We have released our final decision on how energy retailers can improve protections for customers affected by family violence. 

The final decision is part of our response to the Victorian Royal Commission into Family Violence. It's also part of our broader family violence framework for the energy sector.

We're amending the Energy Retail Code

Our final decision outlines the Energy Retail Code amendments that will be implemented on 1 January 2020. These amendments aim to give customers affected by family violence an entitlement to safe, supportive and flexible assistance in managing their personal and financial security. 

From 1 January 2020, energy retailers will be required to provide family violence assistance to their customers. They will need to have a family violence policy, and meet minimum standards on:

• training
• account security
• customer service
• debt management practices
• external support services
• evidence of family violence.

These minimum standards were developed from six months of consultation with energy retailers, family violence specialists and the community sector. They were also informed by advice from victim-survivors of family violence, who generously shared their stories and experiences with us.

Our broader family violence framework

We are developing a family violence framework for energy customers in Victoria, designed around the proposed amendments to the code and a better practice guide.

In mid-2019 we will publish a better practice guide with family violence initiatives from across the energy and water sectors. The guide will highlight innovation and support improvement beyond the minimum standards of the code. Underpinning the guide will be the principles and actions refined through our 2018 workshop series and issues paper, Providing Family Violence Support. 

Our role in pressing for change

In response to the 2016 Victorian Royal Commission into Family Violence, the government asked us to provide guidance on the policies and best practices energy retailers should adopt to support people who have experienced family violence. We worked with family violence experts and the broader energy sector to understand our role and how best to facilitate change. 

'If you are asking yourself, 'how could I help?', change the tone in that and ask yourself 'how can I help?' Because the smallest thing can make a difference.'
- Educator and family violence advocate, Lisa McAdams, at our first workshop in August 

We're supporting energy retailers to develop safe and effective responses 

We're looking at ways businesses can ensure they are providing the right kind of support to customers and staff at the point it is needed. 

Through a series of workshops we've looked at the impact of family violence on customers and staff and why the Royal Commission into Family Violence identified a role for business in providing safe and effective responses.

In October 2018 we published a discussion paper, Providing Family Violence Support, to guide energy retailers on how to improve their processes to provide safe and effective support to customers and staff who experience family violence.

'If it were a colleague or a friend of mine, I would want to know that industries like mine have their back and would help when they need it.'
- David Ackland, EnergyAustralia's Executive for Customer Experience, at our first workshop in August 

We have changed the energy retail code to specify which obligations apply to certain types of electricity sellers who are exempt from holding a licence under the general exemption order. These exemptions include many caravan parks, retirement homes, apartments, shopping centres and similar sites that have an embedded electricity network.

The Victorian Government has changed the rules that apply to electricity sellers in embedded networks to ensure that their customers have similar protections to other Victorian energy consumers. As part of this change the government asked us to specify which obligations in our Energy Retail Code should apply to exempt sellers.

Our final decision

After consulting with stakeholders on our draft decision, we released a final decision that detailed the obligations that will apply to exempt sellers from 1 January 2019. Where possible we have tried to align these obligations with the rules in other states and territories.

These obligations relate directly to provisions in the Energy Retail Code. They relate broadly to the following areas:

• explicit informed consent
• billing, including contents and information on bills, basis for bills, frequency of bills, payment methods, undercharging and overcharging, additional retail charges and merchant fees
• payment difficulties assistance and payment plan options
• restrictions on debt recovery for residential customers experiencing payment difficulties
• a prohibition on security deposits for residential customers
• general information about interpreter services
• provision of information to customers
• reminder notice and disconnection warning notice requirements
• disconnection and reconnection requirements
• life support equipment requirements.

This guideline sets out what retailers and distributors need to report to us. To help ensure we receive the correct information, we ask regulated businesses to use reporting templates we have created.

This review focused on amending the guideline to ensure that it aligns with the payment difficulty framework.

We updated the performance indicators and compliance obligations set out in the reporting guideline and also made a number of administrative changes.

View the latest version of the Compliance and Performance Reporting Guideline. 

Energy retailers are required to pay an energy customer a prescribed amount of money if they disconnect the supply of energy to that customer in breach of their contract (as per the Gas Industry Act 2001 and the Electricity Industry Act 2000). 

