Register of enforcement action

Number of Notices: 45

Penalty Amount: $1,676,104

Provisions contravened: Clauses 150(1), 150(4) and 151(1) of the Electricity Retail Code of Practice, Section 23A(2) of the Electricity Industry Action (2000) and its statutory licence condition, and section 33(2) of the Gas Industry Act (2001) and its statutory licence condition.

Obligations contravened: Engie failed to either prevent the disclosure or provision of confidential information about customers affected by family violence without their consent, take reasonable steps to find out an affected customer’s preferred method of communication, or offer practical alternatives if their preferred method was not practicable or provide customer service assistance that avoided the need for a customer affected by family violence to repeatedly disclose or refer to their experience. Also, allegedly failed to provide accurate performance reports to the commission.

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Number of notices: 22

Penalty amount: $825,472

Provisions contravened: clause 80(1) of the ERCOP, section 23A of the Electricity Industry Act 2000 and section 33 of the Gas Industry Act 2001.

Obligations contravened: Dodo Power & Gas allegedly failing to pass on guaranteed service level payments to customers within the required timeframe and also allegedly failed to report the guaranteed service level payment breach and a separate disconnection breach to the commission within the prescribed timeframe.

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Greater Western Water enforceable undertaking 2024.

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Number of Notices: 10

Penalty Amount: $369,840

Provision contravened: Energy Retail Code of Practice (version 1 and 2) clause(s) 108, 109(1) 110(1) and 110(2)

Obligation contravened: ReAmped Energy allegedly failed in its best offer obligations to customers when it did not identify the customer’s best offer, incorrectly calculated the best offer, or did not provide a best offer message frequently enough.

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ReAmped Energy's enforceable undertaking for alleged breaches of the ‘best offer’ obligations.

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AusNet's enforceable undertaking for failing to maintain outage tracker during February 2024 storm event.

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Jemena Electricity Networks (VIC) Ltd failure to notify customers of planned interruption undertaking 2024

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Number of Notices: 12

Penalty Amount: $436,176

Provision contravened: Electricity Retail Code of Practice (version 1) clause 80
Obligation contravened: Blue NRG allegedly failed to credit guaranteed service level payments to customers within the required timeframe.

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Number of Notices: 4
Penalty Amount: $147,936
Provision contravened: Electricity Retail Code of Practice (version 2) clause 152(1)
Obligation contravened: Origin Energy allegedly did not take into account the potential impact of debt recovery action at the time on affected customers as obliged to do so under the provisions of the ERCOP

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Number of Notices: 4
Penalty Amount: $147,936
Provision contravened: Electricity Retail Code of Practice (version 2) clause 152(1)
Obligation contravened: Origin Energy allegedly did not take into account the potential impact of debt recovery action at the time on affected customers as obliged to do so under the provisions of the ERCOP

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Number of Notices: 11
Penalty Amount: $406,824
Provision contravened: Electricity Distribution Code of Practice (version 1), clause 11.5.1(a) and (b)
Obligation contravened: CitiPower allegedly failed to provide at least four business days written notice of a planned interruption to customers

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Number of notices: 22

Penalty amount: $799,656

Provision contravened: Electricity Retail Code of Practice (version 1), clause 109(1) 

Obligation contravened: AGL allegedly did not carry out the deemed best offer check by calculating the deemed best offer check result in line with the prescribed formula. 

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Number of notices: 2

Penalty amount: $72,696

Provision contravened: Electricity Retail Code of Practice (version 1), clause 110(2)

Obligation contravened: Before providing a deemed best offer message, Red Energy allegedly failed to determine the deemed best offer for small customers in accordance with clause 108.

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Number of notices: 5

Penalty amount: $181,740

Provision contravened: Electricity Retail Code of Practice (version 1), clause 110(1)

Obligation contravened: Red Energy allegedly failed to provide a deemed best offer message on a bill to small customers in line with the prescribed minimum timeframes.

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Number of notices: 2

Penalty amount: $73,968

Provision contravened: Electricity Industry Act 2000, Section 40SE, Section 23A

Obligation contravened: AGL allegedly arranged for the wrongful disconnection of a customer who had arrears less than the $300 threshold, and allegedly failed to report the wrongful disconnection to the commission within the prescribed reporting timeframe.

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1st Energy's banned door-to-door energy retail sales activities enforceable undertaking 2023

Number of notices: 1

Penalty amount: $36,348

Provision contravened: Electricity Distribution Code of Practice (Version 14), clause 5A.5.1(a)

Obligation contravened: In circumstances where Jemena was required to record a life support customer's details in a register of life support customers and residents, Jemena allegedly failed to give the customer's details to the relevant retailer within one day after receiving the information 

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Number of notices: 30

Penalty amount: $310,680

Provision contravened: Electricity Distribution Code of Practice (Version 14), clause 5.5.1(a)

Obligation contravened: Jemena allegedly failed to provide at least 4 business days' written notice to non-life support customers of a planned power interruption

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Number of notices: 1

Penalty amount: $10,356

Provision contravened: Distribution Code of Practice (Version 14), clause 5.5.1(b)

Obligation contravened: Jemena allegedly failed to provide at least 4 business days' written notice of a planned power interruption to a customer registered with Jemena as requiring life support equipment

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