Code of Conduct for the Supply of Electricity to Small Use Customers 2018 (WA)

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AUSTRALIAN

GOVERNMENTA A

azette ISSN 1448-949X (print) ISSN 2204-4264 (online)

_ PRINT POST APPROVED PP665002/00041 WESTERN

PERTH, MONDAY, 11 JUNE 2018 No. 85 SPECIAL

PUBLISHED BY AUTHORITY KEVIN J. McRAE, GOVERNMENT PRINTER AT 12.00 NOON

(f) STATE OF WESTERN AUSTRALIA

ELECTRICITY INDUSTRY ACT 2004

CODE OF CONDUCT FOR THE SUPPLY OF ELECTRICITY TO SMALL USE CUSTOMERS 2018

1848 GOVERNMENT GAZETTE, WA 11 June 2018

ELECTRICITY INDUSTRY ACT 2004

CODE OF CONDUCT FOR THE SUPPLY OF ELECTRICITY TO

SMALL USE CUSTOMERS 2018

The Economic Regulation Authority—

(a)	repeals the "Code of Conduct for the Supply of Electricity to Small Use Customers 2016" gazetted 17 June 2016 (No. 104), which repeal is to take effect on 1 July 2018;
(b)	approves the "Code of Conduct for the Supply of Electricity to Small Use Customers 2018", gazetted 11 June 2018 (No. 85); and
(c)	prescribes 1 July 2018 as the date on which the "Code of Conduct for the Supply of Electricity to Small Use Customers 2018", gazetted 11 June 2018 (No. 85) comes into operation,

pursuant to section 79 of the Electricity Industry Act 2004.

Ms NICOLA CUSWORTH, Chair,

Economic Regulation Authority.

11 June 2018 1849

GOVERNMENT GAZETTE, WA

ELECTRICITY INDUSTRY ACT 2004

CODE OF CONDUCT FOR THE SUPPLY OF ELECTRICITY

TO SMALL USE CUSTOMERS 2018

CONTENTS

PART 1-PRELIMINARY

1.1 Title
1.2 Authority
1.3 Commencement
1.4 Interpretation
1.5 Definitions
1.6 Application
1.7 Purpose
1.8 Objectives

1.9 Amendment and Review

1.10 Variation from the Code

PART 2-MARKETING

Division 1-Obligations particular to retailers

2.1 Retailers to ensure electricity marketing agents comply with this Part

Division 2-Contracts and information to be provided to customers

2.2 Entering into a standard form contract 2.3 Entering into a non-standard contract

Division 3-Marketing Conduct

2.4 Standards of Conduct
2.5 Contact for the purposes of marketing

2.6 No canvassing or advertising signs

Division 4-Miscellaneous

2.7 Compliance

2.8 Presumption of authority

2.9 Electricity marketing agent complaints

2.10 Records to be kept

PART 3-CONNECTION

3.1 Obligation to forward connection application

PART 4-BILLING

Division 1-Billing cycles

4.1 Billing cycle*
4.2 Shortened billing cycle*
4.3 Bill smoothing

4.4 How bills are issued

Division 2-Contents of a Bill

4.5 Particulars on each bill

Division 3-Basis of Bill

4.6 Basis of bill
4.7 Frequency of meter readings
4.8 Estimations

4.9 Adjustments to subsequent bills

4.10 Customer may request meter reading

1850 GOVERNMENT GAZETTE, WA 11 June 2018

Division 4-Meter testing

4.11 Customer requests testing of meters or metering data

Division 5-Alternative Tariffs

4.12 Customer applications

4.13 Written notification of a change to an alternative tariff

Division 6-Final bill

4.14 Request for final bill

Division 7-Review of bill

4.15 Review of bill

4.16 Procedures following a review of a bill

Division 8-Undercharging, overcharging and adjustment

4.17 Undercharging
4.18 Overcharging

4.19 Adjustments

PART 5-PAYMENT

5.1 Due dates for payment*
5.2 Minimum payment methods*
5.3 Direct debit
5.4 Payment in advance*
5.5 Absence or illness
5.6 Late payments

5.7 Vacating a supply address*

5.8 Debt collection

PART 6-PAYMENT DIFFICULTIES AND FINANCIAL HARDSHIP
Division 1-Assessment of financial situation

6.1 Assessment
6.2 Temporary suspension of actions

6.3 Assistance to be offered

Division 2-Residential customers experiencing payment difficulties or financial hardship

6.4 Alternative payment arrangements

Division 3-Assistance available to residential customers experiencing financial hardship

6.5 Definitions

Subdivision 1-Specific assistance available

6.6 Reduction of fees, charges and debt

6.7 Revision of alternative payment arrangements

6.8 Provision of information

6.9 Payment in advance

Subdivision 2-Hardship policy and hardship procedures

6.10 Obligation to develop hardship policy and hardship procedures

Division 4-Business customers experiencing payment difficulties

6.11 Alternative payment arrangements

PART 7-DISCONNECTION AND INTERRUPTION
Division 1-Conduct in relation to disconnection or interruption

Subdivision 1-Disconnection for failure to pay bill

7.1 General requirements
7.2 Limitations on disconnection for failure to pay bill

7.3 Dual fuel contracts

Subdivision 2-Disconnection for denying access to meter

7.4 General requirements

Subdivision 3-Disconnection or interruption for emergencies

7. 5 General requirements
11 June 2018 GOVERNMENT GAZETTE, WA 1851

Division 2-Limitations on disconnection

7.6 General limitations on disconnection

7.7 Life Support

PART 8-RECONNECTION

8.1 Reconnection by retailer*

8.2 Reconnection by distributor

PART 9-PRE-PAYMENT METERS

9.1 Application
9.2 Operation of pre-payment meter
9.3 Provision of mandatory information
9.4 Reversion
9.5 Life support equipment
9.6 Requirements for pre-payment meters
9.7 Recharge Facilities
9.8 Concessions

9.9 Meter check or test

9.10 Credit retrieval, overcharging and undercharging
9.11 Payment difficulties or financial hardship

9.12 Existing pre-payment meters

PART 10-INFORMATION AND COMMUNICATION

Division 1-Obligations particular to retailers

10.1 Tariff information
10.2 Historical billing data

10.3 Concessions

10.3A Service Standard Payments

10.4 Energy Efficiency Advice

10.5 Distribution matters

Division 2-Obligations particular to distributors

10.6 General information
10.7 Historical consumption data

10.8 Distribution standards

Division 3-Obligations particular to retailers and distributors

10.9 Written information must be easy to understand

10.10 Code of Conduct
10.11 Special Information Needs

10.12 Metering

PART 11-NOT USED

PART 12-COMPLAINTS AND DISPUTE RESOLUTION

12.1 Obligation to establish complaints handling process

12.2 Obligation to comply with a guideline that distinguishes customer queries from complaints

12.3 Information provision

12.4 Obligation to refer complaint

PART 13-REPORTING

13.1 Preparation of an annual report
13.2 Provision of annual report to the Authority

13.3 Publication of reports

PART 14-SERVICE STANDARD PAYMENTS

Division 1-Obligations particular to retailers

14.1 Facilitating customer reconnections
14.2 Wrongful disconnections

14.3 Customer service

Division 2-Obligations particular to distributors

14.4 Customer service

14.5 Wrongful disconnections

Division 3-Payment

14.6 Exceptions
14.7 Method of payment
14.8 Recovery of payment

11 June 2018 GOVERNMENT GAZETTE, WA 1853

ELECTRICITY INDUSTRY ACT 2004

CODE OF CONDUCT FOR THE SUPPLY OF ELECTRICITY

TO SMALL USE CUSTOMERS 2018

PART 1—PRELIMINARY

1.1 Title

The Code may be cited as the Code of Conduct for the Supply of Electricity to Small Use

Customers 2018.

1.2 Authority

The Code is made by the Authority under section 79 of the Act.

1.3 Commencement

The Code comes into operation upon the day prescribed by the Authority.

1.4 Interpretation

(1) Headings and notes are for convenience or information only and do not affect the interpretation of
the Code or any term or condition set out in the Code.
(2) An expression importing a natural person includes any company, partnership, trust, joint venture,
association, corporation or other body corporate and any governmental agency and vice versa.
(3) A reference to a document or a provision of a document includes an amendment or supplement to,
or replacement of or novation of, that document or that provision of that document.
(4) A reference to a person includes that person's executors, administrators, successors, substitutes
(including, without limitation, persons taking by novation) and permitted assigns.
(5) Other parts of speech and grammatical forms of a word or phrase defined in the Code have a
corresponding meaning.
(6) A reference to an electricity marketing agent arranging a contract is to be read as a reference
to an electricity marketing agent entering into the contract on the retailer's or customer's

behalf, or arranging the contract on behalf of another person (whichever is relevant).

1.5 Definitions

In the Code, unless the contrary intention appears—

"accumulation meter" has the same meaning as in clause 1.3 of the Metering Code.
"Act" means the Electricity Industry Act 2004.

"adjustment" means the difference in the amount charged—

(a) in a bill or series of bills based on an estimate carried out in accordance with clause 4.8; or

(b) under a bill smoothing arrangement based on an estimate carried out in accordance with clauses 4.3(2)(a)-(c),

and the amount to be charged as a result of the bill being determined in accordance with clause 4.6(1)(a) provided that the difference is not as a result of a defect, error or default for which the retailer or distributor is responsible or contributed to.

"alternative tariff" means a tariff other than the tariff under which the customer is currently supplied electricity.

"amendment date" means 1 July 2014.

"appropriately qualified medical practitioner" means—

(a)	within the Perth Metropolitan Area, a specialist medical practitioner, a hospice doctor, or a practitioner working in a specialist department of a hospital; or
(b)	outside of the Perth Metropolitan Area, a doctor or general practitioner if he/she also works on an occasional basis from a local hospital or rural health service, or a hospice doctor.

"attach" has the same meaning as in the Obligation to Connect Regulations.
"Australian Consumer Law (WA)" means schedule 2 to the Competition and Consumer

Act 2010 (Cth) as modified by section 36 of the Fair Trading Act 2010 (WA). "Australian Standard" means a standard published by Standards Australia. "Authority" means the Economic Regulation Authority established under the Economic

Regulation Authority Act 2003.

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"basic living needs" includes—

(a) rent or mortgage;
(b) other utilities (e.g., gas, phone and water);
(c) food and groceries;
(d) transport (including petrol and car expenses);
(e) childcare and school fees;
() clothing; and

(g) medical and dental expenses.

"billing cycle" means the regular recurrent period in which a customer receives a bill from a

retailer.

"business customer" means a customer who is not a residential customer. "business day" means any day except a Saturday, Sunday or public holiday. "call centre" means a dedicated centre that has the purpose of receiving and transmitting

telephone calls in relation to customer service operations of the retailer or distributor, as

relevant, and consists of call centre staff and 1 or more information technology and communications systems designed to handle customer service calls and record call centre performance information.

"change in personal circumstances" includes—

(a) sudden and unexpected disability, illness of or injury to the residential customer or a

dependant of the residential customer;

(b) loss of or damage to property of the residential customer; or

(c) other similar unforeseeable circumstances arising as a result of events beyond the

control of the residential customer.

"Code" means the Code of Conduct for the Supply of Electricity to Small Use Customers 2018 as amended by the Authority under section 79 of the Act.
"collective customer" means a customer—

(a) who receives a single bill from the retailer for electricity supplied at two or more

supply addresses; or

(b) who is supplied electricity from the same retailer at multiple sites at a single supply

address.

"complaint" means an expression of dissatisfaction made to or about an organisation, related to its products, services, staff or the handling of a complaint, where a response or resolution is explicitly or implicitly expected or legally required.
"concession" means a concession, rebate, subsidy or grant related to the supply of electricity

available to residential customers only.

