Consultation on new VEU code of conduct implementation requirements

Consultation outcome

We are updating the forms to create Victorian energy efficiency certificates (VEECs) to collect lead generation information for the following VEU activities:

• heat pump replacing electric resistance (activity 1D) - residential activities only
• room air-to-air heat pump for space heating (activity 10) - residential and non-residential activities
• weather sealing (activity 15) - residential activities
• low flow shower rose (activity 17) - residential and non-residential activities
• in-home display units (activity 30) - residential activities
• refrigerated cabinet (activity 32) - non-residential activities

Accredited persons will also need to acknowledge compliance with the VEU code of conduct (the code) as part of the terms and conditions when creating VEECs for any VEU activity.

After the consultation, we: 

• added more lead generation options to those proposed as part of the consultation to make selection easier for accredited persons
• revised the commencement date for use of the form from 23 January 2023 to 20 February 2023.

More information is available in the program update.

Consultation scope

Key facts

We proposed for accredited persons to provide additional information in certificate creation forms to regulate accredited persons and ensure compliance with the code.

We sought feedback from accredited persons by 25 November 2022 on:

• the proposed fields to be included at the stage of certificate creation for some activities
• the new requirement for an acknowledgement by accredited persons
• the proposed implementation date.

Background

Accredited persons and scheme participants must comply with the obligations included in the code to ensure that consumers are treated fairly and respectfully.

Since its introduction on 1 July 2022, we have continued to receive complaints from consumers about lead generation practices under the VEU program.

The code places obligations for lead generators to disclose information to consumers, including their company details and the name of the accredited person creating certificates. Additionally, the code requires accredited persons to keep accurate records of any lead generation or marketing activity they conduct, or that is conducted on their behalf by a third party. 

Why did we consult?

The code provides consumer protections with which accredited persons and scheme participants are legally required to comply.

Consumers have told us they are concerned about telemarketing and lead generation practices used by industry participants in the VEU program.

This consultation sought accredited persons’ feedback about whether the proposed collection of lead generation information at the time of creating certificates affects accredited persons’ existing processes and systems.

We also sought feedback about the additional requirement for accredited persons to acknowledge their compliance with the code and the feasibility for the proposed commencement date for those changes.

What we asked

In preparing submissions, we asked accredited persons to consider the following questions when reviewing the proposed fields to be included on upload forms for some activities as outlined below.

Question one: Are there any additions to the dropdown list you would propose to be included?
Question two: Are there any barriers to collecting and providing the information required?
Question three: Is there alternative information that accredited persons can provide instead to achieve the same objective?
Question four: Does the proposed commencement date of 23 January 2023 raise any concerns?

We proposed the requirement would only apply to:

• heat pump replacing electric resistance (activity 1D) – residential only
• room air-to-air heat pump for space heating (activity 10)
• weather sealing (activity 15)
• low flow shower rose (activity 17)
• in-home display units (activity 30)
• refrigerated cabinet (activity 32).

The new fields were proposed to be required for activity creations submitted for the above activities from 23 January 2023.

New requirement to acknowledge the code

We also asked accredited persons to consider the following proposal for accredited persons to acknowledge their compliance with the code when creating certificates for all activities:

‘The accredited person acknowledges that it has ensured that all scheme participants have complied with the code of conduct contained in the Victorian Energy Efficiency Target Regulations 2018, before submitting a certificate for registration to the Essential Services Commission.’

Question five: Do you have any feedback about the proposed acknowledgement?