Electricity Industry Participation Code 2010

In the Consumer Care Obligations, words and phrases appear in bold to alert the reader to the fact that they are defined in clause 1.1 or 11A.2.

This Part of the Consumer Care Obligations requires retailers to publish their consumer care policy and other information, and sets expectations as to retailers’ communication with customers and residential consumers, in order to promote the purpose in clause 11A.1.

• (1) Each retailer must develop and publish a consumer care policy which sets out the retailer’s policies in relation to residential consumer care, including the matters covered in the Consumer Care Obligations.
• (2) Without limiting subclause (1), the consumer care policy must explain, in clear and accessible language:
  • (a) that electricity supply makes an essential contribution to the wellbeing of residential consumers;
  • (b) that the retailer will work with its customers in a respectful, collaborative and constructive manner;
  • (c) that the retailer will communicate with its customers and other residential consumers it interacts with in a manner which is understandable, timely, clear and accessible;
  • (d) how the retailer can assist customers to understand the most suitable pricing plan for their circumstances;
  • (e) that a customer can request access to information about their consumption of electricity in accordance with this Code, including clause 11.32A, to help them make decisions about which pricing plan suits them;
  • (f) how the retailer will work with customers experiencing payment difficulties to resolve those payment difficulties as far as possible;
  • (g) how the retailer will work with post-pay customers experiencing payment difficulties to ensure that electrical disconnection is a measure of last resort;
  • (h) how the retailer will reflect on any issues which arise in relation to residential consumer care and use those experiences to continually improve the extent to which its policies promote the purpose in clause 11A.1; and
  • (i) the information required in relation to fees, conditional discounts and bonds under clause 65.
• (3) When developing its consumer care policy, a retailer must seek to avoid disparate outcomes arising from differences in language, ethnicity, educational achievement, culture, gender, disability, age, health, income and wealth.
• (4) A retailer must review, and if the retailer considers it necessary or desirable update, its consumer care policy at least every 2 years.

• (1) Each retailer must use reasonable endeavours to:
  • (a) work with its customers in a respectful, collaborative and constructive manner; and
  • (b) communicate with its customers and any other residential consumers it interacts with in a manner which is understandable, timely, clear and accessible.
• (2) Each retailer must use reasonable endeavours to adapt its communications based on the needs of the customers or residential consumers receiving them.
• (3) If a customer or residential consumer is not sufficiently familiar with the English language to communicate without assistance, a retailer may meet the requirement in subclause (1)(b) by ensuring the customer or residential consumer has the opportunity to nominate and use a support person to assist them with understanding and communicating with the retailer.

Each retailer must:

• (a) have in place processes for, where a customer may be experiencing payment difficulties, or where otherwise required by these Consumer Care Obligations:
  • (i) seeking that customer’s consent to refer that customer to 1 or more support agencies; and
  • (ii) having obtained consent, referring that customer to the support agency or agencies, within 5 business days; and
• (b) use reasonable endeavours to work with any support agencies and health practitioners it liaises with in accordance with these Consumer Care Obligations in a cooperative, constructive and timely manner.

Each retailer must clearly and prominently publish the following information in a dedicated section of their customer-facing website:

• (a) a statement that the retailer has a consumer care policy which complies with the Consumer Care Obligations;
• (b) the retailer’s consumer care policy or a direct hyperlink to it;
• (c) how to contact the retailer with any questions regarding the retailer’s consumer care policy or the retailer’s compliance with the Consumer Care Obligations;
• (d) a hyperlink to the page of the Authority’s website prescribed for the purposes of this clause; and
• (e) information, including hyperlinks to the websites and contact details of:
  • (i) one or more support agencies offering advice on the efficient use of electricity;
  • (ii) one or more support agencies offering financial mentoring services; and
  • (iii) the dispute resolution scheme identified under clause 3 of Schedule 4 of the Act.

This Part of the Consumer Care Obligations sets out requirements for retailers when signing up a customer or when a residential consumer enquiring with the retailer is denied a contract, for the purpose of ensuring residential consumers are fully informed before and after contracting with a retailer and that residential consumers who may be denied a contract are supported.

• (1) Before signing up a residential consumer as a new customer, a retailer must ensure that either:
  • (a) in the course of an oral communication, that person receives:
    • (i) advice regarding the retailer’s available product offerings and related pricing plans that are relevant to that person’s current household circumstances; and
    • (ii) assistance to understand the most suitable product offering for that person’s current household circumstances, including any conditions the person must meet in order to obtain the greatest benefit from the product offering and the drawbacks of any particular product offering, including any fees the person may incur or bonds the person may be required to pay; or
  • (b) where that person is engaging with an online platform, that person has easy access to information about the retailer’s available product offerings and related pricing plans, any conditions which must be met in order to obtain the greatest benefit from a product offering and the drawbacks of any particular product offering, including any fees the person may incur or bonds the person may be required to pay.
• (2) A retailer must ensure that a residential consumer considering becoming a customer of that retailer has:
  • (a) the option to review the retailer’s terms and conditions; and
  • (b) easy access to information about the retailer’s available payment options.
• (3) A retailer must ensure that its terms and conditions are provided in plain English.

• Before a retailer enters into a new prepay contract, the retailer must confirm with the residential consumer seeking the contract that they are aware:
  • (a) of any differences between fees, bonds and the rate or rates charged for electricity under relevant post-pay and prepay product offerings offered by the retailer or any related retailer;
  • (b) that when credit under a prepay contract reduces to zero or any approved arrears limit is reached, electrical disconnection will occur;
  • (c) of the warnings the customer will receive prior to the credit for the meter expiring; and
  • (d) of how to purchase additional or emergency credit under the prepay contract.

• If a retailer decides not to enter into a prepay or post-pay contract with a residential consumer seeking such a contract, the retailer must provide the person with:
  • (a) information about 1 or more electricity plan comparison platforms;
  • (b) reasons for the retailer’s decision; and
  • (c) information, including hyperlinks to the websites and contact details, of 1 or more support agencies from which the residential consumer could seek assistance.

