Consumers | The law handbook - Legal Information Access Centre

More documents

Recommendations

Info

380 The Law HandbookMetering and billingTenants in residential parks whose sites aremetered separately cannot be charged morethan the standing offer price or serviceavailability charge that would be charged bythe local area retailer (ES Guideline Class R4,Condition 7(1); RP Act, s 37(2); RP Standards,para 3.1).When calculating the service availabilitycharge (see Billing at [11.330]), park ownersmust set a rate relative to the supply quality.Where the supply is less than 60 amps, thepark owner must charge a reduced serviceavailability charge (see Figure 1 below).Maximum Service Availability Charge (SAC)Level of Supply Maximum Level of SACto SiteLess than 20 20% of local standard retailamps supplier’s SAC20-29 amps 50% of local standard retailsupplier’s SAC30-59 amps 70% of local standard retailsupplier’s SgAC60 amps or 100% of local standard retailmore supplier’s SACAt the commencement of the tenancy oron the request of the tenant, the owner ofthe residential park must provide:• information about the payment arrangementfor electricity, including paymentplans• information on government rebateschemes• information about dispute resolutionprocedures, including EWON (RPStandards, para 2.3).Tenants cannot be charged late fees foraccounts which are not paid or not paid infull by the due date (RP Standards, para 3.1.3). The residential park owner must keeprecords of account details, such as meterreadings, charges applied and security depositswithheld. Receipts for any amountpaid for electricity must be issued to thetenant (RP Standards, para 3.3).Tenants should be aware that being indefault of energy bills can mean the tenantis in breach of their residential tenancy orsite agreement, which may lead to terminationnotices or may constitute grounds foreviction.Permanent residents of residential parksare eligible for the Low Income Household,Family, Life Support and Medical Energyrebates (see Rebates at [11.430]), but are noteligible for EAPA assistance (see EnergyAccounts Payment Assistance (EAPA)vouchers at [11.440]).Payment difficulties and disconnectionThe ES Guideline provides the same level ofprotection as those covered by the NECF forpermanent residents of residential parks.This includes protections around paymentplans, security deposits and disconnection(ES Guideline Class R4, Conditions 9-11; see[11.450] Disconnection and reconnection),[11.400] Payment plans and [11.270] Securitydeposits).In addition, park owners cannot disconnectelectricity supply to a park resident,who is supplied electricity under a residentialtenancy agreement, without an order ofthe NSW Civil and Administrative Tribunal(NCAT) (RP Standards para 3.5).Residents on life support are protectedfrom disconnection if they provide the parkowner with confirmation from a registeredmedical practitioner that a person at theirpremises requires life support equipment.Where the resident is supplied energy by anauthorised retailer and distributor, the parkowner must inform them that life supportequipment is used at the premises. The parkowner must also maintain records of anyresidents who have life support equipment(ES Guideline, Class R4 Condition 16).Customer service standardsOwners of a residential park must providetenants with:• a mechanism or facility that operates24 hours a day, seven days a week toreceive notice of urgent faults and difficultieswith the electricity supply• a mechanism or facility during businesshours to receive queries and give informationconcerning a resident’s electricityaccount and connection service (RP Standardspara 2.2).