"connect" means to attach by way of a physical link to a network and to energise the link.

"consumption" means the amount of electricity supplied by the retailer to the customer's

supply address as recorded by the meter.

"contact" means contact that is face to face, by telephone or by post, facsimile or electronic

means.

"contestable customer" means a customer at an exit point where the amount of electricity
transferred at the exit point is more than the amount prescribed under the Electricity

Corporations (Prescribed Customers) Order 2007 made under the Electricity Corporations Act 2005 or under another enactment dealing with the progressive introduction of customer

contestability.

"contract" means a standard form contract or a non-standard contract.
"cooling-off period" means the period specified in the contract as the cooling-off period.

"credit retrieval" means the ability for a pre-payment meter customer to recover any

payments made for the supply of electricity.

"customer" means a customer who consumes not more than 160 MWh of electricity per annum.

"de-energise" means the removal of the supply voltage from the meter at the supply address

while leaving the supply address attached.

"direct debit facility" means a facility offered by a retailer to automatically deduct a payment from a customer's nominated account and entered into with a customer in accordance with clause 5.3.
"disconnect" means to de-energise the customer's supply address, other than in the event of

an interruption.

"disconnection warning" means a notice in writing issued in accordance with clause 7. 1(1)(c) or clause 7.4(1).

"distributor" means a person who holds a distribution licence or integrated regional licence under Part 2 of the Act.
"dual fuel contract" means a non-standard contract for the sale of electricity and for the sale

of gas by a retailer to a contestable customer.

"Electricity Industry Code" means the Electricity Industry (Network Quality and Reliability of Supply) Code 2005.

11 June 2018 GOVERNMENT GAZETTE, WA 1855

"electricity marketing agent" means—

(a) a person who acts on behalf of retailer—

(i) for the purpose of obtaining new customers for the licensee; or

(ii)  in dealings with existing customers in relation to contracts for the supply of electricity by the licensee;

(b) a person who engages in any other activity relating to the marketing of electricity that is prescribed for the purposes of this definition; or

(c) a representative, agent or employee of a person referred to in subclause (a) or (b), but does not include a person who is a customer representative or the Housing Authority.

"electricity ombudsman" means the ombudsman appointed under the scheme initially approved by the Minister or by the Authority for any amendments under section 92 of the

Act.

"Electricity Generation and Retail Corporation" means the body corporate established as

such by the Electricity Corporations Act 2005.

"electronic means" means the internet, email, facsimile, SMS or other similar means but does not include telephone.
"emergency" means an emergency due to the actual or imminent occurrence of an event which in any way endangers or threatens to endanger the safety or health of any person, or the maintenance of power system security, in Western Australia or which destroys or damages, or threatens to destroy or damage, any property in Western Australia.
"energise" has the same meaning as in the Obligation to Connect Regulations.
"energy data" has the same meaning as in the Metering Code.

"export" means the amount of electricity exported into the distributor's network as recorded by

the meter.

"financial hardship" means a state of more than immediate financial disadvantage which results in a residential customer being unable to pay an outstanding amount as required by a retailer without affecting the ability to meet the basic living needs of the residential

customer or a dependant of the residential customer.

"historical debt" means an amount outstanding for the supply of electricity by a retailer to a

customer's previous supply address or supply addresses.

"Housing Authority" means the body corporate in existence pursuant to section 6 of the

Housing Act 1980.

"instalment plan" means an arrangement between a retailer and a customer to assist the

customer to remain connected, reduce its arrears and minimise the risk of the customer

getting into further debt where the customer pays in arrears or in advance and continued usage on its account according to an agreed payment schedule (generally involving payment of at least 3 instalments) taking into account the customer's capacity to pay. It does not include customers using an instalment plan as a matter of convenience or for flexible budgeting purposes.

"interruption" means the temporary unavailability of supply from the distribution network to a

customer, but does not include disconnection under Part 7.

"interval meter" has the same meaning as in the Metering Code.

"life support equipment" means the equipment designated under the Life Support Equipment

Electricity Subsidy Scheme.

"marketing" includes engaging or attempting to engage in any of the following activities by any

means, including door to door or by telephone or other electronic means—
(a)	negotiations for, or dealings in respect of, a contract for the supply of electricity to a

customer; or

(b) advertising, promotion, market research or public relations in relation to the supply of electricity to customers.

"marketing identification number" means a unique number assigned by a retailer to each

electricity marketing agent acting on its behalf

"meter" has the same meaning as in the Metering Code.

"metering agent" means a person responsible for reading the meter on behalf of the

distributor.

"Metering Code" means the Electricity Industry (Metering) Code 2012.
"metrology procedure" has the same meaning as in the Metering Code.

"metropolitan area" means—

(a) the region described in Schedule 3 of the Planning and Development Act 2005;

(b) the local government district of Mandurah;

(c) the local government district of Murray; and

(d)	the townsites, as constituted under section 26 of the Land Administration Act 1997, of—
(i) Albany; (ii) Bunbury; (iii) Geraldton;

1856 GOVERNMENT GAZETTE, WA 11 June 2018

(iv) Kalgoorlie; (v) Karratha; (vi) Port Hedland; and

(vii)    South Hedland.

"National Interpreter Symbol" means the national public information symbol "Interpreter Symbol" (with text) developed by Victoria in partnership with the Commonwealth, State and Territory governments in accordance with Australian Standard 2342.

"non-contestable customer" means a customer other than a contestable customer.

"non-standard contract" means a contract entered into between a retailer and a customer, or

a class of customers, that is not a standard form contract.

"Obligation to Connect Regulations" means the Electricity Industry (Obligation to Connect) Regulations 2005 (WA).
"overcharging" means the amount by which the amount charged in a bill or under a bill smoothing arrangement is greater than the amount that would have been charged if the amount of the bill was determined in accordance with clause 4.6(1)(a) as a result of some defect, error or default for which the retailer or distributor is responsible or contributed to, but does not include an adjustment.
"payment difficulties" means a state of immediate financial disadvantage that results in a

residential customer being unable to pay an outstanding amount as required by a retailer

by reason of a change in personal circumstances.

"payment problems" includes, without limitation, payment problems relating to a historical

debt.

"premises" means premises owned or occupied by a new or existing customer.

"pre-payment meter" means a meter that requires a customer to pay for the supply of

electricity prior to consumption.

"pre-payment meter customer" means a customer who has a pre-payment meter operating

at the customer's supply address.

"pre-payment meter service" means a service for the supply of electricity where the customer

agrees to purchase electricity by means of a pre-payment meter.

"public holiday" means a public holiday in Western Australia.

"re-certification" means confirmation from an appropriately qualified medical

practitioner that a person residing at the customer's supply address continues to require

life support equipment.

"recharge facility" means a facility where a pre-payment meter customer can purchase credit

for the pre-payment meter.

"reconnect" means to re-energise the customer's supply address following disconnection.
"re-energise" means to restore the supply voltage to the meter at the supply address.
"regional area" means all areas in Western Australia other than the metropolitan area.

"Regional Power Corporation" means the body corporate established as such by the

Electricity Corporations Act 2005.

"relevant consumer representative" means a person who may reasonably be expected to represent the interests of residential customers who are experiencing payment

difficulties or financial hardship, and includes financial counsellors.

"reminder notice" means a notice in writing issued in accordance with clause 7. 1(1)(a).

"reporting year" means a year commencing on 1 July and ending on 30 June.

"residential customer" means a customer who consumes electricity solely for domestic use.

"residential pre-payment meter customer" means a customer who has a pre-payment

meter operating at the customer's supply address and who consumes electricity solely for

domestic use.

"resolved" means the decision or determination made by the retailer or distributor (as relevant) with respect to the complaint, where the retailer or distributor, having regard to the nature and particular circumstances of the complaint, has used all reasonable steps to ensure the best possible approach to addressing the complaint.

"retailer" means a person who holds a retail licence or integrated regional licence under Part 2

of the Act.

"standard form contract" means a contract that is approved by the Authority under section 51 of the Act or prescribed by the Minister under section 55 of the Act prior to its repeal.
"supply address" means the premises to which electricity was, is or may be supplied under a

contract.

"telephone" means a device which is used to transmit and receive voice frequency signals.

"temporary suspension of actions" means a situation where a retailer temporarily suspends

all disconnection and debt recovery procedures without entering into an alternative

payment arrangement under clause 6.4(1).

"time band" refers to a period of time within a time of use tariff to which a given tariff rate

applies.

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"time of use tariff" means a tariff structure in which some or all of the tariff varies according to the time at which electricity is supplied.

"TTY" means a teletypewriter.
"Type 7" has the same meaning as in the Metering Code.

"undercharging" includes, without limitation—

(a)	the failure to issue a bill in accordance with clause 4.1 or clause 4.2 or to issue a bill under a bill smoothing arrangement; or
(b)	the amount by which the amount charged in a bill or under a bill smoothing arrangement is less than the amount that would have been charged if the amount of the bill was determined in accordance with clause 4.6(1)(a) as a result of some defect, error or default for which the retailer or distributor is responsible or contributed to, but does not include an adjustment.

"unsolicited consumer agreement" is defined in section 69 of the Australian Consumer

Law (WA).

"verifiable consent" means consent that is given—

(a) expressly;

(b) in writing or orally;

(c)	after the retailer or electricity marketing agent (whichever is relevant) has in plain language appropriate to that customer disclosed all matters materially relevant to the giving of the consent, including each specific purpose for which the consent will be used; and
(d)	by the customer or a nominated person competent to give consent on the customer's behalf.

1.6 Application

Subject to clause 1. 10, the Code applies to—

(a) retailers;

(b) distributors; and

(c) electricity marketing agents,

in accordance with Part 6 of the Act.

1.7 Purpose

The Code regulates and controls the conduct of electricity marketing agents, retailers and distributors.

1.8 Objectives

The objectives of the Code are to—

(a) define standards of conduct in the supply and marketing of electricity to customers; and

(b) protect customers from undesirable marketing conduct.

1.9 Amendment and Review

The process for amendment and review of the Code is set out in Part 6 of the Act.

1.10 Variation from the Code

A retailer and a customer may agree that the following clauses (marked with an asterisk

throughout) do not apply, or are to be amended in their application, in a non-standard contract—

(a) 4.1; (b) 4.2; (c) 5.1; (d) 5.2; (e) 5.4; (f) 5.7; and

(g) 8.1.

PART 2—MARKETING

NOTE: This Code is not the only compliance obligation in relation to marketing. Other State and Federal laws

(Cth), the Spam Regulations 2004 (Cth), the Do Not Call Register Act 2006 (Cth), the Telecommunications (Do Not	apply to marketing activities, including but not limited to the Fair Trading Act 2010 (WA), the Spam Act 2003
Call Register) (Telemarketing and Research Calls) Industry Standard 2007 (Cth) and the Privacy Act 1988 (Cth).

Division 1-0bligations particular to retailers

2.1 Retailers to ensure electricity marketing agents comply with this Part

A retailer must ensure that its electricity marketing agents comply with this Part.

1858 GOVERNMENT GAZETTE, WA 11 June 2018

Division 2—Contracts and information to be provided to customers

2.2 Entering into a standard form contract

(1) When entering into a standard form contract that is not an unsolicited consumer

agreement, a retailer or electricity marketing agent must—

(a) record the date the standard form contract was entered into;

(b) give, or make available to the customer at no charge, a copy of the standard form

contract—

(i) at the time the standard form contract is entered into, if the standard form contract was not entered into over the telephone; or

(ii)  as soon as possible, but not more than 5 business days after the standard form

contract was entered into, if the standard form contract was entered into over the

telephone.

