New enforcement outcomes announced each day: Here, Red Energy self-reported alleged breaches and issued a corrective letter to affected customers. Self reporting of potential breaches is a legal requirement. As an aside, do you think that self reporting should mean that a set discount is applied on any penalty imposed? Clearly, compliance is a non-negotiable. Commissioner Symons, emphasized the importance of energy companies meeting their obligations to customers. “We continue to monitor energy companies to make sure they meet their obligations to their customers and uphold the strong energy consumer protections we have in this state. Where we find evidence that an energy company has not done the right thing by its customers, we take action,” highlighting the ESC's commitment to upholding strong energy consumer protections. #energyregulation #consumersprotection #corporatecompliance
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Victoria's State Electricity Commission (𝐒𝐄𝐂) has applied for a Victorian retail licence from the Essential Services Commission. You can read more about their plans here: https://lnkd.in/gD2NpXET
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𝐖𝐢𝐭𝐡 𝐚 𝐧𝐞𝐰 𝐰𝐞𝐞𝐤 𝐜𝐨𝐦𝐞𝐬 𝐚 𝐧𝐞𝐰 𝐫𝐞𝐥𝐞𝐚𝐬𝐞 𝐭𝐨 𝐓𝐢𝐭𝐚𝐧 👩🚀 The latest update includes a complete redesign, an issues register to identify regulatory obligations, and a dashboard showcasing upcoming regulatory reporting deadlines. Exciting enhancements to streamline your compliance process! #Titan #RegulatoryCompliance #Dashboard #Innovation
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We talk a lot about our technology solutions, but what truly sets us apart is our people: Jodi Donovan, Pritish Salgaonkar, Lina Starling, Connor James. Our people are professional, experienced, and work hard for our clients. We've collectively got decades of experience in energy regulation, law, policy and project management. Our clients depend on us for quick and accurate guidance. We get to lean about our clients, their challenges, and their approaches. Our clients benefit immensely from this expertise, and if you are not a client, then get in touch.
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📢 Today's Significant Federal Court Ruling on Energy Retail Overcharging Justice Downes of the Federal Court today delivered a significant judgment in Australian Energy Regulator v AGL Retail Energy Limited [2024] FCA 969, clarifying the meaning of "overcharging" under the National Energy Retail Rules. Read the decision here: https://lnkd.in/gWwChPrF Based on the decision, overcharging within the meaning of rule 31 of the National Energy Retail Rules occurs when: ➡️ A retailer has received, processed and retained a payment of an amount of money from a customer that exceeds the amount that the retailer is in fact entitled to charge the customer under any contract which it has with that customer. ➡️ The determination of whether a customer "has been overcharged" involves looking at what the retailer is entitled to charge compared to what the retailer has actually received from the customer. ➡️ It is not limited only to excess amounts that arise from the payment of an erroneously generated or miscalculated bill. Rather, it looks at the economic substance of the relationship between the retailer and the customer, and whether the retailer has received and is in possession of a sum of money that belongs to the customer and which the retailer does not have any contractual entitlement to retain. ➡️ Overcharging can occur even without the retailer issuing a bill or making an explicit demand for payment. It can happen through the retailer's conduct, such as continuing to receive and retain payments after a customer's account is closed. ➡️ Overcharging can occur through the customer's own error or mistake in making an excess payment, not just through errors by the retailer. The court rejected a narrower interpretation that would have limited overcharging only to situations where a retailer explicitly billed or demanded an excessive amount. Instead, it adopted a broader definition focused on whether the retailer had received and retained funds exceeding its contractual entitlement, regardless of how that situation arose. Retailers should review their systems and processes to ensure they can efficiently identify and address potential overcharges. #EnergyCompliance #RetailRules #ConsumerProtection Does your business have appropriate processes and system controls in place to comply with rule 31? Contact Compliance Quarter for expert advice.
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Link to ESC announcement: https://www.esc.vic.gov.au/media-centre/red-energy-pays-254436-penalties-over-alleged-breaches-customer-best-offer-could-you-save-money