Mitchell v Icon Distribution Investments Ltd (ABN 83073025224) and Jemena Networks (ACT) Pty Ltd (ABN 24 008 552 663) Trading as ActewAGL Distribution (ABN 76670568688) (Energy and Water)

Mitchell v Icon Distribution Investments Ltd and Jemena Networks (ACT) Pty Ltd Trading as ActewAGL Distribution was a case heard by the Canberra Administrative Appeals Tribunal. The dispute centred on the interpretation of the term "consumer" as defined in Part 12 of the Utilities Act 2000, specifically in the context of an electricity connection service. The plaintiff, Mr Mitchell, sought to establish whether he qualified as a consumer under the Act in order to pursue a complaint against the defendants, who were electricity service providers.

The primary legal issue was whether Mr Mitchell, an electrician who entered premises to perform work, could be considered a consumer for the purposes of the Utilities Act. The court needed to determine if an electrician who enters premises to carry out work qualifies as an invitee and, by extension, if such an individual could be deemed a consumer. The court also had to consider whether the builder, as the occupier of the premises, could be held liable for any breaches of the Act by the electricity service providers.

The tribunal found that an electrician entering premises to perform work is an invitee of the occupier. Consequently, the electrician is a consumer under the Utilities Act. The court reasoned that since Mr Mitchell was an invitee and had entered the premises to carry out work, he was effectively a consumer. The court dismissed the respondents’ application for dismissal of the complaint and referred the matter back to the Registrar for directions and to list a final hearing.

The tribunal’s decision clarified that electricians who enter premises to perform work are indeed consumers under the Utilities Act. This ruling has significant implications for electricians and builders, as it establishes that electricians are protected under the Act when they enter premises to carry out work. The final orders of the tribunal were to dismiss the respondents’ application for dismissal of the complaint and to refer the complaint back to the Registrar for further directions and listing of a final hearing.