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378 The Law HandbookA further five NSW-specific standards arelisted under the Electricity Supply (General)Regulation 2011 (NSW) (cl 9):• post-disconnection notice - the distributormust leave behind a notice afterdisconnection, with information about thereason for disconnecting, the retailer andEWON’s telephone numbers, and whatthe customer is required to do for reconnectionincluding any related costs payable(cl 10)• repair of faulty street lights - if a customerreports a faulty street light abuttingtheir premises and the distributor responsiblefor that light fails to repair it withinthe agreed timeframe, they must pay thecustomer at least $15 (cl 11).[11.550] Supply quality and reliabilityEnergy distributors have a right to interruptthe supply of energy at any time to carry outplanned maintenance or developmentworks, or as a result of an unplannedinterruption (NERR Rule 89). Where a supplyinterruption is planned, distributorsmust notify the affected customer by anyappropriate means at least four businessdays before the date of the interruption,unless the distributor and customer haveagreed to a shorter notice period in writing(Rule 90A, inserted by the National EnergyRetail Law (Adoption) Regulation 2013 (NSW)cl 11).The notification must:• specify the expected date, time and durationof the interruption• include a 24 hour telephone number forenquiries, and• refer any enquiries to the distributor(NERR Rule 90(2)).The standard requirement to give at leastfour business days’ notice applies to premiseswith life support equipment approvedunder the NERL, but this must be in writtenform (NERR Rule 125(2)(d)).Unplanned interruptions may occur wherethere is a need to carry out unanticipatedmaintenance or repairs due to a threat tosafety, reliability or security of supply (NERRRule 88). Faults on the network may alsooccur due to a natural event such as alightning strike, or third party action such asa vehicle hitting a power pole. Distributorsmust use their best endeavours to restoresupply as soon as possible. Within 30 minutes(or otherwise as soon as practicable) ofbeing informed of the unplannedinterruption, distributors must make availablea 24 hour telephone service to provideinformation on:• the nature of the interruption, and• an estimate of the time when supply willbe restored or when reliable informationon restoration of supply will be available(NERR Rule 91).When a customer registers their premiseswith a distributor as having life supportequipment, the distributor must advise thecustomer that an unplanned interruptionmay occur at any time and provide informationto help the customer prepare a plan ofaction in case an interruption occurs. (NERRRule 125(2)(c)).The quality of energy supply is regulatedby legislation and industry standards, includingvoltage standards, voltage variationsand gas pressure.Customers may be entitled to compensationfor any damage or loss resulting fromsupply incidents, such as frequent or lengthyinterruptions to supply, voltage or mainspressure fluctuations, or lack of notificationsfor planned interruptions. Claims of compensationcan include damage to propertyor household appliances and food spoilage.However, there is generally no compensationgiven for loss of trade or business, orlosses incurred where a supply incident wascaused by a natural event such as a lightningstrike, fire or flood.Customers who wish to make a claim forcompensation should contact their distributorand may need to provide:
11 Consumers 379• a description of the damage to propertyor any losses incurred• a repairer’s report about the damage andquotes/receipts for any repairs necessary• the exact date and time the problem wasdiscovered• an outline of what was observed duringthe event.[11.560] TenantsPublic and private housingtenantsPublic and private housing tenants aregenerally responsible for energy bills andshould open an account when moving into anew property.If electricity and gas are included in therent, this will be written in the lease and thelandlord will be responsible for paying thebills. If a landlord fails to pay an account ontime and the tenant is facing disconnection,the tenant should contact NSW Fair Tradingor the Tenants Union for more information(see Making a complaint at [11.580]). Withthe exception of boarding houses, a landlordcannot charge a tenant for the supply ofelectricity unless there is a separate meterwhich complies with the regulations for theelectricity supplied, and the sum chargeddoes not exceed the maximum allowableamount under the AER Retail Exempt SellingGuideline July 2013. Landlords of boardinghouses can charge for utilities as a separatecharge on top of the room rate, provided:• they have notified the resident of theutility charge before entering into theoccupancy agreement, and• the amount charged is based on the costof providing the utility and a reasonablemeasure or estimate of the resident’susage (Boarding Houses Act 2012 (NSW),Sch 1, cl 7).Residents of boarding houses with complaintscan make a complaint to NCAT orthe Tenants Advice and Advocacy Service(visit www.tenants.org.au).Tenants in share houses should be awarethat the people whose names appear on anenergy account are responsible for bills.Tenants should ensure the names on theaccount are up-to-date and that an agreementis in place between residents forpaying the bills. For more information onshare housing, contact the Tenants Union orvisit www.tenants.org.au (see also chapter29, Housing).[11.570] Tenants in residentialparksTenants in residential parks may be suppliedelectricity directly from an energy retailer orfrom the park owner.Residential park tenants who have adirect supply contract with an energy retailerhave all the rights and responsibilitiesthat other customers would have under theNECF, outlined above.Permanent residents of residential parkswho are supplied electricity through thepark’s internal network and are meteredseparately have a more limited range ofrights and responsibilities prescribed by theResidential Parks Act 1998 (NSW) (RP Act),the AER Retail Exempt Selling Guideline July2013 (ES Guideline) and the Customer ServicesStandards for the Supply of Electricity toPermanent Residents of Residential Parks 2006(RP Standards).A permanent resident is defined as aperson occupying a site or dwelling in aresidential park under a residential tenancyagreement or residential site agreement asthe person’s principal place of address. Ifthe customer owns a cabin, van or a mobilehome in a park, but their primary residenceis elsewhere, they are referred to as aholiday park customer and different regulationsapply.
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Page 3 and 4: 11ConsumersRachael Dobson Macquarie
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