Rule Change: Completed
Overview
The Australian Energy Market Commission (AEMC) published a final determination and a more preferable final retail rule (final rule). This is in response to a rule change request from SA Power Networks and Essential Energy to improve the existing processes of retailers and distributors in registering and serving customers with life support equipment at their premises.
The final rule will improve outcomes for life support users and customers
The final rule seeks to clarify and improve roles, responsibilities, and processes of retailers and distributors in registering and serving energy customers with life support equipment at their premises. Importantly, the proposed changes and final rule do not reduce existing protections for any life support customers. While the final rule is a more preferable rule, it incorporates many of the elements proposed in the rule change request.
The Commission’s final rule recognises life support protections are critical for supporting customers who use energy-dependent equipment at home, and access to those protections should be broad and fair. It also recognises an accurate register is important to ensure life support protections are applied consistently.
The final determination covers the numerous issues raised in the rule change request under three broad themes. We cover each of the proposed changes for the draft rule under each of these three themes below.
Theme 1: Improving definitions to better serve life support customers, and related civil penalties for breaches. The final rule:
- allows life support users with life-threatening conditions to be identified by a medical practitioner via the medical confirmation form, enabling retailers and distributors to better capture and use this important information
- adds a definition of "life support user" to distinguish the person using life support equipment from the retailer’s customer, improving communications.
Theme 2: Improving the registration and deregistration process. This covers processes around registration, ongoing obligations to registered customers, and deregistration of life support customers. The final rule:
- makes retailers responsible for all aspects of the registration and deregistration process
- requires retailers to annually check with life support customers to confirm their details remain accurate
- requires retailers to inform embedded network operators when a relevant customer registers for life support.
Theme 3: Improving communication methods to contact life support customers. The final rule allows:
- a second person to be contacted about life support notifications, to support the customer
- life support customers to be contacted by their preferred means.
The final rule makes several amendments to the draft rule to improve the operation of the rule. Key changes include:
- improving record management where protections are no longer required at a premises
- simplifying rules for retailers with customers in embedded networks
- clarifying the requirement for valid medical confirmation
- clarifying requirements to collect and share life support requirements and contact details
- requiring secondary contacts to be included on deregistration and medical confirmation reminder notices.
Consistent with the draft, final rule does not:
- mandate deregistration where a customer does not provide medical confirmation
- limit the number of registration attempts a customer can make
- require customers to re-register after a given period
- reduce any civil penalties for breaches of life support protections.
This final determination and final rule contribute to our vision for A consumer-focused net zero energy system, specifically our consumer priority that seeks to inform, empower and protect consumers individually and as a collective. The final rule seeks to maintain low barriers for life support customers to access life support protections and improve definitions, processes and communications to ensure they are applied as consistently as possible for all life support customers.
The Essential Services Commission of Victoria has consulted on the same issues
The Essential Services Commission of Victoria (ESC Vic) has also considered the changes proposed in the rule change as part of its review of life support protections in Victoria. We have engaged with the ESC Vic as part of this rule change, and have aligned life support roles, responsibilities, and processes to the greatest extent possible. The ESC Vic and the Commission have also aligned the timing of the rule change/review, including the implementation dates.