(2) Subject to subclause (3), a retailer or electricity marketing agent must give the following

information to a customer no later than on or with the customer's first bill—

(a) how the customer may obtain—

(i) a copy of the Code; and

(ii)  details on all relevant tariffs, fees, charges, alternative tariffs and service levels that may apply to the customer,

(b) the scope of the Code;

(c) that a retailer and electricity marketing agent must comply with the Code;

(d) how the retailer may assist if the customer is experiencing payment difficulties or

financial hardship;

(e) with respect to a residential customer, the concessions that may apply to the residential

customer;

(f) the distributor's 24 hour telephone number for faults and emergencies;

(g) with respect to a residential customer, how the residential customer may access the

retailer's—

(i) multi-lingual services (in languages reflective of the retailer's customer base); and

(ii)   Try services;

(Ii) how to make an enquiry of, or complaint to, the retailer; and

(i) general information on the safe use of electricity.

(3) For the purposes of subclause (2), a retailer or electricity marketing agent is taken to have

given the customer the required information if—

(a)	the retailer or electricity marketing agent has provided the information to that customer within the preceding 12 months; or
(b)	the retailer or electricity marketing agent has informed the customer how the customer

may obtain the information, unless the customer requests to receive the information.

2.3 Entering into a non-standard contract

(1) When entering into a non-standard contract that is not an unsolicited consumer agreement,

a retailer or electricity marketing agent must—

(a) obtain and make a record of the customer's verifiable consent that the non-standard contract has been entered into, and

(b) give, or make available to the customer at no charge, a copy of the non-standard

contract—

(i) at the time the non-standard contract is entered into, if the non-standard contract was not entered into over the telephone; or

(ii) as soon as possible, but not more than 5 business days after the non-standard contract was entered into, if the non-standard contract was entered into over the

telephone.

(2) Before entering into a non-standard contract, a retailer or electricity marketing agent must

give the customer the following information—

(a)	details of any right the customer may have to rescind the non-standard contract during a
cooling-off period and the charges that may apply if the customer rescinds the non-standard contract;

(b) how the customer may obtain—

(i) a copy of the Code; and

(ii)  details on all relevant tariffs, fees, charges, alternative tariffs and service levels that may apply to the customer,

(c) the scope of the Code;

(d) that a retailer and electricity marketing agent must comply with the Code;

(e) how the retailer may assist if the customer is experiencing payment difficulties or

financial hardship;

(f) with respect to a residential customer, the concessions that may apply to the residential

customer;

11 June 2018 GOVERNMENT GAZETTE, WA 1859

(g) the distributor's 24 hour telephone number for faults and emergencies;

(h) with respect to a residential customer, how the residential customer may access the

retailer's—

(i) multi-lingual services (in languages reflective of the retailer's customer base); and

(ii)   TTY services;

(i) how to make an enquiry of, or complaint to, the retailer; and

Ci) general information on the safe use of electricity.

(3) For the purposes of subclauses (2)(b)-(j), a retailer or electricity marketing agent is taken to

have given the customer the required information if—

(a)	the retailer or electricity marketing agent has provided the information to that customer within the preceding 12 months; or
(b)	the retailer or electricity marketing agent has informed the customer how the customer may obtain the information, unless the customer requests to receive the information.

(4) Before arranging a non-standard contract, the Electricity Generation and Retail

Corporation or Regional Power Corporation, or an electricity marketing agent acting on

behalf of it, must give a customer the following information—

(a) that the customer is able to choose the standard form contract offered by the relevant

retailer; and

b) the difference between the non-standard contract and the standard form contract.

(5) Subject to subclause (3), a retailer or electricity marketing agent must obtain the customer's verifiable consent that the information in clause 2.3(2) and clause 2.3(4) (if applicable) has been

given.

Division 3—Marketing Conduct

2.4 Standards of Conduct

(1) A retailer or electricity marketing agent must ensure that the inclusion of concessions is
made clear to residential customers and any prices that exclude concessions are disclosed.

(2) A retailer or electricity marketing agent must ensure that a customer is able to contact the retailer or electricity marketing agent on the retailer's or electricity marketing agent's contact details, including telephone number, during the normal business hours of the retailer or electricity marketing agent for the purposes of enquiries, verifications and complaints.

2.5 Contact for the purposes of marketing

(1) A retailer or electricity marketing agent who makes contact with a customer for the

purposes of marketing must, on request by the customer—

(a)	provide the customer with the complaints telephone number of the retailer on whose behalf the contact is being made;
(b)	provide the customer with the telephone number of the electricity ombudsman; and
(c)	for contact by an electricity marketing agent, provide the customer with the electricity

marketing agent's marketing identification number.

(2) A retailer or electricity marketing agent who meets with a customer face to face for the

purposes of marketing must—

(a) wear a clearly visible and legible identity card that shows—

(i) his or her first name;

(ii) his or her photograph;

(iii)  his or her marketing identification number (for contact by an electricity

marketing agent); and

(iv)   the name of the retailer on whose behalf the contact is being made; and

(b) provide the customer, in writing—

(i) his or her first name;

(ii)  his or her marketing identification number (for contact by an electricity

marketing agent);

(iii)   the name of the retailer on whose behalf the contact is being made;

(iv)  the complaints telephone number of the retailer on whose behalf the contact is being made;

(v)  the business address and Australian Business or Company Number of the retailer on whose behalf the contact is being made; and

(vi) the telephone number of the electricity ombudsman,

as soon as practicable following a request by the customer for the information.

2.6 No canvassing or advertising signs

A retailer or electricity marketing agent who visits a person's premises for the purposes of

marketing must comply with any clearly visible signs at the person's premises indicating—

(a) canvassing is not permitted at the premises; or

(b) no advertising or similar material is to be left at the premises or in a letterbox or other receptacle at, or associated with, the premises.

1860 GOVERNMENT GAZETTE, WA 11 June 2018

Division 4—Miscellaneous

2.7 Compliance
(1) An electricity marketing agent who contravenes a provision of this Part commits an offence.

Penalty—

(a) for an individual, $5 000;

(b) for a body corporate, $20 000.

(2) If an electricity marketing agent of a retailer contravenes a provision of this Part, the retailer
commits an offence.

Penalty—

(a) for an individual, $5 000;

(b) for a body corporate, $20 000.

(3) It is a defence to a prosecution for a contravention of subclause (2) if the retailer proves that the

retailer used reasonable endeavours to ensure that the electricity marketing agent complied with

the Code.

2.8 Presumption of authority

A person who carries out any marketing activity in the name of or for the benefit of—

(a) a retailer; or

(b) an electricity marketing agent,

is to be taken, unless the contrary is proved, to have been employed or authorised by the retailer or

electricity marketing agent to carry out that activity.

2.9 Electricity marketing agent complaints

An electricity marketing agent must—

(a) keep a record of each complaint made by a customer, or person contacted for the purposes of marketing, about the marketing carried out by or on behalf of the electricity

marketing agent; and

b)	on request by the electricity ombudsman in relation to a particular complaint, give to the
electricity ombudsman, within 28 days of receiving the request, all information that the electricity marketing agent has relating to the complaint.

2.10 Records to be kept

A record or other information that an electricity marketing agent is required by this Code to keep must be kept for at least 2 years—

(a) after the last time the person to whom the information relates was contacted by or on behalf

of the electricity marketing agent; or

(b) after receipt of the last contact from or on behalf of the electricity marketing agent, whichever is later.

PART 3—CONNECTION

3.1 Obligation to forward connection application

(1) If a retailer agrees to sell electricity to a customer or arrange for the connection of the customer's supply address, the retailer must forward the customer's request for connection to

the relevant distributor for the purpose of arranging for the connection of the customer's supply

address (if the customer's supply address is not already connected).

(2) Unless the customer agrees otherwise, a retailer must forward the customer's request for

connection to the relevant distributor—

(a)	that same day, if the request is received before 3pm on a business day; or
(b)	the next business day, if the request is received after 3pm or on a Saturday, Sunday or

public holiday.

(3) In this clause—

"customer" includes a customer's nominated representative.

[Note: The Obligation to Connect Regulations provide regulations in relation to the obligation upon a

distributor to energise and connect a premises.]

PART 4—BILLING

Division 1—Billing cycles

4.1 Billing cycle*

A retailer must issue a bill—

(a) no more than once a month, unless the retailer has—

(i) obtained a customer's verifiable consent to issue bills more frequently;

(ii) given the customer—

(A) a reminder notice in respect of 3 consecutive bills; and
(B) notice as contemplated under clause 4.2;

11 June 2018 GOVERNMENT GAZETTE, WA 1861

(iii)  received a request from the customer to change their supply address or issue a final bill, in which case the retailer may issue a bill more than once a month for the purposes of facilitating the request; or

(iv)  less than a month after the last bill was issued, received metering data from the

distributor for the purposes of preparing the customer's next bill;

(b) no less than once every 3 months, unless the retailer—

(i) has obtained the customer's verifiable consent to issue bills less frequently;

(ii)  has not received the required metering data from the distributor for the purposes of preparing the bill, despite using best endeavours to obtain the metering data from the

distributor; or

(m) is unable to comply with this timeframe due to the actions of the customer where the

customer is supplied under a deemed contract pursuant to regulation 37 of the Electricity Industry (Customer Contracts) Regulations 2005 and the bill is the first bill

issued to that customer at that supply address.

4.2 Shortened billing cycle*

(1) For the purposes of clause 4. 1(a)(ii), a retailer has given a customer notice if the retailer has

advised the customer, prior to placing the customer on a shortened billing cycle, that—

(a) receipt of a third reminder notice may result in the customer being placed on a shortened

billing cycle;

(b) if the customer is a residential customer, assistance is available for residential

customers experiencing payment difficulties or financial hardship;

(c)	the customer may obtain further information from the retailer on a specified telephone number; and
(d)	once on a shortened billing cycle, the customer must pay 3 consecutive bills by the due date to return to the customer's previous billing cycle.

(2) Notwithstanding clause 41(a)(ii), a retailer must not place a residential customer on a

shortened billing cycle without the customer's verifiable consent if—

(a)	the residential customer informs the retailer that the residential customer is
experiencing payment difficulties or financial hardship; and
(b)	the assessment carried out under clause 6.1 indicates to the retailer that the customer is
experiencing payment difficulties or financial hardship.

(3) If, after giving notice as required under clause 4. l(a)(ii), a retailer decides to shorten the billing

cycle in respect of a customer, the retailer must give the customer written notice of that decision

within 10 business days of making that decision.
(4) A shortened billing cycle must be at least 10 business days.
(5) A retailer must return a customer, who is subject to a shortened billing cycle and has paid
3 consecutive bills by the due date, on request, to the billing cycle that applied to the customer
before the shortened billing cycle commenced.
(6) A retailer must inform a customer, who is subject to a shortened billing cycle, at least once

every 3 months that, if the customer pays 3 consecutive bills by the due date of each bill, the

customer will be returned, on request, to the billing cycle that applied to the customer before the

shortened billing cycle commenced.

4.3 Bill smoothing

customer, a retailer may provide the customer with a bill which reflects a bill smoothing	(1) Notwithstanding clause 4.1, in respect of any 12 month period, on receipt of a request by a
arrangement. (2) If a retailer provides a customer with a bill under a bill smoothing arrangement pursuant to subclause (1), the retailer must ensure that—

(a) the amount payable under each bill is initially the same and is set out on the basis of—

(i)  the retailer's initial estimate of the amount of electricity the customer will consume over the 12 month period;

(ii)  the relevant supply charge for the consumption and any other charges related to the supply of electricity agreed with the customer;

(iii)  any adjustment from a previous bill smoothing arrangement (after being adjusted in accordance with clause 4.19); and

(iv) any other relevant information provided by the customer.

