Ergon Energy Queensland Pty Ltd (Ergon Energy) has paid two infringement notices totalling $135,600 issued by the Australian Energy Regulator (AER) for alleged contraventions of the National Energy Retail Rules relating to life support equipment.
The infringement notices were issued as the AER had reasonable grounds to believe that Ergon Energy:
- failed to register a customer who advised that they required the use of life support equipment (as required by rule 124(1)(a) of the National Energy Retail Rules), and
- deregistered a customer’s premises without providing the customer with the required deregistration notices in breach of the requirements of rule 125 of the National Energy Retail Rules.
These alleged failures by Ergon Energy had the potential to harm customers because customers may not have received the life support protections they were entitled to.
AER Board Member Mr Justin Oliver said that all energy retailers have important obligations to support customers whose premises use life support equipment.
“Customers who use life support equipment can be especially vulnerable, so it’s vital that retailers have the systems and procedures in place to support these customers and provide them with the protections required under the National Energy Retail Rules,” said Mr Oliver.
The alleged contraventions were identified as part of an investigation undertaken by the AER after Ergon Energy self-reported possible breaches of life support rules to the regulator.
Note to Editors
The AER’s power to issue infringement notices
The AER can issue infringement notices when it believes on reasonable grounds that a person or business has contravened certain provisions of the National Energy Retail Rules.
The person or business can choose whether or not to comply with the infringement notice (by paying the penalty specified in the notice) and is entitled to disregard the infringement notice and to defend any proceedings in respect of the alleged breach.
The payment of an infringement notice does not constitute an admission of liability by the person or business.
Life support obligations
The AER published an updated Life Support Registration Guide (the Guide) in September 2021 after new retailer obligations relating to life support came into effect on 1 August 2021.
The purpose of the Guide is to assist retailers and distributors understand their responsibilities to customers relying on life support equipment under those rules.