• A retailer must advise any new customer of:
  • (a) the existence of the retailer’s consumer care policy and provide a copy of the consumer care policy or a direct hyperlink to it;
  • (b) the retailer’s available payment options; and
  • (c) the importance of notifying the retailer if they, or another residential consumer who permanently or temporarily resides at the premises, is a medically dependent consumer and where to obtain information on how to apply to be recorded as a medically dependent consumer.

This Part of the Consumer Care Obligations imposes obligations on retailers regarding the collection, recording, and use of information relating to customer care for the purpose of enabling retailers to proactively and effectively support their customers, including those who may experience payment difficulties.

• (1) A retailer must request the following information relating to communication from each new customer:
  • (a) contact information for at least 2 communication channels, which may include email, post, phone, text message, or the use of in-app messages;
  • (b) any other information the customer wishes to provide which may be relevant to engaging with that customer;
  • (c) whether the customer wishes to use an alternate contact person and, if so, the alternate contact person’s contact information; and
  • (d) whether, and if so, when, the customer wishes to use a support person.
• (2) Whenever a customer provides the information specified in subclause (1), the retailer must use the customer’s information to inform the retailer’s communication practices with that customer to the extent reasonably possible.
• (3) A retailer must, if it has not already done so, request the information in subclause (1) from existing customers when first contacting that customer under clause 16.

• (1) If a customer nominates an alternate contact person, the retailer may contact that alternate contact person if the retailer is unable to contact the customer.
• (2) If at any time a customer’s nominated alternate contact person advises the retailer that they no longer agree to act in that capacity, the retailer must record that information and, when liaising with the customer for the first time after being so advised by the nominated alternate contact person, notify the customer.

• This Part of the Consumer Care Obligations imposes obligations on retailers regarding business-as-usual account management for the purpose of ensuring that customers remain informed, in order to promote the purpose in clause 11A.1.

• At least once a year, a retailer must contact each of its customers to:
  • (a) advise the customer that they can request access to information about their consumption of electricity in accordance with this Code, including clause 11.32A;
  • (b) advise the customer of the existence of the retailer’s consumer care policy and provide a copy of the consumer care policy or a direct hyperlink to it; and
  • (c) ask the customer to confirm the customer’s information, as recorded by the retailer in accordance with Part 4 and Part 8 of the Consumer Care Obligations, remains accurate.

• (1) If a customer enquires with the retailer about changing a pricing plan or signing up to a different product offering, before making any change the retailer must:
  • (a) advise the customer of the retailer’s available product offerings, and related pricing plans and payment options that are relevant to the customer’s current household circumstances;
  • (b) use reasonable endeavours to assist the customer in understanding the most suitable option for the customer’s current household circumstances, including any conditions the customer must meet in order to obtain the greatest benefit from a product offering and the drawbacks of any particular option including any fees the person may incur; and
  • (c) provide information about 1 or more electricity plan comparison platforms.
• (2) Subclause (1) does not apply to customer changes made through an online platform, provided the customer has easy access to information about the retailer’s available product offerings and related pricing plans and payment options that may be relevant to the customer’s current household circumstances.

• A retailer must use meter readings and not estimated readings for invoicing whenever practicable, unless otherwise agreed by the customer for the purpose of their preferred payment option (such as Smooth Pay or redirection of income) or payment support plan.

• In addition to any applicable requirements in clauses 11.30 to 11.30B, a retailer must clearly set out on each invoice:
  • (a) a breakdown of the total amount owed, distinguishing between the current invoicing period and any overdue amounts;
  • (b) the due date or dates for payment;
  • (c) available payment options, or advice on where to find information regarding available payment options in supporting documentation (which may include the retailer’s website or app); and
  • (d) if bundled goods or services have been received by the customer, the amounts owing for each good or service.

• (1) A retailer must notify a prepay customer immediately after the prepay customer’s credit balance decreases below the equivalent of a reasonable estimation of 2 days of standard usage for the prepay customer.
• (2) A retailer must ensure that the notification to a customer in accordance with subclause (1) includes:
  • (a) the customer’s current credit balance;
  • (b) a recommendation that the customer top-up the customer’s account to avoid interruption in the supply of electricity; and
  • (c) a statement that when credit reduces to zero or any approved arrears limit is reached, electrical disconnection will occur.

• (1) This Part of the Consumer Care Obligations requires a retailer to take specific actions when a customer is in arrears or the retailer knows that the customer may be experiencing payment difficulties for the purpose of supporting those customers in accessing and maintaining an affordable and constant electricity supply suitable for their needs.
• (2) For the purposes of these Consumer Care Obligations, a retailer is deemed to know that a customer may be experiencing payment difficulties when:
  • (a) a customer tells the retailer that they anticipate challenges in meeting invoice due dates due to factors such as reduced income, upcoming financial commitments, or shifts in their financial circumstances;
  • (b) a customer fails to pay an invoice by the invoice due date for more than 1 billing cycle in a 6-month period; or
  • (c) the retailer becomes aware of information that a reasonable retailer would consider indicates anticipated or actual payment difficulty.
• (3) Each retailer must record and use information relevant to the matters listed in subclause (2), to identify customers who may be experiencing payment difficulties.
• (4) Information under subclause (2)(c) may include information provided by the customer or information gathered by the retailer through the use of a methodology or process to identify when customers may be experiencing payment difficulties based on information such as payment history and changes in consumption.
• (5) A retailer is not required to treat a customer as experiencing payment difficulties if the customer confirms that they are not experiencing payment difficulties, unless the retailer subsequently becomes aware of new information that meets one of subclauses (2)(a) to (c).

• (1) Each retailer must take reasonable steps to support customers who fail to pay an invoice to resolve payment issues and avoid electrical disconnection.
• (2) The steps under subclause (1) must include:
  • (a) issuing a reminder notice to a customer who fails to pay an invoice by the invoice due date as soon as reasonably practicable after the invoice becomes overdue; and
  • (b) if payment has not been made within 14 days of the invoice being issued, making further attempts to contact the customer or the customer’s alternate contact person (if applicable and as appropriate) for the purpose of seeking payment and avoiding electrical disconnection.
• (3) Any notice issued under subclause (2)(a) must include:
  • (a) a statement that the retailer has a consumer care policy; and
  • (b) a copy of the consumer care policy or a direct hyperlink to it.
• (4) Any contact attempts under subclause (2)(b) involving written communication, and any successful contact attempts involving oral communication, made 4 days or more after the initiation of contact attempts under subclause (2)(b), must include an offer to discuss with the customer payment support plans that appear suitable to the customer’s circumstances.
• (5) A retailer must make at least 3 separate contact attempts under subclause (2)(b), spread over 7 or more days, before initiating the disconnection for non-payment process in clause 31.

