing to all types of consumers was banned within the Solar Homes program from 1 May 2024.

Door-to-door sales have been prohibited under the Solar Homes Program since 1 September 2021. 

Where to get help

If you have any questions about this update, please contact VEU support team by calling (03) 9302 1310 or via email veu@esc.vic.gov.au.