The nature of the contravention order/obligations:

• Between 13 May 2022 and 3 November 2022, in respect of five customers who were life support customers for the purpose of the Electricity Industry Act 2000 (Vic) (EI Act), contravened s 40SG(1) of the EI Act, by failing to record in a register of life support customers and residents the life support customer details of those customers in respect of their premises in Victoria within one business day after being advised that a life support resident for the purpose of the EI Act resided or were intending to reside at their premises in Victoria
• Between 19 May 2022 and 3 November 2022, in respect of five customers who were life support customers for the purpose of the EI Act, contravened s 40SG(3) of the EI Act, by failing to give those customers the information specified by cl 163(1)(a) of the Energy Retail Code of Practice (ERCOP) v 1 to v 2 (as applicable), within 5 business days after being advised that a life support resident resided or was intending to reside at their premises in Victoria
• Between 13 May 2022 and 3 November 2022, in respect of five customers who were life support customers for the purpose of the EI Act, contravened s 40SG(4) of the EI Act, by failing to give the distribution company that distributes electricity to those customers’ premises, the details specified by cl 163(1)(b) of the ERCOP v 1 to v 2 (as applicable) within one business day after being advised that a life support resident resided or was intending to reside at their premises in Victoria
• On about 21 May 2022, contravened cl 1.5 of the Compliance and Performance Reporting Guideline v 6 and v 7 by failing to report breaches of s 40SG(1), 40SG(3) and 40SG(4) of the EI Act within two business days of their identification on 19 May 2022
• Between 27 July 2022 and 16 September 2022, in respect of four customers who were life support customers for the purpose of the EI Act, contravened cl 165(1)(a) of the ERCOP v 1 to v 2 (as applicable) by failing to give the distribution company that distributes electricity to those customers premises the information about the customers’ medical confirmation within one business day after receiving their medical confirmation
• Between 27 July 2022 and 16 September 2022, in respect of four customers who were life support customers for the purpose of the EI Act, contravened cl 165(1)(b) of the ERCOP v 1 to v 2 (as applicable), by failing to update the register of life support customers and residents within one business day after receiving the customers’ medical confirmation
• Between 27 July 2022 and 16 September 2022, in respect of four customers who were life support customers for the purpose of the EI Act, contravened cl 167(1)() of the ERCOP v 1 to v 2 (as applicable), by failing to ensure that the register of life support customers and residents was maintained and kept up to date with the details of when the medical confirmation from was received from those customers in respect of their premises
• Between 1 December 2021 to 5 May 2023, in respect of customers who were receiving payment assistance under Division 3 Part 3 of the Energy Retail Code (ERC) v 21 or Division 2 Part 2 of the ERCOP v 1 and v 2(as applicable) whose repayment of arrears was not on hold and who failed to make a payment by the date on which it was payable, contravened cl 81(6) of the ERC v 21 or cl 130(6) of the ERCOP v 1 and v 2 (as applicable) by failing to contact 3,238 customers to discuss their putting forward a revied proposal under cl 81 of the ERC or cl 130 of the ERCOP (as applicable)
• Between 1 December 2021 to 5 May 2023, in respect of customers who were receiving payment assistance under Division 3 Part 3 of the ERC or Division 2 Part 6 of the ERCOP (as applicable) whose repayment of arrears were on hold and who failed to make a payment toward the cost of their ongoing energy use by the date on which it was payable, contravened cl 82(2) of the ERC v 21 or cl 131(2) of the ERCOP v 1 and v 2 (as applicable) by failing to contact 622 customers to discuss varying the amount payable or the frequency of those payments, or both, to give the customers more time to lower their energy costs
• On about 12 February 2022, contravened cl 1.5 of the Compliance and Performance Reporting Guideline v 6 by failing to report breaches of cl 83(1) of the ERC within two business days of their identification on 10 February 2022