(b) the initial estimate is based on the customer's historical billing data or, if the retailer does not have that data, the likely average consumption at the relevant tariff calculated over the 12 month period as estimated by the retailer;

(c) in or before the seventh month—

(i) the retailer re-estimates the amount under subclause (2)(a)(i), taking into account any

meter readings and relevant seasonal and other factors agreed with the customer; and

unless otherwise agreed, if there is a difference between the initial estimate and the re-estimate of greater than 10%, the amount payable under each of the remaining bills in the 12 month period is to be reset to reflect that difference; and

1862 GOVERNMENT GAZETTE, WA 11 June 2018

(d) at the end of the 12 month period, or any other time agreed between the retailer and the

customer and at the end of the bill smoothing arrangement, the meter is read and any

adjustment is included on the next bill in accordance with clause 4.19; and

(e)	the retailer has obtained the customer's verifiable consent to the retailer billing on that basis; and
(f)	if the bill smoothing arrangement between the retailer and the customer is for a defined period or has a specified end date, the retailer must no less than one month before the end date of the bill smoothing arrangement notify the customer in writing—

(i) that the bill smoothing arrangement is due to end; and

(ii)   the options available to the customer after the bill smoothing arrangement has ended.

4.4 How bills are issued

A retailer must issue a bill to a customer at the address nominated by the customer, which may be

an email address.

Division 2—Contents of a Bill

4.5 Particulars on each bill

(1) Unless a customer agrees otherwise, a retailer must include at least the following information on

the customer's bill—

(a)	either the range of dates of the metering supply period or the date of the current meter reading or estimate;
(b)	if the customer has a Type 7 connection point, the calculation of the tariff in accordance with the procedures set out in clause 4.6(1)(c);
(c)	if the customer has an accumulation meter installed (whether or not the customer has entered into an export purchase agreement with a retailer)—

(i) the current meter reading or estimate; or

(ii)  if the customer is on a time of use tariff, the current meter reading or estimate for the total of each time band in the time of use tariff;

(d) if the customer has not entered into an export purchase agreement with a retailer—

(i) the customer's consumption, or estimated consumption; and

(ii)  if the customer is on a time of use tariff, the customer's consumption or estimated

consumption for the total of each time band in the time of use tariff;

(e) if the customer has entered into an export purchase agreement with a retailer—

(i) the customer's consumption and export;

(ii)  if the customer is on a time of use tariff, the customer's consumption and export for the total of each time band in the time of use tariff; and

(iii)  if the customer has an accumulation meter installed and the export meter reading has been obtained by the retailer, the export meter reading;

(f) the number of days covered by the bill;

(g) the dates on which the account period begins and ends, if different from the range of dates of the metering supply period or the range of dates of the metering supply period have not been included on the bill already;

(h) the applicable tariffs;

(i) the amount of any other fees or charges and details of the service provided;

Ci) with respect to a residential customer, a statement that the residential customer may be

eligible to receive concessions and how the residential customer may find out its eligibility
for those concessions;

(k)

if applicable, the value and type of any concessions provided to the residential customer that are administered by the retailer;

(1) if applicable, a statement on the bill that an additional fee may be imposed to cover the costs of late payment from the customer;

(m)	the average daily cost of consumption, including charges ancillary to the consumption of electricity, unless the customer is a collective customer;
(n)	the average daily consumption unless the customer is a collective customer;
(o)	a meter identification number (clearly placed on the part of the bill that is retained by the customer);

(p) the amount due;
(q) the due date;

(r) a summary of the payment methods;

(s) a statement advising the customer that assistance is available if the customer is experiencing problems paying the bill;

(t) a telephone number for billing and payment enquiries;

(u) a telephone number for complaints;

(v) the contact details for the electricity ombudsman;
(w) the distributor's 24 hour telephone number for faults and emergencies;

11 June 2018 GOVERNMENT GAZETTE, WA 1863

(x) the supply address and any relevant mailing address;
(y) the customer's name and account number;

(z) the amount of arrears or credit;

(as) if applicable and not included on a separate statement—

(i) payments made under an instalment plan; and
(ii) the total amount outstanding under the instalment plan;

(bb) with respect to residential customers, the telephone number for interpreter services together with the National Interpreter Symbol and the words "Interpreter Services";

(cc) the telephone number for TTY services; and

(dd) to the extent that the data is available, a graph or bar chart illustrating the customer's

amount due or consumption for the period covered by the bill, the previous bill and the bill

for the same period last year.

(2) Notwithstanding subclause (1)(dd), a retailer is not obliged to include a graph or bar chart on the

bill if the bill is—

(a) not indicative of a customer's actual consumption;

(b) not based upon a meter reading; or

(c) for a collective customer.

(3) If a retailer identifies a historical debt and wishes to bill a customer for that historical debt,

the retailer must advise the customer of—

(a) the amount of the historical debt; and

(b) the basis of the historical debt,

before, with, or on the customer's next bill.

Division 3—Basis of Bill

4.6 Basis of bill

Subject to clauses 4.3 and 4.8, a retailer must base a customer's bill on—

(a) the distributor's or metering agent's reading of the meter at the customer's supply

address;

(b) the customer's reading of the meter at the customer's supply address, provided the

distributor has expressly or impliedly consented to the customer reading the meter for the

purpose of determining the amount due; or

(c) if the connection point is a Type 7 connection point, the procedure as set out in the

metrology procedure or Metering Code, or otherwise as set out in any applicable law.

4.7 Frequency of meter readings

Other than in respect of a Type 7 connection point, a retailer must use its best endeavours to ensure that metering data is obtained as frequently as required to prepare its bills.

4.8 Estimations

(1) If a retailer is unable to reasonably base a bill on a reading of the meter at a customer's supply

address, the retailer must give the customer an estimated bill

(2) If a retailer bases a bill upon an estimation, the retailer must clearly specify on the customer's

bill that—

(a) the retailer has based the bill upon an estimation;

(b) the retailer will tell the customer on request—

(i) the basis of the estimation; and

(ii) the reason for the estimation; and

(c) the customer may request—

(i) a verification of energy data; and

(ii) a meter reading.

(3) A retailer must tell a customer on request the—

(a) basis for the estimation; and

(b) reason for the estimation.

(4) For the purpose of this clause, where the distributor's or metering agent's reading of the meter

at the customer's supply address is partly based on estimated data, then subject to any applicable

law—

(a) where more than ten per cent of the interval meter readings are estimated interval meter readings; and

(b) the actual energy data cannot otherwise be derived,

for that billing period, the bill is deemed to be an estimated bill.

4.9 Adjustments to subsequent bills

If a retailer gives a customer an estimated bill and the meter is subsequently read, the retailer must include an adjustment on the next bill to take account of the actual meter reading in accordance with clause 4.19.

1864 GOVERNMENT GAZETTE, WA 11 June 2018

4.10 Customer may request meter reading

If a retailer has based a bill upon an estimation because a customer failed to provide access to the

meter and the customer—

(a) subsequently requests the retailer to replace the estimated bill with a bill based on an actual

reading of the customer's meter;

(b) pays the retailer's reasonable charge for reading the meter (if any); and

(c) provides due access to the meter,

the retailer must use its best endeavours to do so.

Division 4—Meter testing

4.11 Customer requests testing of meters or metering data

(1) If a customer—

(a) requests the meter to be tested; and

(b) pays the retailer's reasonable charge for testing the meter (if any),

the retailer must request the distributor or metering agent to test the meter.

(2) If the meter is tested and found to be defective, the retailer's reasonable charge for testing the

meter (if any) is to be refunded to the customer.

Division 5—Alternative Tariffs

4.12 Customer applications

(1) If a retailer offers alternative tariffs and a customer—

(a) applies to receive an alternative tariff and

(b) demonstrates to the retailer that the customer satisfies all of the conditions relating to eligibility for the alternative tariff,

the retailer must change the customer to the alternative tariff within 10 business days of the

customer satisfying those conditions.

(2) For the purposes of subclause (1), the effective date of change will be—

(a)	the date on which the last meter reading at the previous tariff is obtained; or
(b)	the date the meter adjustment is completed, if the change requires an adjustment to the

meter at the customer's supply address.

4.13 Written notification of a change to an alternative tariff

If—

(a) a customer's electricity use at the customer's supply address changes or has changed; and (b) the customer is no longer eligible to continue to receive an existing, more beneficial tariff,

a retailer must, prior to changing the customer to the tariff applicable to the customer's use of

electricity at that supply address, give the customer written notice of the proposed change.

Division 6—Final bill

4.14 Request for final bill

(1) If a customer requests a retailer to issue a final bill at the customer's supply address, the

request.	retailer must use reasonable endeavours to arrange for that bill in accordance with the customer's
(2) If a customer's account is in credit at the time of account closure, subject to subclause (3), a
retailer must, at the time of the final bill, ask the customer for instructions whether the customer
requires the retailer to transfer the amount of credit to—
(a)	another account the customer has, or will have, with the retailer; or

(b) a bank account nominated by the customer, and

the retailer must credit the account, or pay the amount of credit in accordance with the customer's instructions, within 12 business days of receiving the instructions or other such time as agreed with

the customer.

(3) If a customer's account is in credit at the time of account closure, and the customer owes a debt

to a retailer, the retailer may, with written notice to the customer, use that credit to set off the debt owed to the retailer. If, after the set off, there remains an amount of credit, the retailer must

ask the customer for instructions to transfer the remaining amount of credit in accordance with

subclause (2).

Division 7—Review of bill

4.15 Review of bill

Subject to a customer—

(a) paying—

(i) that portion of the bill under review that the customer and a retailer agree is not in dispute; or

11 June 2018 GOVERNMENT GAZETTE, WA 1865

(ii) an amount equal to the average amount of the customer's bills over the previous 12 months (excluding the bill in dispute),

whichever is less; and

(b) paying any future bills that are properly due,

a retailer must review the customer's bill on request by the customer.

4.16 Procedures following a review of a bill

(1) If, after conducting a review of a bill, a retailer is satisfied that the bill is—

(a) correct, the retailer—

(i) may require a customer to pay the unpaid amount;

(ii)  must advise the customer that the customer may request the retailer to arrange a

meter test in accordance with applicable law; and

(m) must advise the customer of the existence and operation of the retailer's internal

complaints handling processes and details of any applicable external complaints

handling processes,

or

(b) incorrect, the retailer must adjust the bill in accordance with clauses 4.17 and 4.18.

(2) A retailer must inform a customer of the outcome of the review as soon as practicable.

(3) If a retailer has not informed a customer of the outcome of the review within 20 business days

from the date of receipt of the request for review under clause 4.15, the retailer must provide the

customer with notification of the status of the review as soon as practicable.

Division 8—Undercharging, overcharging and adjustment

4.17 Undercharging

(1) This clause 4.17 applies whether the undercharging became apparent through a review under
clause 4.15 or otherwise.

(2) If a retailer proposes to recover an amount undercharged as a result of an error, defect or

default for which the retailer or distributor is responsible (including where a meter has been found

to be defective), the retailer must—

(a)	subject to subclause (b), limit the amount to be recovered to no more than the amount
undercharged in the 12 months prior to the date on which the retailer notified the customer that undercharging had occurred;
(b)	other than in the event that the information provided by a customer is incorrect, if a

retailer has changed the customer to an alternative tariff in the circumstances set out in

clause 4.13 and, as a result of the customer being ineligible to receive the tariff charged prior to the change, the retailer has undercharged the customer, limit the amount to be recovered to no more than the amount undercharged in the 12 months prior to the date on which the retailer notified the customer under clause 4.13.

(c)	notify the customer of the amount to be recovered no later than the next bill, together with an explanation of that amount;
(d)	subject to subclause (3), not charge the customer interest on that amount or require the

customer to pay a late payment fee; and

(e) in relation to a residential customer, offer the customer time to pay that amount by means of an instalment plan in accordance with clause 6.4(2) and covering a period at least equal

to the period over which the recoverable undercharging occurred.

