There are three main circumstances under which a customer's energy supply may be disconnected by the supplier or network operator:
- failure to meet contractual obligations, such as not paying a bill or a security deposit, or completion of a negotiated contract;
- preventing inspectors/meter readers from gaining access to connection points or meters; and
- safety
In circumstances 1 & 2, notice must be given prior to a disconnection. For safety issues, there is no requirement for a notice period if there is a risk to health or life.
Notice Periods - Your Rights
The notice period prior to disconnection is the same for both electricity and gas, and for standard and negotiated contracts.
Your supplier or network operator is required by law to give you notice prior to disconnection. You must receive at least two written notices, at least one week apart, and disconnection cannot occur until at least 14 days has elapsed since the first notice.
Your supplier must attempt to contact you in person, or by telephone, to try to avoid the necessity to disconnect your supply.
In any notice and any dealings with you regarding disconnection you must be advised of your rights, including your right to have the matter referred to the Energy and Water Industry Ombudsman for a ruling. If the matter is referred to the Ombudsman you cannot be disconnected until three days after the matter was referred.
Your supplier must also notify you of any government-funded emergency financial hardship assistance schemes available, such as the EAPA scheme administered by charitable organisations.
If You Request Disconnection
You are required to give your retail supplier three days (three business days in the case of gas) notice of disconnection, otherwise you will be liable for electricity used up to three days after notification.
If the disconnection results in termination of the contract, you may have to pay additional charges under the terms of the contract.
When Can Disconnection Occur?
In circumstances other than for safety or health reasons, once a supplier or network operator has given the required notice they cannot disconnect your service:
- on a Friday, Saturday or Sunday;
- on a public holiday or the day before a public holiday; or
- after 3pm on any other day
You also cannot be disconnected if you:
- have applied for emergency financial hardship assistance from a charitable organization;
- have entered into a payment plan with a supplier or network operator and you are honouring that arrangement;
- rely on a recognised life support system; or
- have a dispute referred to the Ombudsman in relation to your account at those premises within the previous three days.
Embedded Network Customers
Embedded network customers whose contractual arrangements for the supply of electricity form part of a residential tenancy agreement (which includes permanent residential park residents) can only be disconnected by order of the Residential Tribunal.
In other circumstances, embedded network customers may be disconnected if they have breached their contractual arrangements with their supplier and a regulated procedure must be followed.
If an embedded network operator receives notice from their supplier that their supply is to be disconnected, the embedded network operator must immediately give written notice to any residential person with a separate meter who will be affected by the disconnection.
Want more information?
A free booklet explaining the choices available to you will be in your letterbox in early 2002. The booklet will contain information you will find useful if you decide to shop around for the best deal on your energy.
You may also call our information line on 1300 136 888.
|