• Where a retailer knows that a post-pay customer not on a payment support plan may be experiencing payment difficulties, the retailer must:
  • (a) use best endeavours to engage with the customer for the purposes of resolving the payment difficulties;
  • (b) communicate the steps the retailer will follow to assist the customer to resolve their payment difficulties and the timeframes for those steps;
  • (c) remind the customer that:
    • (i) they may nominate a support person or an alternate contact person; and
    • (ii) the retailer has a consumer care policy, which explains what the retailer can and will do to support the customer;
  • (d) provide the customer with relevant information to assist them to improve energy efficiency at their premises, or the information referred to in clause 6(e)(i);
  • (e) offer advice, and if the customer agrees, advise on changes that could be made to:
    • (i) the customer’s consumption profile (which may include increasing the proportion of electricity used at off-peak times); or
    • (ii) the metering at the customer’s premises (which may include taking steps to support changes to the customer’s consumption profile, or to enable load control),
  • that might reasonably be expected to reduce the amount of the customer’s future invoices, after accounting for the cost of implementing such changes (which may include the cost of changing the metering at the customer’s premises);
  • (f) consider whether, based on the customer’s consumption over the past 12 months, and any advice given under paragraph (e), the retailer has 1 or more pricing plans that could provide a lower cost of electricity to the customer and, if so:
    • (i) advise the customer of that plan or those plans that the retailer reasonably considers are most suitable for that customer’s current household circumstances (provided that the retailer does not need to advise the customer of more than 3 pricing plans), any conditions the person must meet in order to obtain the greatest benefit from any pricing plan and the drawbacks of any particular plan including any fees the person may incur; and
    • (ii) where the retailer advises the customer of more than 1 pricing plan, identify the pricing plan which the retailer reasonably considers is the lowest cost option for the customer, taking into account those aspects of the customer’s circumstances of which the retailer has knowledge;
  • (g) provided the customer has engaged with the retailer:
    • (i) satisfy itself, acting reasonably, that the customer is aware or has been reminded of the availability of financial assistance, financial mentoring services and electricity efficiency advice from support agencies; and
    • (ii) offer to refer the customer to any of those support agencies where appropriate, with the customer’s agreement;
  • (h) if a referral is made under paragraph (g) or a customer advises the retailer that they have contacted a support agency directly:
    • (i) advise the customer of the option to pause further steps in respect of any unpaid invoices but that, if the customer selects this option, any pause could cause the customer to go into more debt with the retailer;
    • (ii) if the customer opts to pause further steps, wait at least 7 days before taking any further steps under clauses 22 or 31; and
    • (iii) if, the retailer is satisfied that the customer is making reasonable efforts to engage with the support agency or agencies, wait a further period of at least 7 days after the initial period has elapsed; and
  • (i) offer to discuss, and, if the customer agrees, discuss with the customer payment support plans that appear suitable to the customer’s circumstances, including 1 or more payment support plans that a reasonable retailer would consider:
    • (i) offer the best way for the customer to pay off any debt owed to the retailer while accommodating the customer’s expected ongoing electricity use; and
    • (ii) are most likely to help avoid the customer falling into debt, or further into debt, with the retailer.

• A retailer with a customer on a payment support plan must not unilaterally change the customer’s payment support plan, other than in accordance with the retailer’s terms and conditions.

• (1) If a retailer identifies a significant and sudden increase in consumption by a customer on a payment support plan that is not explained by circumstances of which the retailer is aware (including seasonal factors), the retailer must:
  • (a) notify the customer of the change in consumption in order to avoid bill shock; and
  • (b) if appropriate, advise the customer of any pricing plans that the retailer reasonably expects would reduce the amount of the customer’s invoices taking into account the increased consumption and any change in circumstances.
• (2) A retailer must, for a customer on a payment support plan, monitor the customer’s debt repayments at a frequency appropriate to the payment support plan.
• (3) A retailer must contact a customer on a payment support plan:
  • (a) if a part payment has been made, to assess whether the payment support plan should be reviewed; and
  • (b) on a regular basis, and not less than once every 6 months, to discuss with the customer whether their current payment support plan is meeting their needs.
• (4) If a customer on a payment support plan indicates they are experiencing payment difficulties, the retailer must offer to:
  • (a) discuss with the customer what the customer can afford in terms of repayments;
  • (b) based on the discussion in paragraph (a), review the payment support plan; and
  • (c) refer the customer to 1 or more support agencies offering financial assistance, financial mentoring services or electricity efficiency advice where appropriate, with the customer’s consent.
• (5) A retailer must, within 5 business days of a customer on a payment support plan falling behind in their repayments, contact the customer, and:
  • (a) inform the customer that they have fallen behind in their repayments;
  • (b) offer to discuss with the customer what the customer can afford and to review the payment support plan if the customer’s circumstances have changed;
  • (c) offer to refer the customer to 1 or more support agencies offering financial assistance, financial mentoring services or electricity efficiency advice where appropriate, with the customer’s agreement; and
  • (d) explain the next steps if repayment is not made.
• (6) If a referral is made under subclause (4)(c) or (5)(c), or a customer advises the retailer that they have contacted a support agency directly, the retailer must:
  • (a) advise the customer of the option to pause further steps in respect of any payment support plan repayments but that, if the customer selects this option, any pause could cause the customer to go into more debt with the retailer;
  • (b) if the customer opts to pause further steps, wait 7 days before initiating the disconnection for non-payment process in clause 31; and
  • (c) if the retailer is satisfied that the customer is making reasonable efforts to engage with the support agency or agencies, wait a further period of at least 7 days after the initial period has elapsed.

• A retailer must ensure its representatives who engage with customers about invoicing or debt repayments:
  • (a) receive appropriate training that includes:
    • (i) building rapport with customers; and
    • (ii) recognising signs of anticipated or actual payment difficulties when interacting with customers, including through review of changes in consumption as well as account history data; and
  • (b) are able to provide targeted assistance to customers to help them avoid payment arrears or resolve payment difficulties as far as possible, including in relation to the matters specified in clause 23.