(3) If, after notifying a customer of the amount to be recovered in accordance with subclause (2)(c), the customer has failed to pay the amount to be recovered by the due date and has not entered into an instalment plan under subclause (2)(e), a retailer may charge the customer interest on that amount from the due date or require the customer to pay a late payment fee.

(4) For the purpose of subclause (2), an undercharge that has occurred as a result of a customer denying access to the meter is not an undercharge as a result of an error, defect or default for which a retailer or distributor is responsible.

4.18 Overcharging

(1) This clause 4.18 applies whether the overcharging became apparent through a review under
clause 4.15 or otherwise.

(2) If a customer (including a customer who has vacated the supply address) has been

overcharged as a result of an error, defect or default for which a retailer or distributor is

responsible (including where a meter has been found to be defective), the retailer must use its best endeavours to inform the customer accordingly within 10 business days of the retailer becoming

aware of the error, defect or default and, subject to subclauses (6) and (7), ask the customer for

instructions as to whether the amount should be—

(a) credited to the customer's account; or

(b) repaid to the customer.

(3) If a retailer receives instructions under subclause (2), the retailer must pay the amount in
accordance with the customer's instructions within 12 business days of receiving the instructions.

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(4) If a retailer does not receive instructions under subclause (2) within 5 business days of making the request, the retailer must use reasonable endeavours to credit the amount overcharged to the

customer's account.

(5) No interest shall accrue to a credit or refund referred to in subclause (2).
(6) If the amount referred to in subclause (2) is less than $100, a retailer may notify a customer of

the overcharge by no later than the next bill after the retailer became aware of the error, and—

(a) ask the customer for instructions under subclause (2) (in which case subclauses (3) and (4) apply as if the retailer sought instructions under subclause (2)); or

(b) credit the amount to the customer's next bill.

(7) If a customer has been overcharged by a retailer, and the customer owes a debt to the

retailer, then provided that the customer is not a residential customer experiencing payment difficulties or financial hardship, the retailer may, with written notice to the customer, use the

amount of the overcharge to set off the debt owed to the retailer. If, after the set off, there remains an amount of credit, the retailer must deal with that amount of credit in accordance with subclause (2) or, if the amount is less than $100, subclause (6).

(a) Not Used (b) Not Used

4.19 Adjustments

(1) If a retailer proposes to recover an amount of an adjustment which does not arise due to any act

or omission of a customer, the retailer must—

(a) limit the amount to be recovered to no more than the amount of the adjustment for the 12 months prior to the date on which the meter was read on the basis of the retailer's estimate of the amount of the adjustment for the 12 month period taking into account any

meter readings and relevant seasonal and other factors agreed with the customer;

(b) notify the customer of the amount of the adjustment no later than the next bill, together with an explanation of that amount;

(c) not require the customer to pay a late payment fee; and

(d) in relation to a residential customer, offer the customer time to pay that amount by means of an instalment plan in accordance with clause 6.4(2) and covering a period at least equal to the period to which the adjustment related.

(2) If the meter is read under either clause 4.6 or clause 4.3(2)(d) and the amount of the adjustment is an amount owing to the customer, the retailer must use its best endeavours to inform the

customer accordingly within 10 business days of the retailer becoming aware of the adjustment

and, subject to subclauses (5) and (7), ask the customer for instructions as to whether the amount

should be—

(a) credited to the customer's account;

(b) repaid to the customer; or

(c) included as a part of the new bill smoothing arrangement if the adjustment arises under clause 4.3(2)(a)-(b),

(3) If a retailer received instructions under subclause (2), the retailer must pay the amount in
accordance with the customer's instructions within 12 business days of receiving the instructions.
(4) If a retailer does not receive instructions under subclause (2) within 5 business days of making

the request, the retailer must use reasonable endeavours to credit the amount of the adjustment to

the customer's account.

(5) If the amount referred to in subclause (2) is less than $100, the retailer may notify the customer

of the adjustment by no later than the next bill after the meter is read; and

(a) ask the customer for instructions under subclause (2), (in which case subclauses (3) and (4) apply as if the retailer sought instructions under subclause (2)); or

(b) credit the amount to the customer's next bill.

(6) No interest shall accrue to an adjustment amount under subclause (1) or (2).
(7) If the amount of the adjustment is an amount owing to the customer, and the customer owes a

debt to the retailer, then provided that the customer is not a residential customer experiencing payment difficulties or financial hardship, the retailer may, with written notice to the

customer, use the amount of the adjustment to set off the debt owed to the retailer. If, after the set off, there remains an amount of credit, the retailer must deal with that amount of credit in accordance with subclause (2) or, if the amount is less than $100, subclause (5).

(a) Not Used (b) Not Used

PART 5—PAYMENT

5.1 Due dates for payment*

(1) The due date on a bill must be at least 12 business days from the date of that bill unless
otherwise agreed with a customer.
(2) Unless a retailer specifies a later date, the date of dispatch is the date of the bill.

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5.2 Minimum payment methods*

Unless otherwise agreed with a customer, a retailer must offer the customer at least the following payment methods—

(a) in person at 1 or more payment outlets located within the Local Government District of the

customer's supply address;

(b) by mail;
(c) for residential customers, by Centrepay;
(d) electronically by means of BPay or credit card; and
(e) by telephone by means of credit card or debit card.

direct debit facility commencing, obtain the customer's verifiable consent, and agree with the customer the date of commencement of the direct debit facility and the frequency of the direct debits.

5.3 Direct debit must, prior to the

5.4 Payment in advance*

(1) A retailer must accept payment in advance from a customer on request.

(2) Acceptance of an advance payment by a retailer will not require the retailer to credit any
interest to the amounts paid in advance.

(3) Subject to clause 6.9, for the purposes of subclause (1), $20 is the minimum amount for which a

retailer will accept advance payments unless otherwise agreed with a customer.

Absence or illness
5.5 illness or absence, a retailer must offer the residential customer on request redirection of the

residential customer's bill to a third person at no charge.

5.6 Late payments

(1) A retailer must not charge a residential customer a late payment fee if—

(a) the residential customer receives a concession, provided the residential customer did not receive 2 or more reminder notices within the previous 12 months; or

(b) the residential customer and the retailer have agreed to—

(i)

a payment extension under Part 6, and the residential customer pays the bill by the an instalment plan under Part 6, and the residential customer is making payments

in accordance with the instalment plan; or

(c) subject to subclause (2), the residential customer has made a complaint directly related to

the non-payment of the bill to the retailer or to the electricity ombudsman, and—

(i) the complaint has not been resolved by the retailer;

(ii)  the complaint is resolved by the retailer in favour of the residential customer. If the complaint is not resolved in favour of the residential customer, any late payment fee shall only be calculated from the date of the retailer's decision; or

(m)	the complaint has not been determined or has been upheld by the electricity
any late payment fee shall only be calculated from the date of the electricity ombudsman (if a complaint has been made to the electricity ombudsman). If the complaint is determined by the electricity ombudsman in favour of the retailer,

ombudsman's decision; or

(d) the residential customer is assessed by the retailer under clause 6.1(1) as being in

financial hardship.

(2) If a retailer has charged a late payment fee in the circumstances set out in subclause (1)(c) because the retailer was not aware of the complaint, the retailer will not contravene subclause (1)(c) but must refund the late payment fee on the customer's next bill.

(3) If a retailer has charged a residential customer a late payment fee, the retailer must not charge an additional late payment fee in relation to the same bill within 5 business days from the date of receipt of the previous late payment fee notice.

(4) A retailer must not charge a residential customer more than 2 late payment fees in relation to
the same bill or more than 12 late payment fees in a year.
(5) If a residential customer has been assessed as being in financial hardship under

clause 6.1(1), a retailer must retrospectively waive any late payment fee charged under the

residential customer's last bill prior to the assessment being made.

5.7 Vacating a supply address*

(1) Subject to—

(a) subclauses (2) and (4);

(b) a customer giving a retailer notice; and

(c) the customer vacating the supply address at the time specified in the notice,

1868 GOVERNMENT GAZETTE, WA 11 June 2018

the retailer must not require the customer to pay for electricity consumed at the customer's supply

address from—

(d) the date the customer vacated the supply address, if the customer gave at least 5 days' notice; or

(e) 5 days after the customer gave notice, in any other case,

unless the retailer and the customer have agreed to an alternative date.
(2) If a customer reasonably demonstrates to a retailer that the customer was evicted or otherwise

required to vacate the supply address, the retailer must not require the customer to pay for

electricity consumed at the customer's supply address from the date the customer gave the

retailer notice.

(3) For the purposes of subclauses (1) and (2), notice is given if a customer—

(a) informs a retailer of the date on which the customer intends to vacate, or has vacated the

supply address; and

(b) gives the retailer a forwarding address to which a final bill may be sent.

(4) Notwithstanding subclauses (1) and (2), if—

(a) a retailer and a customer enter into a new contract for the supply address, the retailer

must not require the previous customer to pay for electricity consumed at the customer's

supply address from the date that the new contract becomes effective;

(b) another retailer becomes responsible for the supply of electricity to the supply address, the previous retailer must not require the customer to pay for electricity consumed at the

customer's supply address from the date that the other retailer becomes responsible; and

(c)	the supply address is disconnected, the retailer must not require the customer to pay for
electricity consumed at the customer's supply address from the date that disconnection occurred.

(5) Notwithstanding subclauses (1), (2) and (4), a retailer's right to payment does not terminate with

regard to any amount that was due up until the termination of the contract.

5.8 Debt collection

(1) A retailer must not commence proceedings for recovery of a debt—

(a) from a residential customer who has informed the retailer in accordance with clause 6.1(1)

that the residential customer is experiencing payment difficulties or financial hardship, unless and until the retailer has complied with all the requirements of clause 6.1

and (if applicable) clause 6.3; and

(b) while a residential customer continues to make payments under an alternative payment arrangement under Part 6.

(2) A retailer must not recover or attempt to recover a debt relating to a supply address from a

person other than a customer with whom the retailer has or had entered into a contract for the

supply of electricity to that customer's supply address.

(3) If a customer with a debt owing to a retailer requests the retailer to transfer the debt to another customer, the retailer may transfer the debt to the other customer provided that the

retailer obtains the other customer's verifiable consent to the transfer.

PART 6—PAYMENT DIFFICULTIES AND FINANCIAL HARDSHIP

Division 1—Assessment of financial situation

6.1 Assessment

(1) If a residential customer informs a retailer that the residential customer is experiencing

payment problems, the retailer must, (subject to clause 6.2)—

(a) within 5 business days, assess whether the residential customer is experiencing payment

difficulties or financial hardship; and

(b) if the retailer cannot make the assessment within 5 business days, refer the residential

customer to a relevant consumer representative to make the assessment.

(2) If a residential customer provides a retailer with an assessment from a relevant consumer representative the retailer may adopt that assessment as its own assessment for the purposes of

subclause (1)(a).

(3) When undertaking the assessment required by subclause (1)(a), unless a retailer adopts an

assessment from a relevant consumer representative, the retailer must give reasonable

consideration to—

(a) information—

(i) given by the residential customer; and

(ii) requested or held by the retailer; or

(b) advice given by a relevant consumer representative (if any).

(4) A retailer must advise a residential customer on request of the details and outcome of an

assessment carried out under subclause (1).

6.2 Temporary suspension of actions

(1) If a retailer refers a residential customer to a relevant consumer representative under clause 6. 1(1)(b) then the retailer must grant the residential customer a temporary suspension of actions.

