The nature of the contravention order/obligations:

• On about 13 May 2022, in respect of one customer who was a life support customer for the purpose of the Gas Industry act 2001 (Vic) (GI Act), contravened s 48DI(1) of the GI Act, by failing to record in a register of life support customers and residents the life support customer details of the customer 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
• On about 19 May 2022, in respect of one customer who was a life support customers for the purpose of the GI Act, contravened s 48DI(3) of the GI Act, by failing to give the customer the information specified by cl 163(1)(a) of the ERCOP v 1, within 5 business days after being advised that a life support resident resided or was intending to reside at their premises in Victoria
• On about 13 May 2022, in respect of one customer who was a life support customer for the purpose of the GI Act, contravened s 48DI(4) of the GI Act, by failing to give the distribution company that distributes gas to the customers’ premises, the details specified by cl 163(1)(b) of the ERCOP v 1 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 48DI(1), 48DI(3) and 48DI(4) of the GI Act within two business days of their identification on 19 May 2022
• On about 6 October 2022, in respect of one customer who was a life support customer for the purpose of the GI 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 gas to the customers’ premises the information about the customers’ medical confirmation within one business day after receiving their medical confirmation
• On about 6 October 2022, in respect of one customer who was a life support customer for the purpose of the GI 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
• On about 6 October 2022, in respect of one customer who was a life support customer for the purpose of the GI Act, contravened cl 167(1)(b) 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 the customer 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 ERC or Division 2 Part 2 of the ERCOP (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 2,359 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 587 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
• Between 25 May 2022 and 8 August 2022, in respect of 38 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 50 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 466 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 four 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 260,414 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 16 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

Amount of civil penalty orders:

• $165,000 for contraventions of s 48DI(1), 48DI(30 and 48DI(4) of the GI Act, 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)
• $2,217,000 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)
• $375,000 for contraventions of cl 71(1) of the ERCOP
• $321,000 for contraventions of cl 30(2)(a) of the ERC and cl 70(2)(a) of the ERCOP
• $337,125 for contraventions of cl 110(1) of the ERCOP
• $3,531,600 for contraventions of cl 108(1) of the ERCOP
• $92,500 for contraventions of cl 65(1) 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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