• A retailer must monitor the frequency and duration of electrical disconnections of prepay customers’ premises.

• (1) This clause applies if a retailer has a prepay customer and:
  • (a) the retailer identifies a significant and sudden increase in consumption that is not explained by circumstances of which the retailer is aware (including seasonal factors); or
  • (b) the prepay customer runs out of credit frequently (for example, on average 1 day in 7 days) or for relatively long durations (for example, for several days at a time).
• (2) Where this clause applies, a retailer must contact the customer and offer to:
  • (a) discuss options with the customer that may reduce or avoid instances of electrical disconnection; and
  • (b) refer the customer to 1 or more support agencies offering financial assistance, financial mentoring services or electricity efficiency advice where appropriate, with the customer’s agreement.

• This Part of the Consumer Care Obligations sets out obligations on retailers before, at and after electrical disconnection of residential premises, for the purpose of minimising harm to residential consumers caused by insufficient access to electricity.

• A retailer must use best endeavours to ensure that electrical disconnection of a post-pay customer’s premises for non-payment of invoices is a measure of last resort.

• (1) A retailer must not electrically disconnect a post-pay customer’s premises for non-payment of an invoice, unless:
  • (a) the retailer has the right to electrically disconnect the premises under its contract with the customer;
  • (b) the retailer has complied with all relevant and applicable obligations in Part 6 of the Consumer Care Obligations;
  • (c) if any unpaid invoice uses an estimated reading, the conditions in clause 32 are met;
  • (d) the customer:
    • (i) has not agreed to a payment support plan; or
    • (ii) is not substantially adhering to a payment support plan;
  • (e) the retailer has used its best endeavours to satisfy itself that the customer, and any residential consumer who permanently or temporarily resides at the customer’s premises, is not a medically dependent consumer;
  • (f) the retailer has:
    • (i) made at least 5 separate attempts to contact the customer;
    • (ii) issued the customer with an initial notice of disconnection, no earlier than 28 days after the invoice was issued;
    • (iii) issued the customer with a final notice of disconnection, which must be issued:
      • (A) only after an initial disconnection notice has been issued and the retailer has not received payment in full, or in accordance with a payment support plan;
      • (B) no earlier than 44 days after the invoice was issued;
      • (C) no less than 24 hours or more than 10 days before electrical disconnection; and
    • (iv) in the case of a physical electrical disconnection, ensured that information on how to contact the retailer to reconnect the premises is provided to the customer, or left at the customers premises, by the person visiting the premises to action the electrical disconnection; and
  • (g) following the contact attempts required by paragraph (f)(i), the retailer has not received payment in full for the invoice or invoices.
• (2) The contact attempts required under subclause (1)(f)(i):
  • (a) may comprise up to 3 attempts made under clause 22(2)(b); and
  • (b) except for the contact attempts made under clause 22(2)(b), must:
    • (i) seek to explain the pending electrical disconnection of the customer’s premises and the potential consequences of not responding to the retailer’s contact attempts in a manner the customer is reasonably likely to understand, having regard to any relevant communication information recorded about the customer under clause 13; and
    • (ii) use communication channels that are reasonable in the circumstances and which the retailer reasonably considers are most likely to result in the relevant information being communicated to the customer, which may include phone calls, emails, posted letters or a representative of the retailer visiting the customer’s premises, subject to any health and safety risks to the representative, the customer or any other person at the premises.

• (1) A retailer must not electrically disconnect a post-pay customer’s premises for non-payment of an invoice that uses an estimated reading unless the retailer is reasonably satisfied that:
  • (a) the estimated reading used in that invoice is a reasonable estimation of actual consumption; and
  • (b) at least 1 of the following applies:
    • (i) a meter reading is not available due to:
      • (A) the customer obtaining electricity by or involving deception;
      • (B) vandalism; or
      • (C) an issue with the metering installation;
    • (ii) the retailer cannot obtain a meter reading due to its, or another person’s, obligations under the Health and Safety at Work Act 2015; or
    • (iii) both of the following apply:
      • (A) the customer has, for at least 20 business days, failed to respond to or refused requests from the retailer, or the retailer’s agent, for access to a metering installation at the customer’s premises for the purpose of obtaining a meter reading or carrying out a metering installation repair, replacement or certification; and
      • (B) the retailer does not accept any meter reading provided by the customer because any of the circumstances in subclause (2) apply.
• (2) The circumstances referred to in subclause (1)(b)(iii)(B) are:
  • (a) the meter reading does not lie within an acceptable range compared with the expected pattern, previous pattern or trend of consumption;
  • (b) the meter reading does not relate to that customer;
  • (c) the customer does not provide sufficient information to enable the retailer to identify the meter; or
  • (d) the customer supplies a cumulative meter register reading when the retailer requires absolute half-hourly meter readings that are only available electronically.

• If a retailer does not electrically disconnect a customer’s premises within the timeframe set out in a final notice of disconnection, the retailer must:
  • (a) before electrically disconnecting the premises, issue a further final notice of disconnection; and
  • (b) issue that notice no less than 24 hours or more than 10 days before electrical disconnection.

• (1) Any notice issued to a post-pay customer under this Part of the Consumer Care Obligations must be in writing and include information about how to contact the retailer to discuss payment of the debt.
• (2) The following information must be included in at least 1 notice issued under this Part:
  • (a) a statement that, if the customer makes contact with the retailer before the point of electrical disconnection, the retailer will actively work with them to resolve any payment difficulties and avoid electrical disconnection occurring, even if the customer has failed to act on prior attempts by the retailer to engage with them;
  • (b) information regarding payment options available (which may include Smooth Pay or redirection of income);
  • (c) information regarding the retailer’s internal dispute resolution process and the dispute resolution scheme identified under clause 3 of Schedule 4 of the Act;
  • (d) details of all fees that must be paid:
    • (i) in the event of electrical disconnection; and
    • (ii) if electrical disconnection occurs, in order for the customer’s premises to be reconnected;
  • (e) contact details of Work and Income; and
  • (f) where to obtain information on how to apply to be recorded as a medically dependent consumer and a summary of what it means to be a medically dependent consumer.