11 June 2018 GOVERNMENT GAZETTE, WA 1869

(2) If a residential customer informs a retailer that the residential customer is experiencing

payment problems under clause 6. 1, and the residential customer—

(a) requests a temporary suspension of actions; and

(b) demonstrates to the retailer that the residential customer has made an appointment with

a relevant consumer representative to assess the residential customer's capacity to pay, the retailer must not unreasonably deny the residential customer's request.

(3) A temporary suspension of actions must be for at least 15 business days.

(4) If a relevant consumer representative is unable to assess a residential customer's capacity to

pay within the period referred to in subclause (3) and the residential customer or relevant consumer representative requests additional time, a retailer must give reasonable consideration to the residential customer's or relevant consumer representative's request.

6.3 Assistance to be offered

(1) If the assessment carried out under clause 6.1 indicates to a retailer that a residential

customer is experiencing—

(a) payment difficulties, the retailer must—

(i)  offer the residential customer the alternative payment arrangements referred to in clause 6.4(1); and

(ii)  advise the residential customer that additional assistance may be available if, due to

financial hardship, the residential customer would be unable to meet its

obligations under an agreed alternative payment arrangement, or

(b) financial hardship, the retailer must offer the residential customer—

(i) the alternative payment arrangements referred to in clause 6.4(1); and

(ii) assistance in accordance with clauses 6.6 to 6.9.

(2) Subclause (1) does not apply if a retailer is unable to make an assessment under clause 6.1 as a

result of an act or omission by a residential customer.

Division 2—Residential customers experiencing payment difficulties or financial hardship

6.4 Alternative payment arrangements

(1) A retailer must offer a residential customer who is experiencing payment difficulties or

financial hardship at least the following payment arrangements—

(a) additional time to pay a bill; and

(b)	an interest-free and fee-free instalment plan or other arrangement under which the
residential customer is given additional time to pay a bill or to pay arrears (including any disconnection and reconnection charges) and is permitted to continue consumption.

In this clause "fee" means any fee or charge in connection with the establishment or operation of the instalment plan or other arrangement which would not otherwise be payable if the

residential customer had not entered into the instalment plan or other arrangement.

(2) When offering or amending an instalment plan, a retailer must—

(a)	ensure that the instalment plan is fair and reasonable taking into account information about a residential customer's capacity to pay and consumption history; and
(b) comply with subclause (3).

(3) If a residential customer accepts an instalment plan offered by a retailer, the retailer

must—

(a)	within 5 business days of the residential customer accepting the instalment plan
provide the residential customer with information in writing or by electronic means that specifies—

(i)  the terms of the instalment plan (including the number and amount of payments, the duration of payments and how the payments are calculated);

(ii) the consequences of not adhering to the instalment plan; and

(iii)  the importance of contacting the retailer for further assistance if the residential

customer cannot meet or continue to meet the instalment plan terms, and

(b) notify the residential customer in writing or by electronic means of any amendments to the instalment plan at least 5 business days before they come into effect (unless otherwise

agreed with the residential customer) and provide the residential customer with

information in writing or by electronic means that clearly explains and assists the

residential customer to understand those changes.

(4) If a residential customer has, in the previous 12 months, had 2 instalment plans cancelled due to non-payment, a retailer does not have to offer that residential customer another instalment

plan under subclause (1), unless the retailer is satisfied that the residential customer will comply

with the instalment plan.

(5) For the purposes of subclause (4), cancellation does not include the revision of an instalment

plan under clause 6.7.

1870 GOVERNMENT GAZETTE, WA 11 June 2018

Division 3—Assistance available to residential customers experiencing financial hardship

6.5 Definitions

In this division—

"customer experiencing financial hardship" means a residential customer who has been assessed by a retailer under clause 6.1(1) as experiencing financial hardship.

Subdivision 1—Specific assistance available

6.6 Reduction of fees, charges and debt

(1) A retailer must give reasonable consideration to a request by a customer experiencing

financial hardship, or a relevant consumer representative, for a reduction of the customer's

fees, charges or debt.
(2) In giving reasonable consideration under subclause (1), a retailer should refer to the hardship

procedures referred to in clause 6.10(3).

6.7 Revision of alternative payment arrangements
If a customer experiencing financial hardship, or a relevant consumer representative,

reasonably demonstrates to a retailer that the customer is unable to meet the customer's obligations under a payment arrangement under clause 6.4(1), the retailer must give reasonable consideration to—

(a)	offering the customer an instalment plan, if the customer had previously elected a payment extension; or
(b)	offering to revise the instalment plan, if the customer had previously elected an

instalment plan.

6.8 Provision of information

A retailer must advise a customer experiencing financial hardship of the—

(a) customer's right to have the bill redirected at no charge to a third person;

(b) payment methods available to the customer;

(c) concessions available to the customer and how to access them;

(d)	different types of meters available to the customer and for tariffs (as applicable);
(e)	independent financial counselling services and relevant consumer representatives available to assist the customer; and
(f)	availability of any other financial assistance and grants schemes that the retailer should reasonably be aware of and how to access them.

6.9 Payment in advance

(1) A retailer must determine the minimum payment in advance amount, as referred to in clause 5.4(3), for residential customers experiencing payment difficulties or financial hardship in consultation with relevant consumer representatives.

(2) A retailer may apply different minimum payment in advance amounts for residential

customers experiencing payment difficulties or financial hardship and other customers.

Subdivision 2—Hardship policy and hardship procedures

6.10 Obligation to develop hardship policy and hardship procedures

(1) A retailer must develop a hardship policy and hardship procedures to assist customers

experiencing financial hardship in meeting their financial obligations and responsibilities to the

8.1 Reconnection by retailer*

(1) If a retailer has arranged for disconnection of a customer's supply address due to—

(a) failure to pay a bill, and the customer has paid or agreed to accept an offer of an instalment

plan, or other payment arrangement;

(b) the customer denying access to the meter, and the customer has subsequently provided

access to the meter; or

(c) illegal use of electricity, and the customer has remedied that breach, and has paid, or made an arrangement to pay, for the electricity so obtained,

the retailer must arrange for reconnection of the customer's supply address, subject to—

(d) the customer making a request for reconnection; and

(e) the customer—

(i) paying the retailer's reasonable charge for reconnection, if any; or

(ii)  accepting an offer of an instalment plan for the retailer's reasonable charges for

reconnection, if any.

(2) For the purposes of subclause (1), a retailer must forward the request for reconnection to the

relevant distributor—

(a) that same business day, if the request is received before 3pm on a business day; or

(b) no later than 3pm on the next business day, if the request is received—

(i) after 3pm on a business day, or

(ii) on a Saturday, Sunday or public holiday.

(3) If a retailer does not forward the request for reconnection to the relevant distributor within

the timeframes in subclause (2), the retailer will not be in breach of this clause 8.1 if the retailer

causes the customer's supply address to be reconnected by the distributor within the timeframes in clause 8.2(2) as if the distributor had received the request for reconnection from the retailer in accordance with subclause (2).

8.2 Reconnection by distributor

(1) If a distributor has disconnected a customer's supply address on request by the customer's

retailer, and a retailer has subsequently requested the distributor to reconnect the customer's
supply address, the distributor must reconnect the customer's supply address.

1876 GOVERNMENT GAZETTE, WA 11 June 2018

(2) For the purposes of subclause (1), a distributor must reconnect a customer's supply address—

(a) for supply addresses located within the metropolitan area—

(i)  within 1 business day of receipt of the request, if the request is received prior to 3pm

on a business day; and

(ii)  within 2 business days of receipt of the request, if the request is received after 3pm on

a business day or on a Saturday, Sunday or public holiday;

(b) for supply addresses located within the regional area—

(i)  within 5 business days of receipt of the request, if the request is received prior to 3pm

on a business day; and

(ii)  within 6 business days of receipt of the request, if the request is received after 3pm on

a business day, or on a Saturday, Sunday or public holiday.

(3) Subclause (2) does not apply in the event of an emergency.

PART 9—PRE-PAYMENT METERS

9.1 Application

(1) Parts 4, 5, 6 (with the exception of clause 6.10), 7 and 8 and clauses 2.4 (other than as specified
below), 10.2 and 10.7 of the Code do not apply to a pre-payment meter customer.

(2) A distributor may only operate a pre-payment meter, and a retailer may only offer a pre-

payment meter service, in an area that has been declared by the Minister by notice published in the

Government Gazette.

9.2 Operation of pre-payment meter

(1) A retailer must not provide a pre-payment meter service at a residential customer's supply address without the verifiable consent of the residential customer or the residential customer's nominated representative.

(2) A retailer must establish an account for each pre-payment meter operating at a residential

customer's supply address.

(3) Not Used

(4) Subject to any applicable law, a retailer is not obliged to offer a pre-payment meter service to a

customer.

9.3 Provision of mandatory information

(1) A retailer must advise a residential customer who requests information on the use of a

pre-payment meter, at no charge and in clear, simple and concise language—

(a)	of all applicable tariffs, fees and charges payable by the residential customer and the basis for the calculation of those charges;
(b)	of the tariffs, fees and charges applicable to a pre-payment meter service relative to relevant tariffs, fees and charges which would apply to that residential customer if no

pre-payment meter was operating at the residential customer's supply address;

(c) of the retailer's charges, or its best estimate of those charges, to replace or switch a

pre-payment meter to a standard meter;

(d) how a pre-payment meter is operated;

(e)	how the residential customer may recharge the pre-payment meter (including details of cost, location and business hours of recharge facilities);
(f) of the emergency credit facilities applicable to a pre-payment meter; and
(g) of credit retrieval.

(2) No later than 10 business days after the time a residential customer enters into a

pre-payment meter contract at the residential customer's supply address, a retailer must give,

or make available to the residential customer at no charge—

(a) the information specified within subclause (1);

(b) a copy of the contract;

(c) information on the availability and scope of the Code and the requirement that distributors,

retailers and electricity marketing agents comply with the Code;

(d) Not Used
(e) a meter identification number;
(f) a telephone number for enquiries;

(g) a telephone number for complaints;

(h) the distributor's 24 hour telephone number for faults and emergencies;

(i) confirmation of the supply address and any relevant mailing address;

(j) details of any concessions the residential customer may be eligible to receive;

(k) the amount of any concessions to be given to the residential customer;

(1) information on the availability of multi-lingual services (in languages reflective of the

retailer's customer base);

(m)	information on the availability of TTY services;
11 June 2018 GOVERNMENT GAZETTE, WA 1877

(n)	advice on how the retailer may assist in the event the residential customer is experiencing
payment difficulties or financial hardship;

(o) advice on how to make a complaint to, or enquiry of, the retailer;

(p) details on external complaints handling processes including the contact details for the

electricity ombudsman;

(q) general information on the safe use of electricity;

(r) details of the initial recharge facilities available to the residential customer; and

(s)	the date of the expiry of the residential pre-payment meter customer's right to revert to a standard meter at no charge and the options available to the residential pre-payment
meter customer if the residential pre-payment meter customer replaces or switches the pre-payment meter to a standard meter.

(3) A retailer must ensure that the following information is shown on or directly adjacent to a

residential customer's pre-payment meter—

(a) the positive or negative financial balance of the pre-payment meter within 1 dollar of the actual balance;

(b) whether the pre-payment meter is operating on normal credit or emergency credit;

(c) a telephone number for enquiries; and

(d) the distributor's 24 hour telephone number for faults and emergencies.

(4) A retailer must give a pre-payment meter customer on request, at no charge, the following

information—

(a) total energy consumption;
(b) average daily consumption; and

(c) average daily cost of consumption,

for the previous 2 years or since the commencement of the pre-payment meter contract (whichever
is the shorter), divided in quarterly segments.

