We have remade the Energy Retail Code into a code of practice.
Making an Energy Retail Code of Practice
Consultation paper13 September 2021
Stakeholder information session5 October 2021
Submissions to consultation paper close5 pm 25 October 2021
Final decision and exposure draft released20 December 2021
Review period of exposure draft closes17 January 2022
Final version published28 January 2022
Energy Retail Code of Practice effective1 March 2022
As part of its Energy Fairness Plan commitments, the Victorian Government has reformed the enforcement framework that we operate under. To align with this new framework our existing energy codes will transition to ‘codes of practice’.
The new enforcement framework is being implemented via the Essential Services Commission (Compliance and Enforcement Powers) Amendment Act 2021 (Compliance and Enforcement Act).
The Compliance and Enforcement Act commenced on 1 December 2021, and resulted in our existing energy codes being deemed as ‘codes of practice’. However, for the provisions of those instruments to be fully enforced through the new enforcement framework, we are undertaking a further step of reviewing each code.
We consulted on the proposed Energy Retail Code of Practice in September 2021. In December 2021 we published a final decision, along with an exposure draft Energy Retail Code of Practice. After receiving feedback on the exposure draft, we published the final Energy Retail Code of Practice in January 2022. The Energy Retail Code of Practice will take effect on 1 March 2022.
Additional round of review
In response to stakeholder feedback, we provided a further opportunity to review the new Energy Retail Code of Practice before it commences. This was an opportunity for stakeholders to raise any drafting errors or concerns that they identified in this period. We foreshadowed publishing a final version of the Energy Retail Code of Practice by the end of January, ahead of commencement on 1 March 2022.
We have considered this feedback and in response have made further amendments to the Energy Retail Code of Practice. The feedback we received along with a marked up version of the final Energy Retail Code of Practice highlighting the changes made on the exposure draft can be found under the resources tab.
View the final Energy Retail Code of Practice
View our final decision and the exposure draft
View our consultation paper
Feedback on the consultation
We received ten written submissions to our consultation paper and draft Energy Retail Code of Practice through the Engage Victoria website. These submissions came from energy retailers, the Australian Energy Council, and one confidential submission from a member of the public. In general, the main areas of feedback were around:
- timing of the code of practice commencement
- the meaning of new definitions in the life support framework
- changes to greenhouse gas disclosure provisions.
We have considered stakeholder feedback in forming our final decision. We have reviewed areas where our proposed drafting might have unintentionally represented a change in policy intent and made some minor changes to the final Energy Retail Code of Practice, to ensure that existing obligations are not substantively altered. We have also made some changes to correct minor typographical errors.
Besides these changes, the final Energy Retail Code of Practice is largely the same as the draft code we consulted on.
Updating the Compliance and Performance Reporting Guideline
In September we also consulted on updating the Compliance and Performance Reporting Guideline. As part of the update of this guideline, we are proposing amendments that will reflect the proposed Energy Retail Code of Practice.
We held these two consultations at the same time to help stakeholders understand how the proposed reporting requirements and proposed Energy Retail Code of Practice align.