• (1) This clause applies if a distributor directly invoices residential consumers for distribution services.
• (2) A distributor must not electrically disconnect a residential consumer’s premises for non-payment in respect of distribution services if that distributor has been notified of an application or a decision to record a person as a medically dependent consumer in relation to those premises under clause 51.
• (3) A distributor must not otherwise electrically disconnect a residential consumer’s premises for non-payment in respect of distribution services unless the distributor has provided at least 5 business days’ notice to the retailer who is the trader recorded in the registry as being responsible for the relevant ICP.

• (1) A retailer must not electrically disconnect uncontracted premises, unless:
  • (a) the retailer has confirmed that the premises are not being switched to another retailer;
  • (b) the retailer has issued a notice to any residential consumers at the premises encouraging them to contact a retailer to sign up as a new customer;
  • (c) the retailer has given any residential consumers at the premises no less than 7 days’ notice of electrical disconnection;
  • (d) the electrical disconnection is to be carried out at a time that would not endanger the wellbeing of any residential consumer at the premises (which may require electrical disconnection to occur at times other than just before nightfall or during a severe weather event) or at a time at which it would be unreasonably difficult for any residential consumer to seek rapid reconnection (which may require electrical disconnection to occur at times other than after midday on the day before a non-business day, on a non-business day, at night, during a severe weather event or during a civil emergency); and
  • (e) in the case of remote electrical disconnection of the premises, the electricity meter or disconnection device to be used can safely electrically disconnect the premises.
• (2) A retailer need not comply with subclause (1)(b) or (1)(c) if:
  • (a) the retailer electrically disconnects the uncontracted premises within 48 hours of a customer vacating the property; or
  • (b) half-hour metered electricity consumption data is available for the premises and analysis of that data does not indicate a residential consumer resides at the premises.
• (3) The notices required under subclauses (1)(b) and (1)(c):
  • (a) may be provided in the same notice or in separate notices at different times;
  • (b) must be in writing and delivered to the uncontracted premises; and
  • (c) must include information about how to contact the retailer to discuss signing up as a new customer.
• (4) If a retailer is notified that a medically dependent consumer may be permanently or temporarily residing at an uncontacted premises, the retailer must use its best endeavours to:
  • (a) encourage residential consumers residing at that premises to sign up with a retailer and avoid electrical disconnection; and
  • (b) if the retailer has been unsuccessful in encouraging a residential consumer to sign up as a customer, ensure that electrical disconnection occurs in a way that does not endanger the wellbeing of any medically dependent consumer residing at that premises.

• (1) Notwithstanding anything else in these Consumer Care Obligations, a retailer must not electrically disconnect a post-pay customer’s premises at which the retailer knows a medically dependent consumer may be permanently or temporarily residing.
• (2) Subclause (1) does not apply to emergency electrical disconnections.
• (3) A retailer must notify the Authority in the prescribed form as soon as it becomes aware of an electrical disconnection resulting in a person being without electricity in the circumstances described in subclause (1).

• (1) Notwithstanding anything else in these Consumer Care Obligations, a retailer must not electrically disconnect a post-pay customer’s premises in any of the following circumstances:
  • (a) the retailer has failed to comply with any relevant obligations in this Part of the Consumer Care Obligations in relation to that customer;
  • (b) the electrical disconnection is to be carried out at a time that would endanger the wellbeing of the customer or any residential consumer at the premises (which may include just before nightfall or during a severe weather event) or at a time at which it would be unreasonably difficult for the customer or residential consumer to seek rapid reconnection (which may include after midday on the day before a non-business day, on a non-business day, at night, during a severe weather event or during a civil emergency);
  • (c) in the case of remote electrical disconnection of the premises, the electricity meter or disconnection device to be used cannot safely electrically disconnect and/or reconnect the premises;
  • (d) in the case of electrical disconnection for non-payment of an invoice, the debt does not relate to electricity supply (which may include because it relates to telephone or broadband services); and
  • (e) in the case of electrical disconnection for non-payment of an invoice, the customer disputes the charges relating to the electricity supply and:
    • (i) the customer is engaging with the retailer’s internal dispute resolution process and/or the dispute resolution scheme identified under clause 3 of Schedule 4 of the Act in good faith;
    • (ii) the dispute is unresolved; and
    • (iii) the customer has paid all other charges and parts of any charges relating to electricity supply that are not disputed (the retailer having credited, with the customer’s agreement, any part-payment to the electricity supply portion of its invoice to a customer’s non-disputed debt first).
• (2) Subclause (1) does not apply to emergency electrical disconnections.

• A retailer that electrically disconnects a post-pay customer’s premises must reconnect those premises as soon as possible and at no cost if:
  • (a) the electrical disconnection was inadvertent; or
  • (b) the electrical disconnection of the premises (whether intentional or not) has resulted in a person being without electricity who:
    • (i) is recorded by that retailer as having medically dependent consumer status under clause 49; or
    • (ii) has made an application (in any form) for medically dependent consumer status, and the retailer has not yet decided the application.

• A retailer should not authorise or carry out remote reconnection of a post-pay customer’s premises unless the retailer is reasonably satisfied that the premises can be safely reconnected remotely (which may include ensuring that the retailer is satisfied that ovens and heaters are turned off).

• A retailer must reconnect a post-pay customer whose premises were electrically disconnected under this Part of the Consumer Care Obligations as soon as reasonably practicable after:
  • (a) the customer has paid the debt in full; or
  • (b) the customer has otherwise satisfied the retailer’s reasonable requirements for reconnection.

• If a retailer electrically disconnects a post-pay customer for non-payment of invoices, the retailer must:
  • (a) continue to be responsive if the customer contacts the retailer seeking further assistance and information on reconnection; and
  • (b) if the customer is still contracted to the retailer and has not reconnected 5 business days after electrical disconnection, contact the customer for the purpose of offering assistance and information on reconnection, including:
    • (i) reminding the customer of the financial mentoring services and electricity efficiency advice available from 1 or more support agencies; and
    • (ii) where appropriate, offering to refer the customer, with the customer’s agreement, to a support agency from which the customer could seek assistance with arranging payment of the debt.

• Following the reconnection of a post-pay customer who is electrically disconnected for non-payment of invoices, the retailer must undertake the steps in clause 23 with appropriate modifications.