(5) A retailer must, within 10 business days of the change, use reasonable endeavours to notify a

pre-payment meter customer in writing or by electronic means if the recharge facilities

available to the residential customer change from the initial recharge facilities referred to in
subclause (2)(r).
(6) The information to be provided in this clause, with the exception of the information in

subclause (3), may be provided in writing to a pre-payment meter customer at the pre-payment

meter customer's supply address, another address nominated by the pre-payment meter

customer or an email address nominated by the pre-payment meter customer.

9.4 Reversion

(1) If a pre-payment meter customer notifies a retailer that it wants to replace or switch the

pre-payment meter to a standard meter, the retailer must within 1 business day of the request—

(a) send the information referred to in clauses 2.3 and 2.4 to the pre-payment meter customer in writing or by electronic means; and

(b) arrange with the relevant distributor to—

(i) remove or render non-operational the pre-payment meter; and (ii) replace or switch the pre-payment meter to a standard meter.

(2) A retailer must not require payment of a charge for reversion to a standard meter if a

pre-payment meter customer is a residential customer and that customer, or its nominated	representative, requests reversion of a pre-payment meter under subclause (1) within 3 months of	the later of the installation of the pre-payment meter or the date that the customer agrees to enter
into a pre-payment meter contract.
(3) If a pre-payment meter customer requests reversion of a pre-payment meter under
subclause (1) after the date calculated in accordance with subclause (2), a retailer may charge the
pre-payment meter customer a reasonable charge for reversion to a standard meter. However, the retailer's obligations under subclause (1)—

(a)	if the pre-payment meter customer is a residential pre-payment meter customer, are not conditional on the pre-payment meter customer paying the retailer's reasonable charge for reversion to a standard meter (if any); and
(b)	if the pre-payment meter customer is not a residential pre-payment meter customer, may be made conditional on the pre-payment meter customer paying the retailer's reasonable charge for reversion to a standard meter (if any).

(4) If a retailer requests a distributor to revert a pre-payment meter under subclause (1), the

distributor must revert the pre-payment meter at that supply address—

(a) for supply addresses located within the metropolitan area, within 5 business days of

receipt of the request; or

(b) for supply addresses located within the regional area, within 10 business days of receipt of the request.

9.5 Life support equipment

(1) If a pre-payment meter customer provides a retailer with confirmation from an appropriately qualified medical practitioner that a person residing at the pre-payment meter customer's

1878 GOVERNMENT GAZETTE, WA 11 June 2018

supply address requires life support equipment, the retailer must not provide a pre-payment

meter service at that supply address and the retailer must, or must immediately arrange to—

(a) remove or render non-operational the pre-payment meter at no charge;

(b) replace or switch the pre-payment meter to a standard meter at no charge; and

(c) provide information to the pre-payment meter customer about the contract options available to the pre-payment meter customer.

(2) If a retailer requests a distributor to revert a pre-payment meter under subclause (1), the

distributor must revert the pre-payment meter at that supply address as soon as possible and in

any event no later than—

(a) for supply addresses located within the metropolitan area—

(i)  within 1 business day of receipt of the request, if the request is received prior to 3pm

on a business day; and

(ii)  within 2 business days of receipt of the request, if the request is received after 3pm on a business day or on a Saturday, Sunday or public holiday;

(b) for supply addresses located within the regional area—

(i)  within 9 business days of receipt of the request, if the request is received prior to 3pm

on a business day; and

(ii)  within 10 business days of receipt of the request, if the request is received after 3pm on a business day, or on a Saturday, Sunday or public holiday.

9.6 Requirements for pre-payment meters

(a)	A retailer must ensure that a pre-payment meter customer has access to emergency credit
of $20 outside normal business hours. Once the emergency credit is used, and no additional credit has been applied, the pre-payment meter service will be de-energised.

(b) A retailer must ensure that a pre-payment meter service—

(i) is capable of informing the retailer of—

(A) the number of instances where a pre-payment meter customer has been

disconnected; and

(B) the duration of each of those disconnections referred to in subclause (b)(i)(A),

at least every month, and
is capable of recommencing supply and supply is recommenced as soon as information
is communicated to the pre-payment meter that a payment to the account has been

made.

9.7 Recharge Facilities

Unless otherwise agreed with the customer, a retailer must ensure that—

(a)	at least 1 recharge facility is located as close as practicable to a pre-payment meter, and in any case no further than 40 kilometres away;
(b)	a pre-payment meter customer can access a recharge facility at least 3 hours per day,

5 days per week;

(c) it uses best endeavours to ensure that the pre-payment meter customer can access a

recharge facility for periods greater than required under subclause (b); and

(d)	the minimum amount to be credited by a recharge facility does not exceed $20 per increment.
9.8 Concessions

If a pre-payment meter customer demonstrates to a retailer that the pre-payment meter customer is entitled to receive a concession, the retailer must ensure that the pre-payment meter customer receives the benefit of the concession.

9.9 Meter check or test

(1) If a pre-payment meter customer requests that the whole or part of a pre-payment meter be

checked or tested, a retailer must, at the request of the pre-payment meter customer, make
immediate arrangements to—

(a) check the pre-payment meter customer's metering data; (b) check or conduct a test of the pre-payment meter; and/or

(c) arrange for a check or test by the responsible person for the meter installation at the

pre-payment meter customer's connection point.

(2) If a retailer requests a distributor to check or test a pre-payment meter under subclause (1),

the distributor must check or test the pre-payment meter.

(3) A pre-payment meter customer who requests a check or test of a pre-payment meter under subclause (1) must pay a retailer's reasonable charge for checking or testing the pre-payment

meter (if any).
(4) If a pre-payment meter is found to be inaccurate or not operating correctly following a check or

test undertaken in accordance with subclause (1), a retailer must—

(a) immediately arrange for the repair or replacement of the faulty pre-payment meter;

(b) correct any overcharging or undercharging in accordance with clause 9.11; and

11 June 2018 GOVERNMENT GAZETTE, WA 1879

(c) refund any charges paid by the pre-payment meter customer under this clause for the testing of the pre-payment meter.

9.10 Credit retrieval, overcharging and undercharging

(1) Subject to a pre-payment meter customer notifying a retailer of the proposed vacation date, the

retailer must ensure that the pre-payment meter customer can retrieve all remaining credit at the

time the pre-payment meter customer vacates the supply address.
(2) If a pre-payment meter customer (including a pre-payment meter customer who has vacated

the supply address) has been overcharged as a result of an act or omission of a retailer or

distributor (including if a pre-payment meter has been found to be defective), the retailer must

use its best endeavours to inform the pre-payment meter customer accordingly within 10 business

days of the retailer becoming aware of the error, and ask the pre-payment meter customer for

instructions as to whether the amount should be—

(a) credited to the pre-payment meter customer's account; or

(b) repaid to the pre-payment meter customer.

(3) If a retailer receives instructions under subclause (2), the retailer must pay the amount in

accordance with the pre-payment meter customer's instructions within 12 business days of

receiving the instructions.
(4) If a retailer does not receive instructions under subclause (2) within 20 business days of making

the request, the retailer must use reasonable endeavours to credit the amount overcharged to the

pre-payment meter customer's account.

(5) No interest shall accrue to a credit or refund referred to in subclause (2).

(6) If a retailer proposes to recover an amount undercharged as a result of an act or omission by

the retailer or distributor (including if a pre-payment meter has been found to be defective), the

retailer must—

(a) limit the amount to be recovered to no more than the amount undercharged in the 12 months prior to the date on which the retailer notified the pre-payment meter

customer that undercharging had occurred;

(b)	list the amount to be recovered as a separate item in a special bill or in the next bill (if applicable), together with an explanation of that amount;
(c)	not charge the pre-payment meter customer interest on that amount or require the

pre-payment meter customer to pay a late payment fee; and

(d) offer the pre-payment meter customer time to pay that amount by means of an instalment

plan in accordance with clause 6.4(2) (as if clause 6.4(2) applied to the retailer) and covering

a period at least equal to the period over which the recoverable undercharging occurred.

(7) If the amount referred to in subclause (2) is less than $100, the retailer may—

(a)	ask the pre-payment meter customer for instructions under subclause (2) (in which case subclauses (3) and (4) apply as if the retailer sought instructions under subclause (2)); or
(b)	credit the amount to the pre-payment meter customer's account (in which case subclause (3) applies as if the pre-payment meter customer instructed the retailer to credit the pre-payment meter customer's account).

9.11 Payment difficulties or financial hardship

(1) A retailer must give reasonable consideration to a request by—

(a) a residential pre-payment meter customer who informs the retailer that the pre-

for a waiver of any fee payable by the pre-payment meter customer to replace or switch a (b) a relevant consumer representative, payment meter customer is experiencing payment difficulties or financial hardship; or

pre-payment meter to a standard meter.

(2) Notwithstanding its obligations under clause 6. 10, a retailer must ensure that—

(a) if a residential pre-payment meter customer informs the retailer that the pre-payment

meter customer is experiencing payment difficulties or financial hardship; or

(b) the retailer identifies that a residential pre-payment meter customer has been

disconnected 2 or more times in any 1-month period for longer than 120 minutes on each

occasion,

subject to subclause (3), the retailer must use best endeavours to contact the pre-payment meter

customer as soon as is reasonably practicable to provide—

(c) Not Used

(d) information about the different types of meters available to the pre-payment meter

customer;

e) information about and referral to relevant financial assistance programmes, and/or
(f) referral to relevant consumer representatives; and/or
(g) information on independent financial and other relevant counselling services.

(3) Where the retailer has identified the residential pre-payment meter customer pursuant to subclause (2)(b), the retailer is not required to contact the residential customer and provide the information set out in subclauses (2)(c)-(g) if the retailer has provided the residential pre-payment

meter customer with that information in the preceding 12 months.

1880 GOVERNMENT GAZETTE, WA 11 June 2018

(4) The information to be provided in subclause (2) may be provided in writing to a pre-payment

meter customer at the pre-payment meter customer's supply address, another address

nominated by the pre-payment meter customer or an email address nominated by the

pre-payment meter customer.

9.12 Existing pre-payment meters

A pre-payment meter installed prior to the amendment date will be deemed to comply with the

requirements of this Part 9.

PART 10—INFORMATION AND COMMUNICATION

Division 1—Obligations particular to retailers

10.1 Tariff information

(1) A retailer must give notice to each of its customers affected by a variation in its tariffs, fees and
charges, no later than the next bill in a customer's billing cycle.
(2) A retailer must give or make available to a customer on request, at no charge, reasonable
information on the retailer's tariffs, fees and charges, including any alternative tariffs that may be
available to that customer.
(3) A retailer must give or make available to a customer the information referred to under

subclause (2) within 8 business days of the date of receipt. If requested by the customer, the

retailer must give the information in writing.

10.2 Historical billing data

(1) A retailer must give a non-contestable customer on request the non-contestable customer's

billing data.

(2) If a non-contestable customer requests billing data under subclause (1)—

(a) for a period less than the previous 2 years and no more than once a year; or

(b) in relation to a dispute with a retailer,

the retailer must give the billing data at no charge.
(3) A retailer must give a non-contestable customer the billing data requested under subclause (1)

within 10 business days of the date of receipt of—

(a) the request; or

(b) payment for the retailer's reasonable charge for providing the billing data if requested by

the retailer).

(4) A retailer must keep a non-contestable customer's billing data for 7 years.

10.3 Concessions

A retailer must give a residential customer on request at no charge—

(a)	information on the types of concessions available to the residential customer; and
(b)	the name and contact details of the organisation responsible for administering those

concessions (if the retailer is not responsible).

10.3A Service Standard Payments

A retailer must give a customer at least once a year written details of the retailer's and

distributor's obligations to make payments to the customer under Part 14 of this Code and under

any other legislation (including subsidiary legislation) in Western Australia including the amount of

the payment and the eligibility criteria for the payment.