If the Energy and Water Ombudsman (Victoria) and an energy retailer are unable to agree about whether the retailer should make a wrongful disconnection payment in a particular case, the ombudsman can refer the matter to us for decision. We consider the ombudsman's referral and supporting material, as well as any submissions made by the retailer and determine whether the retailer needs to make a wrongful disconnection payment.

We may also make decisions in respect of disconnection matters that are reported to us by energy retailers or other sources. In these instances, we consider submissions and supporting materials provided by the retailer and may seek additional information from other relevant sources such as impacted customers, consumer groups and other relevant third parties.

Our decisions on such cases are published under the 'Decisions' tab of this page. Each case is assessed on its own merits, and cases are not treated as precedent.

Delays sometimes occur in connecting new housing developments to electricity. Since 2018, we have been working with stakeholders from the development industry and electricity networks to reduce these delays. 

We have worked to help ensure electricity connections in new subdivisions happen in a timely and transparent way, so that

• people can move into their new homes quicker
• developers are clear about the electricity distribution businesses processes for managing new connections.

2018 electricity connections process review

In 2018, the Victorian Government asked us to provide advice on ways to ensure new property developments receive electricity connections within certain time frames.

This followed concerns raised by the housing industry that costs and delays associated with connecting new developments, as well as disparate processes by electricity distribution businesses, are a barrier for delivering more affordable housing.

We worked with stakeholders from the development industry and electricity networks to identify what might be causing these delays.

Stakeholders told us there were a range of issues affecting the time taken to connect new developments including:

• the rapid growth in demand for new lots placing strains on resources across the sector
• the poor quality of some connection works
• an inadequate customer focus by distribution businesses
• auditing practices by distribution businesses
• the development industry's lack of understanding of the regulatory framework and how they can influence the decisions made under it.

Making the system work better

While our 2018 review concluded that the regulatory framework is not the main cause of delays, we identified ways to make the system work better including:

• support for a new service improvement commitment to improve response times, clarify expectations around the connections process and communication between the electricity networks and the development industry
• the networks and development sector establishing a governance committee to monitor their performance 
• a new feedback register where stakeholders can raise concerns.

The commission's role is to chair the governance committee and provide the complaints register. 

Electricity connections governance committee

We have established a governance committee to:

• monitor delivery of the Service Improvement Commitment and other initiatives
• give feedback where necessary to achieve elements of the Service Improvement Commitment  and other initiatives
• identify issues and risks that may affect implementation of initiatives.

The committee includes representatives from:

• AusNet Services
• CitiPower/Powercor/United Energy
• Jemena
• Property Council of Australia
• Urban Development Institute of Australia (Victorian Branch)
• Victorian Planning Authority
• Essential Services Commission.

View committee documentation in the 'resources' tab.

These reports are no longer the most up-to-date resource for information relating to retail electricity and gas pricing information, indicators of customer service and performance, and summaries of retailer’s compliance with obligations.

View our Victorian Energy Market Report, which replaced our energy retail performance reports. Written for consumers, the market report details the current state of the Victorian electricity and gas markets.

Unaccounted for gas (UAFG) is the difference between the measured quantity of gas entering the gas distribution system from various supply points and the gas delivered to customers. This review calculated new benchmarks for the calendar years 2013 to 2017.

The benchmarks apply to Envestra (now Australian Gas Networks), MultiNet and AusNet Services. The benchmarks commenced when they were declared by the Minister for Energy in an Order published in the Government Gazette.

Overview

We use information provided by energy businesses to monitor and produce reports on their performance and compliance with regulatory obligations. This guideline sets out what retailers need to report to us.

To help ensure we receive the correct information, we ask regulated businesses to use reporting templates we have created.

As of 1 May 2023, electricity reporting obligations as well as performance and compliance reporting templates for distributors can now be found on the Electricity Distribution Code of Practice page.

This policy outlines our approach to compliance and enforcement in the energy, water, transport and local government sectors, and the Victorian Energy Upgrades program.

It explains our:

• role and objectives
• compliance and enforcement roles, powers and pathways
• reporting on compliance and enforcement.

The original policy took effect on 22 July 2016. It applies to our full suite of enforcement powers as updated by the following resources:

Commissioner Sitesh Bhojani talks about our new policy