• A retailer must ensure a prepay customer is not electrically disconnected for running out of credit, unless:
  • (a) the electrical disconnection occurs at a time:
    • (i) that does not endanger the wellbeing of the customer or any residential consumer at the premises (which may require electrical disconnection to occur at times other than just before nightfall or during a severe weather event); and
    • (ii) at which it would be reasonably easy for the customer to seek rapid reconnection (which may require electrical disconnection to occur at times other than after midday on the day before a non-business day, on a non-business day, at night, during a severe weather event or during a civil emergency);
  • (b) the prepay service can safely electrically disconnect and reconnect the premises;
  • (c) the expiry of the pre-paid credit relates to the supply of electricity (and does not relate to other matters such as telephone or broadband); and
  • (d) either of the following apply:
    • (i) the customer has not disputed the charges through the retailer’s internal dispute resolution process or the dispute resolution scheme identified under clause 3 of Schedule 4 of the Act; or
    • (ii) if the customer has disputed the charges, the customer has not paid all other charges and parts of any charges relating to electricity supply that are not disputed, the retailer having credited, with the customer’s agreement, any part-payment to the electricity supply portion of the invoice to the non-disputed charges first.

• (1) A retailer must ensure that reconnection of a prepay customer occurs as soon as reasonably practicable after the customer has completed their purchase transaction for new credit.
• (2) Subclause (1) requires that reconnection take place within 30 minutes of the customer completing their purchase transaction for new credit, unless:
  • (a) remote reconnection fails due to connectivity issues which would require sending a technician to the premises; or
  • (b) the meter owner has system issues; or
  • (c) the retailer is waiting on confirmation from the customer that the premises can be safely reconnected.

• (1) This Part of the Consumer Care Obligations requires retailers and distributors to take specific actions in relation to customers and any other residential consumers permanently or temporarily residing at a customer’s premises who are, or may be, medically dependent consumers, for the purpose of ensuring that:
  • (a) any customer premises at which medically dependent consumers reside are not electrically disconnected by their retailer; and
  • (b) medically dependent consumers receive appropriate care and consideration in relation to planned and unplanned outages.
• (2) For the purpose of these Consumer Care Obligations, a retailer is deemed to know that a medically dependent consumer may be permanently or temporarily residing at a customer’s premises if:
  • (a) the retailer has recorded that the customer, or any other residential consumer who permanently or temporarily resides at the premises, has medically dependent consumer status under clause 49 of these Consumer Care Obligations;
  • (b) the retailer has received an application (in any form) from the customer or any other residential consumer who permanently or temporarily resides at the premises for medically dependent consumer status, and the retailer has not yet decided the application; or
  • (c) the retailer becomes aware of information that a reasonable retailer would consider indicates that a medically dependent consumer may be residing at those premises.

• (1) A retailer must request information which the retailer reasonably requires to identify whether a customer or any other residential consumer who permanently or temporarily resides at the customer’s premises may be a medically dependent consumer when:
  • (a) first signing up a customer;
  • (b) contacting a customer under clause 16; and
  • (c) communicating with a customer who may be experiencing payment difficulties under clause 23.
• (2) A retailer may request information under subclause (1) at any other time the retailer reasonably considers it appropriate.
• (3) If a retailer knows that a customer or any other residential consumer who permanently or temporarily resides at the customer’s premises may be a medically dependent consumer, the retailer must request the following information:
  • (a) the name of that customer or residential consumer; and
  • (b) for residential consumers, their communication information as listed under clause 13.
• (4) Whenever a retailer receives the information under this clause, the retailer must:
  • (a) record such information as is necessary for the retailer to perform its obligations under this Part; and
  • (b) only use the information to inform the retailer’s performance of its obligations under this Part.

• (1) A retailer must, as soon as practicable after it becomes aware of information that a reasonable retailer would consider indicates that a customer or residential consumer who permanently or temporarily resides at a customer’s premises may be a medically dependent consumer, use best endeavours to request that they make an application (in any form) for medically dependent consumer status with the retailer.
• (2) The retailer must advise the customer or residential consumer under subclause (1) that if the retailer does not receive an application (in any form) within a period specified by the retailer, which must be least 21 business days, the retailer may decide to no longer regard that customer or residential consumer as someone who may be a medically dependent consumer.
• (3) Subclause (2) does not apply if the retailer records the customer or residential consumer as a medically dependent consumer under clause 49.

• (1) Subject to subclause (2), a retailer may, at its discretion, record that a customer, or residential consumer who permanently or temporarily resides at a customer’s premises, has medically dependent consumer status, having regard to the information gathered by the retailer in accordance with these Consumer Care Obligations or otherwise provided by a customer, residential consumer, or any third party.
• (2) A retailer must record that a customer, or residential consumer who permanently or temporarily resides at a customer’s premises, has medically dependent consumer status if the retailer receives a valid confirmation of status form or reconfirmation form in relation to that person.

• (1) Upon receipt of an application (in any form) for medically dependent consumer status in relation to a customer or residential consumer residing at a customer’s premises, the retailer:
  • (a) must record that the application has been received;
  • (b) must advise the applicant that the retailer will:
    • (i) record and hold relevant information relating to the application for the purposes described in clauses 46(1)(a) and (b); and
    • (ii) share where necessary information with the relevant distributor, metering equipment provider and trader recorded in the registry as being responsible for a relevant ICP (unless the retailer is itself the relevant trader);
  • (c) may, if appropriate to do so, take reasonable steps to confirm that the applicant is permanently or temporarily resident at the premises;
  • (d) may ask the applicant for a confirmation of status form if one has not been provided with the application, provided that, if the retailer requests a confirmation of status form, it must provide the applicant with the confirmation of status form prescribed by the Authority and advise the applicant that it may decline the application if the applicant fails to provide a valid form; and
  • (e) may, where applicable and if appropriate to do so, take reasonable steps to confirm the validity of the confirmation of status form.
• (2) If a retailer receives an application for medically dependent consumer status but the application does not relate to a customer’s premises, the retailer must, as soon as reasonably practicable:
  • (a) use reasonable endeavours to determine who the current retailer is for the premises;
  • (b) inform the applicant, or the health practitioner who completed the confirmation of status form (if a form has been received by the retailer), that:
    • (i) the retailer is not responsible for the supply of electricity to the premises; and
    • (ii) if the retailer has determined who the responsible retailer is under paragraph (a), that retailer’s name and contact details; and
  • (c) encourage the applicant to contact the responsible retailer as soon as practicable.