10.4 Energy Efficiency Advice

A retailer must give, or make available to a customer on request, at no charge, general information on—

(a) cost effective and efficient ways to utilise electricity (including referring the customer to a relevant information source); and

(b) the typical running costs of major domestic appliances.

10.5 Distribution matters

If a customer asks a retailer for information relating to the distribution of electricity, the retailer must—

(a) give the information to the customer; or

(b) refer the customer to the relevant distributor for a response.

Division 2—Obligations particular to distributors

10.6 General information

A distributor must give a customer on request, at no charge, the following information—

(a)	information on the distributor's requirements in relation to the customer's proposed new electrical installation, or changes to the customer's existing electrical installation, including advice about supply extensions;
(b)	an explanation for any unplanned or approved change in the quality of supply of electricity outside of the limits prescribed by law;
11 June 2018 GOVERNMENT GAZETTE, WA 1881

an explanation for any unplanned interruption of supply to the customer's supply

address;

advice on facilities required to protect the distributor's equipment;
advice on how to obtain information on protecting the customer's equipment;
advice on the customer's electricity usage so that it does not interfere with the operation of a
distribution system or with supply to any other electrical installation;
general information on safe use of electricity;
general information on quality of supply; and

general information on reliability of supply.

10.7 Historical consumption data

(1) A distributor must give a customer on request the customer's consumption data.

(2) If a customer requests consumption data under subclause (1)—

(a) for a period less than the previous 2 years, provided the customer has not been given

consumption data pursuant to a request under subclause (1) more than twice within the

12 months immediately preceding the request; or

(b) in relation to a dispute with a distributor,

the distributor must give the consumption data at no charge.
(3) A distributor must give a customer the consumption data requested under subclause (1) within

10 business days of the date of receipt of—

(a) the request; or

(b) if payment is required (and is requested by the distributor within 2 business days of the request) payment for the distributor's reasonable charge for providing the data.

(4) A distributor must keep a customer's consumption data for 7 years.

10.8 Distribution standards

(1) A distributor must tell a customer on request how the customer can obtain information on

distribution standards and metering arrangements—

(a) prescribed under the Act or the Electricity Act 1945; or

(b) adopted by the distributor,

that are relevant to the customer.

(2) A distributor must publish on its website the information specified in subclause (1).

Division 3—Obligations particular to retailers and distributors

10.9 Written information must be easy to understand

To the extent practicable, a retailer and distributor must ensure that any written information that

must be given to a customer by the retailer or distributor or its electricity marketing agent

under the Code is expressed in clear, simple and concise language and is in a format that makes it

easy to understand.

10.10 Code of Conduct

copy of the Code. (1) A retailer and a distributor must tell a customer on request how the customer can obtain a	(2) A retailer and a distributor must make electronic copies of the Code available, at no charge, on
the retailer's or distributor's website.
(3) Not Used
10.11 Special Information Needs
(1) A retailer and a distributor must make available to a residential customer on request, at no charge, services that assist the residential customer in interpreting information provided by the retailer or distributor to the residential customer (including independent multi-lingual and Try services, and large print copies).
(2) A retailer and, if appropriate, a distributor must include in relation to residential
customers—

(a) the telephone number for its TTY services;

(b) the telephone number for independent multi-lingual services; and

(c) the telephone number for interpreter services together with the National Interpreter Symbol and the words "Interpreter Services",

on the—

(d) bill and bill related information (including, for example, the notice referred to in clause 4.2(3) and statements relating to an instalment plan);

(e) reminder notice; and

(f) disconnection warning.

1882	GOVERNMENT GAZETTE, WA	11 June 2018
10.12 Metering

(1) A distributor must advise a customer on request, at no charge, of the availability of different

types of meters and their—

(a) suitability to the customer's supply address;
(b) purpose;
(c) costs; and

(d) installation, operation and maintenance procedures.

(2) If a customer asks a retailer for information relating to the availability of different types of

meters, the retailer must—

(a) give the information to the customer; or

(b) refer the customer to the relevant distributor for a response.

PART 11—NOT USED

PART 12—COMPLAINTS AND DISPUTE RESOLUTION

12.1 Obligation to establish complaints handling process

(1) A retailer and distributor must develop, maintain and implement an internal process for

handling complaints and resolving disputes.

(2) The complaints handling process under subclause (1) must— (a) comply with Australian Standard ASINZS 10002:2014; (b) address at least—

(i) how complaints must be lodged by customers;

(ii) how complaints will be handled by a retailer or distributor, including—

(A) a right of a customer to have its complaint considered by a senior employee

within each organisation of the retailer or distributor if the customer is not

satisfied with the manner in which the complaint is being handled;

(B) the information that will be provided to a customer;

(iii) response times for complaints; and

(iv) method of response;

(c) detail how a retailer will handle complaints about the retailer, electricity marketing

agents or marketing; and

(d) be available at no cost to customers.

(3) For the purposes of subclause (2)(b)(ii)(B), a retailer or distributor must at least—

(a) when responding to a complaint, advise the customer that the customer has the right to

have the complaint considered by a senior employee within the retailer or distributor (in

accordance with its complaints handling process); and

(b) when a complaint has not been resolved internally in a manner acceptable to a customer, advise the customer—

(i) of the reasons for the outcome (on request, the retailer or distributor must supply such reasons in writing); and

ombudsman or another relevant external dispute resolution body and provide the that the customer has the right to raise the complaint with the electricity Freecall telephone number of the electricity ombudsman.

(4) For the purpose of subclause (2)(b)(m), a retailer or distributor must, on receipt of a written

complaint by a customer—

(a) acknowledge the complaint within 10 business days; and

(b) respond to the complaint by addressing the matters in the complaint within 20 business

days.

12.2 Obligation to comply with a guideline that distinguishes customer queries from customer queries from complaints.

complaints

12.3 Information provision

A retailer, distributor and electricity marketing agent must give a customer on request, at no

charge, information that will assist the customer in utilising the respective complaints handling

processes.

12.4 Obligation to refer complaint

When a retailer, distributor or electricity marketing agent receives a complaint that does not relate to its functions, it must advise the customer of the entity that the retailer, distributor or electricity marketing agent reasonably considers to be the appropriate entity to deal with the complaint (if known).

11 June 2018 GOVERNMENT GAZETTE, WA 1883

PART 13—REPORTING

13.1 Preparation of an annual report

A retailer and a distributor must prepare a report in respect of each reporting year setting out the information specified by the Authority.

13.2 Provision of annual report Authority and form, specified by the Authority.

to the

13.3 Publication of reports
(1) A report referred to in clause 13.1 must be published by the date specified by the Authority.

(2) A report is published for the purposes of subclause (1) if—

(a) copies of it are available to the public, without cost, at places where the retailer or

distributor transacts business with the public; and

(b) a copy of it is posted on an internet website maintained by the retailer or distributor.

PART 14—SERVICE STANDARD PAYMENTS

Division 1-0bligations particular to retailers

14.1 Facilitating customer reconnections

(1) Subject to clause 14.6, if a retailer is required to arrange a reconnection of a customer's supply

address under Part 8—

(a)	but the retailer has not complied with the time frames prescribed in clause 8.1(2) and has not otherwise caused the customer's supply address to be reconnected as contemplated by clause 8.1(3); or
(b)	the retailer has complied with the time frames prescribed in clause 8.1(2), but a distributor has not complied with the time frames prescribed in clause 8.2(2),

the retailer must pay to the customer $60 for each day that it is late, up to a maximum of $300.
(2) Subject to clause 14.6, if a retailer is liable to and makes a payment under subclause (1) due to an

act or omission of a distributor, the distributor must compensate the retailer for the payment.

14.2 Wrongful disconnections

(1) Subject to clause 14.6, if a retailer—

(a)	fails to comply with any of the procedures prescribed under Part 6 (if applicable and other than clauses 6.8, 6.9 or 6.10) or Part 7 (other than clauses 7.4, 7.5, 7.6, 7.7(1)(a), 7.7(1)(b), or 7.7(2)(e) of the Code prior to arranging for disconnection or disconnecting a customer for failure to pay a bill; or
(b)	arranges for disconnection or disconnects a customer in contravention of clauses 7.2, 7.3, 7.6 or 7.7 for failure to pay a bill,

the retailer must pay to the customer $100 for each day that the customer was wrongfully

disconnected.

(2) Subject to clause 14.6, if a retailer is liable to and makes a payment under subclause (1) due to an

act or omission of a distributor, the distributor must compensate the retailer for the payment.

14.3 Customer service

(1) Subject to clause 14.6, if a retailer fails to acknowledge or respond to a complaint within the
time frames prescribed in clause 12.1(4), the retailer must pay to the customer $20.

(2) A retailer will only be liable to make 1 payment of $20, under subclause (1), for each written

complaint.

Division 2—Obligations particular to distributors

14.4 Customer service

(1) Subject to clause 14.6, if a distributor fails to acknowledge or respond to a complaint within the
time frames prescribed in clause 12.1(4), the distributor must pay to the customer $20.

(2) A distributor will only be liable to make 1 payment of $20, under subclause (1), for each written

complaint.

14.5 Wrongful disconnections

Subject to clause 14.6, if a distributor disconnects a customer's supply address other than as authorised by—

(a) this Code or otherwise by law; or

(b) a retailer,

then the distributor must pay to the customer $100 for each day that the customer was wrongfully
disconnected.

1884 GOVERNMENT GAZETTE, WA 11 June 2018

Division .9—Payment

14.6 Exceptions
(1) A retailer or distributor is not required to make a payment under clauses 14.1 to 14.5 if events
or conditions outside the control of the retailer or distributor caused the retailer or distributor to
be liable to make the payment.
(2) Except in the case of a payment under clauses 14.2 and 14.5, which are required to be made
without application by a customer as soon as reasonably practical, a retailer or distributor is not
required to make a payment under clauses 14.1 to 14.5 if the customer fails to apply to the retailer

or distributor for the payment within 3 months of the non-compliance by the retailer or

distributor.

(3) Under clauses 14.3 and 14.4, a retailer or distributor is not required to make more than 1 payment to each affected supply address per event of non-compliance with the performance standards.
(4) For the purposes of subclause (3), each supply address where a customer receives a bill from a

retailer is a separate supply address.

14.7 Method of payment

(1) A retailer who is required to make a payment under clauses 14.1, 14.2 or 14.3 must do so—

(a) by deducting the amount of the payment from the amount due under the customer's next bill;

(b) by paying the amount directly to the customer; or

(c) as otherwise agreed between the retailer and the customer.

(2) A distributor who is required to make a payment under clauses 14.4 or 14.5 must do so—

(a) by paying the amount to the customer's retailer who will pass the amount on to the

customer in accordance with subclause (1);

(b) by paying the amount directly to the customer; or

(c) as otherwise agreed between the distributor and the customer.

(3) For the avoidance of doubt, a payment made under this part does not affect any rights of a

customer to claim damages or any other remedy.

14.8 Recovery of payment
(1) If a retailer or distributor who is required to make a payment to a customer under this Part
fails to comply with clause 14.7 within 30 days of the date of demand for payment by the customer,
or in the case of a payment required to be made under clause 14.2(1) or 14.5, within 30 days of the
date of the wrongful disconnection, then the customer may recover the payment in a court of

competent jurisdiction as a debt due from the retailer or distributor (as the case may be) to the

customer.

(2) If a retailer is entitled under clause 14.1(2) or 14.2(2) to compensation from a distributor, and the distributor fails to pay the compensation to the retailer within 30 days of the date of demand for compensation payment by the retailer, then the retailer may recover the compensation payment in a court of competent jurisdiction as a debt due from the distributor to the retailer.