11 Consumers 381Tenants in residential parks are also entitledto compensation for breaches of customerservice standards including:• failures to connect supply by an agreeddate ($60 per day, to a maximum of $300)• failures to provide two business days’notice for planned interruptions to supplyor there has been a longer interruptionof supply than notified ($20).However, compensation is not payablewhere the failures resulted from the need tocarry out emergency work or from circumstancesbeyond the control of the parkowner (RP Standards para 2.1).Technical and safety standardsOwners of residential parks are responsiblefor maintaining the park’s electricalinstallation, other than the electrical installationwithin the premises occupied by thetenant. The owner must comply with allappropriate legislation and standards ontechnical and safety matters, including:• Australian Standards 3000-2007 - WiringRules for Electrical Installations• Electricity (Consumer Safety) Act 2004 andElectricity (Consumer Safety) Regulation2006• Service and Installation Rules of NSW• AER Electricity Network Provider RegistrationExemption Guideline.Tenants are responsible for notifying thepark owner of any electrical defects ofwhich the tenant becomes aware, includingany damage or tampering with meteringequipment.Rights to dispute resolutionOwners of residential parks must provideresidents with information about their rightsto complain to EWON. The park owner isbound by any decision of EWON in relationto a complaint or dispute relating to electricitysupply. Residents can also take disputesto NCAT.[11.580] Making a complaint - energyCustomers with complaints about energyservices can make a complaint to the Energy& Water Ombudsman NSW (EWON). Thiscan include complaints relating to:• energy contracts, marketing and transfers• payment difficulty, disconnection ofsupply• billing• customer service issues• debt collection and credit default listing• supply quality, such as damage or loss toproperty from interruptions of supply• other network issues• any rights or obligations conferred onenergy suppliers by law.EWON generally expects customers to contacttheir energy provider in the firstinstance. If the provider cannot resolve theproblem customers are advised to speak tosomeone in a more senior position. Customersare advised to keep records of anycorrespondence or discussion with theirprovider (for example date, time, details ofcorrespondence).If the problem is not resolved by theprovider or not dealt with in a reasonabletime, call EWON on 1800 246 545. Complaintscan be lodged by phone, letter, fax,email, in person or online (www.ewon.com.au).EWON’s service is free for customers.EWON can investigate customer complaintsby:• seeking further information from the providerand/or customer• seeking independent expert advice (forexample, from an engineer).In most cases EWON is able to negotiate aresolution between the customer and theirprovider. Where a resolution cannot bereached, the Ombudsman can make a determinationto settle the matter. If the customer
Page 1 and 2: The Law HandbookYOUR PRACTICAL GUID
Page 3 and 4: 11ConsumersRachael Dobson Macquarie
Page 5 and 6: 11 Consumers 349[11.10] Consumer pr
Page 7 and 8: 11 Consumers 351(b) it is not reaso
Page 9 and 10: 11 Consumers 353consumer guarantees
Page 11 and 12: 11 Consumers 355loss or damage suff
Page 13 and 14: 11 Consumers 357sold and the distan
Page 15: 11 Consumers 359not transfer money
Page 18 and 19: 362 The Law Handbookcourt. If an or
Page 20 and 21: 364 The Law HandbookIf a customer d
Page 22 and 23: 366 The Law Handbook• if the tran
Page 24 and 25: 368 The Law HandbookAustralian Ener
Page 28 and 29: 372 The Law Handbookmedical conditi
Page 30 and 31: 374 The Law HandbookA customer may
Page 32 and 33: 376 The Law Handbook[11.500] Powers
Page 34 and 35: 378 The Law HandbookA further five
Page 38 and 39: 382 The Law Handbookchooses to acce
Page 40 and 41: 384 The Law Handbookand stormwater
Page 42 and 43: 386 The Law Handbookto restrict or
Page 44 and 45: 388 The Law Handbook[11.660] Interf
Page 46 and 47: 390 The Law HandbookFor Hunter Wate
Page 48 and 49: 392 The Law Handbook[11.700] Public
Page 50 and 51: 394 The Law HandbookHome building c
Page 52 and 53: 396 The Law Handbookconsumer choose
Page 54 and 55: 398 The Law Handbook[11.840] Limita
Page 56 and 57: 400 The Law HandbookThe consumer mu
Page 58 and 59: 402 The Law Handbookgenuine and let
Page 60 and 61: 404 The Law Handbookthat decision,
Page 62 and 63: 406 The Law Handbookcesses and powe
Page 64 and 65: 408 The Law Handbook The Law Handbo

Consumers | The law handbook - Legal Information Access Centre

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?