• (1) If a retailer receives an application under clause 50, or otherwise decides to record a customer or residential consumer as a medically dependent consumer, the retailer must:
  • (a) if the retailer is the trader recorded in the registry as being responsible for the relevant ICP, advise the relevant distributor, using the relevant EIEP published by the Authority under clause 52, of:
    • (i) as applicable, the application, at the time the retailer receives the application;
    • (ii) the retailer’s decision regarding whether to record the applicant as a medically dependent consumer, as soon as practicable once the retailer has made that decision; and
    • (iii) any subsequent change in medically dependent consumer status; and
  • (b) if the retailer is not the trader recorded in the registry as being responsible for the relevant ICP, advise that trader, using the relevant EIEP published by the Authority under clause 52, of the matters in subparagraph (a)(i) to (iii).
• (2) If a trader receives advice under subclause (1)(b), the trader must record that information and advise the relevant distributor as soon as practicable, using the relevant EIEP published by the Authority under clause 52, of the matters in subclause (1)(a)(i) to (iii).
• (3) If a trader authorises a metering equipment provider to undertake any work at a customer’s premises, it must notify the metering equipment provider if the trader knows a medically dependent consumer may reside at the premises.
• (4) A retailer must, if it has not already done so, comply with subclause (1) (with all necessary modifications) in respect of any medically dependent consumers as recorded by that retailer at the time this clause comes into effect.

• (1) The Authority must prescribe and publish 1 or more EIEPs with which a retailer must comply when providing information to a distributor under clause 51(1)(a) or a trader under clause 51(1)(b).
• (2) Before the Authority prescribes an EIEP under subclause (1), or amends an EIEP that it has prescribed under subclause (1), it must consult with the participants that the Authority considers are likely to be affected by the EIEP.
• (3) The Authority need not comply with subclause (2) if it proposes to amend an EIEP prescribed under subclause (1) if the Authority is satisfied that—
• (a) the nature of the amendment is technical and non-controversial; or
• (b) there has been adequate prior consultation so that the Authority has considered all relevant views.

• (1) Where the retailer has received a confirmation of status form, the retailer must record the following information in respect of that confirmation of status form and any subsequent reconfirmation form received:
  • (a) when the form was received;
  • (b) the name of the health practitioner who completed the form;
  • (c) the date on which the form was completed by the health practitioner; and
  • (d) the time period to which the health practitioner’s confirmation given in the form applies, if any period is specified.
• (2) If a retailer does not receive a valid confirmation of status form after a period of at least 21 business days after making a request under clause 50(1)(d), and is considering declining the application under subclause (4), the retailer must advise the applicant that:
  • (a) the applicant must provide a valid confirmation of status form as soon as practicable;
  • (b) if the retailer does not receive a confirmation of status form within a period specified by the retailer, which must be least 10 business days, the retailer may decide to decline the application; and
  • (c) the applicant should, as soon as practicable, contact the retailer if they are unable to provide a confirmation of status form within the period specified in paragraph (b).
• (3) A retailer may request the confirmation of status form directly from the health practitioner who completed the form, if authorised to do so by the applicant.
• (4) If a retailer has advised the applicant of the information specified in subclause (2), and has still not received a valid confirmation of status form within the period specified in subclause (2)(b), the retailer may, after considering any information provided under subclause (2)(c), decline the application to record the applicant has medically dependent consumer status.

• (1) Before declining an application for medically dependent consumer status, other than on grounds that the applicant does not permanently or temporarily reside at a customer’s premises, a retailer must request from the applicant a confirmation of status form under clause 50(1)(d).
• (2) Before declining an application for medically dependent consumer status on grounds that the confirmation of status form is not valid, the retailer must take reasonable steps to confirm the validity of the form under clause 50(1)(e).

• If a retailer receives an application for medically dependent consumer status but the applicant does not respond to any questions from the retailer communicated to the applicant using the applicant’s communication information recorded under clause 13 or 47, and does not otherwise communicate with the retailer within a period of at least 21 business days, the retailer may decline the application to record the applicant has medically dependent consumer status.

• If a retailer declines an application for medically dependent consumer status, the retailer must:
  • (a) notify the applicant as soon as practicable of the retailer’s decision;
  • (b) inform the applicant of how to reapply to be recorded as a medically dependent consumer;
  • (c) inform the applicant of the dispute resolution process they may follow, including:
    • (i) making a complaint to the retailer through the retailer’s internal dispute resolution process; or
    • (ii) making a complaint to the dispute resolution scheme identified under clause 3 of Schedule 4 of the Act; and
  • (d) if a complaint is made under paragraph (c), and the customer or residential consumer is engaging with the retailer’s internal dispute resolution process and/or the dispute resolution scheme identified under clause 3 of Schedule 4 of the Act in good faith, treat the customer or residential consumer as if they are a medically dependent consumer while the dispute is unresolved.