• On 18 August 2022, in respect of one relevant customer that had not in fact requested it to arrange for disconnection of their premises:
  • contravened cl 191(1) of the ERCOP v 1, by failing if a relevant customer requests the retailer to arrange for disconnection of the relevant customer’s premises, to use its best endeavours to arrange for disconnection in accordance with the relevant customer’s request; and
  • s 40SE(1) of the EI Act, by arranging for the supply of electricity at the relevant customer’s premises to be disconnected not in accordance with Subdivision 3, relevantly s 40SL in Subdivision 3, by arranging for the supply of electricity at the customer’s premises to be disconnected without the customer’s agreement or notice from the customer, in accordance with the supply and sale contract with it, that the customer wished to end the contract
• Between 26 April 2022 and 8 August 2022, in respect of 40 small customers who had been overcharged by an amount equal to or above the overcharge threshold (namely, $50), contravened cl 71(1) of the ERCOP v 1, by failing to inform those customers that they had been overcharged within 10 business days after it became aware of the overcharging.
• Between 1 December 2021 and 2 August 2022, in respect of 361 small customers who had been undercharged and from whom it proposed to recover the amount undercharged, contravened cl 30(2)(a) of the ERC v 21 or cl 70(2)(a) of the ERCOP v 1 (as applicable), by not limiting the amount to be recovered to the amount that had been undercharged by it in the four months before the date on which the customers were notified of the undercharging, and in circumstances where the amount undercharged was not as a result of the customers’ fault or unlawful act or omission
• Between 3 March 2022 and 7 September 2022, in respect of 1,103 small customers who were entitled to receive a “deemed best offer”, contravened cl 110(1) of the ERCOP v 1, by failing to provide a “deemed best offer” at least once every three months, or, if the customer had agreed to a billing cycle with a regular recurrent period that differed from the usual recurrent period and that period was three months or longer, once in each billing cycle
• Between 3 March 2022 and 21 October 2022, in respect of 395,525 small customers for whom it was required to carry out a “deemed best offer check”, contravened cl 108(1) of the ERCOP v1 and v2, by failing to identify the relevant “deemed best offer” for those customers when required to carry out a “deemed best offer check” for those customers in accordance with cl 108(2)(b)
• Between 3 March 2022 and 7 September 2022, in respect of 17 customers, contravened cl 65(1) of the ERCOP v 1 by providing a “pay-by date” for a bill that was earlier than 13 business days from the bill issue date
• Between 18 June 2022 and 17 July 2022, in respect of 3,636 customers who had nominated a preferred method of communication, contravened cl 106(1) of the ERCOP v 1, by failing to use those customers’ preferred method of communication in accordance with cl 106(2)(b) when providing a bill change alert to those customers
• Between 19 June 2022 and 20 June 2022, in respect of 267 customers who had nominated a preferred method of communication, contravened cl 107(2)(b) of the ERCOP v 1, by failing to use those customers’ preferred method of communication when providing a feed-in tariff change alert to those customers

Amount of civil penalty orders:

• $735,000 for contraventions of s 40SG(1), 40SG(3), 40SG(4) of the EI Act and cl 165(1)(a), 165(1)(b) and 167(1)(b) of the ERCOP and cl 1.5 of the Compliance and Performance Reporting Guideline (CPRG)
• $2,783,000 for contraventions of cl 81(6) and 82(2) of the ERC, cl 130(6) and 131(2) of the ERCOP and cl 1.5 of the CPRG
• $75,000 for contraventions of cl 191(1) of the ERCOP and s 40SE(1) of the EI Act
• $375,000 for contraventions of cl 71(1) of the ERCOP
• $1,179,000 for contraventions of cl 30(2)(a) of the ERC and cl 70(2)(a) of the ERCOP
• $487,875 for contraventions of cl 110(1) of the ERCOP
• $4,568,400 for contraventions of cl 108(1) of the ERCOP
• $92,500 for contraventions of cl 65(1) of the ERCOP
• $270,000 for contraventions of cl 106(1) and cl 107(2)(b) of the ERCOP

Other orders: Adverse publicity orders under s54F of the ESC Act, Order for the implementation of quality assurance systems and compliance, education and training programs under s54G of the ESC Act

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