• (1) A retailer may review whether a customer or residential consumer should continue to be recorded as having medically dependent consumer status no more than once in any 12-month period.
• (2) If a retailer decides to undertake a review under subclause (1), the retailer must contact the customer or residential consumer to:
  • (a) ask them to advise the retailer if:
    • (i) they continue to reside at the premises; and
    • (ii) they still consider themselves a medically dependent consumer; and
  • (b) give them an opportunity to provide any further information that they wish to provide regarding whether or not they should continue to be recorded as having medically dependent consumer status.
• (3) A retailer is not required to comply with subclause (2)(a)(ii) if the retailer is satisfied that the customer or residential consumer’s medical dependency on mains electricity is permanent.
• (4) If having made contact under subclause (2), the retailer is informed that the customer or residential consumer continues to reside at the premises and, if applicable, still considers themselves a medically dependent consumer, clauses 50 to 55 apply with all necessary modifications.
• (5) If a retailer has previously been provided with a confirmation of status form or reconfirmation form for that medically dependent consumer, the retailer may, as part of a review under subclause (1) and if it reasonably considers it appropriate in the circumstances, request that a medically dependent consumer provide the retailer with a reconfirmation form and provide the applicant with the reconfirmation form prescribed by the Authority.
• (6) If a retailer requests a reconfirmation form under subclause (5), and a valid reconfirmation form is provided, the retailer must meet the customer’s or residential consumer’s reasonable costs of obtaining that reconfirmation form, unless the earlier confirmation of status form or reconfirmation form had specified a time period to which the health practitioner’s confirmation given in the form applied, and that period has ended.
• (7) Upon completion of any review under subclause (1), the retailer must:
  • (a) notify the customer or residential consumer of the outcome of that review; and
  • (b) if the retailer decides that the customer or residential consumer should no longer be recorded as having medically dependent consumer status:
    • (i) inform them of the matters in clauses 56(b) and (c);
    • (ii) provide them with 2 weeks’ notice before removing their medically dependent consumer status; and
    • (iii) if a complaint is made through the retailer’s internal dispute resolution process or to the dispute resolution scheme identified under clause 3 of Schedule 4 of the Act and the customer or residential consumer is engaging with that process in good faith, treat them as if they are a medically dependent consumer while the dispute is unresolved.

• As soon as a retailer knows that a customer, residential consumer considering entering into a contract with the retailer, or any other residential consumer who permanently or temporarily resides at the premises of such persons may be a medically dependent consumer, the retailer must:
  • (a) advise the customer or residential consumer:
    • (i) that the supply of electricity cannot be guaranteed; and
    • (ii) of the importance of the customer or residential consumer arranging for the development of an individual emergency response plan; and
  • (b) direct the customer or residential consumer to the Authority’s website for resources to support the development of an individual emergency response plan.

• (1) A retailer must not recommend a prepay product offering in relation to any residential premises if the retailer knows that a medically dependent consumer may permanently or temporarily reside at the premises.
• (2) If a customer, or a residential consumer considering becoming a customer, requests a prepay product offering for premises at which the retailer knows that a medically dependent consumer may permanently or temporarily reside, the retailer must, before agreeing to provide that service:
  • (a) use its best endeavours to encourage the customer or residential consumer to choose a post-pay product offering, including encouraging them to engage with 1 or more support agencies who may assist them in meeting any requirements of a post-pay contract;
  • (b) advise the customer or residential consumer that any medically dependent consumers residing at the premises should first discuss the prepay product offering with a health practitioner with an appropriate scope of practice; and
  • (c) inform the customer or residential consumer and, if the retailer has contact details for any medically dependent consumers residing at that premises, those medically dependent consumers, of the risk of there being no electricity supply if the prepay service runs out of credit.

• (1) Where a retailer has advised a distributor of an application or a decision to record a person as a medically dependent consumer under clause 51, the retailer and the distributor must use reasonable endeavours to agree processes to coordinate with each other on planned service interruptions and electrical disconnections that will affect those medically dependent consumers.
• (2) Each retailer that has an arrangement with a metering equipment provider under Part 10 of this Code must use reasonable endeavours to ensure their service level agreements with metering equipment providers prevent the metering equipment provider, having regard to any applicable health and safety requirements, from:
  • (a) electrically disconnecting the retailer’s customer without explicit instruction or agreement from the retailer; or
  • (b) as far as reasonably practicable, varying the date or materially varying the time of an agreed electrical disconnection or reconnection.

Where a retailer has customers at an ICP for which it is not the responsible trader as recorded in the registry, the retailer and the trader for that ICP must use reasonable endeavours to agree processes to coordinate with each other on planned service interruptions and electrical disconnections that will affect any person who is the subject of a notification under clause 51.

• If a residential consumer nominates an alternate contact person under clause 47(3)(b), the retailer may contact that alternate contact person if the retailer is unable to contact the residential consumer.

• (1) A retailer may no longer regard a customer or residential consumer as someone who may be a medically dependent consumer in any of the following circumstances:
  • (a) where the customer or residential consumer requests that they no longer be regarded as a medically dependent consumer;
  • (b) where the customer or residential consumer no longer receives electricity from the retailer;
  • (c) where a retailer has complied with clause 48, and has not received an application (in any form) for medically dependent consumer status within at least 21 business days of attempts to contact that customer or residential consumer; and
  • (d) where the retailer has validly declined an application for medically dependent consumer status under this Part of the Consumer Care Obligations.
• (2) If a retailer no longer regards a customer or residential consumer as someone who may be medically dependent consumer in the circumstances listed in subclause (1)(a), (b) or (c), the retailer must:
  • (a) notify the customer and/or residential consumer as soon as practicable of the retailer’s decision; and
  • (b) inform them of the matters in clauses 56(b) and (c).

• This Part of the Consumer Care Obligations imposes obligations on retailers concerning fees, bonds and conditional discounts to ensure they are reasonable.

• Each retailer must clearly disclose:
  • (a) information on all fees, conditional discounts and bonds that may be available to or payable by customers; and
  • (b) if applicable, the method or calculation and the maximum limit of that fee under clause 67.

• A retailer must only charge a customer a fee where the retailer is reasonably satisfied, before charging that fee, that the customer is aware of the amount of the fee.

• Any fee which a retailer determines via a method or calculation must where practicable include a stated maximum limit.

• (1) Any fee charged by a retailer to a customer must:
  • (a) not exceed reasonable estimates of the costs the fee is identified as contributing to; and
  • (b) otherwise be reasonable, taking into account the need to strike an appropriate balance between precision, and administrative and practical efficiency.
• (2) A fee must not:
  • (a) be used to offset future costs; or
  • (b) attempt to recover any deficit that may have arisen because of previous under recovery.

• A retailer must use reasonable endeavours to ensure that customers are aware of the amount of any conditional discount available and how a customer can receive that conditional discount.

• Any conditional discount offered by a retailer to a customer must reflect a reasonable estimate of the costs incurred, or likely to be incurred, by the retailer as a result of a customer not meeting the payment conditions.

• (1) Any bond required by a retailer must be reasonable, taking into account a reasonable estimate of the customer’s expected invoice amount for a billing cycle.
• (2) A retailer must refund any bond no later than after the expiry of a 12-month period of the customer paying all invoices on time.