Disconnection – Your Rights

VICTORIA
From Consumer Action Law Centre
You can be disconnected for not paying a bill or for not paying a refundable advance.
However, the company can only disconnect you if it has taken several steps first.
For example, the company must send you a disconnection notice warning you that you will be disconnected. It should also offer you an instalment payment plan.
The company must not disconnect you if:

• it is a Friday, Saturday, Sunday, Public Holiday, the day before a Public Holiday or after 2pm on any other day;
• the amount you owe is less than a certain amount ($120 as of January 2009);
• you are only on your first instalment plan;
• you have made a complaint to Energy and Water Ombudsman of Victoria (EWOV) and it has not yet been resolved;
• you have applied for an Utility Relief Grant and your application has not yet been decided;
• you are renting and the amount owed to the company is owed by your landlord, not you;
• for electricity, your address is registered with the company as a life support machinesupply address (you need electricity to run a life support machine);
• for gas, your address is registered with the company as a medical exemption supplyaddress (you need gas for medical reasons, for example to power a heart machine)

If you are going to be disconnected, or if you have been disconnected, you should get help straight away.

As of 1 January 2005, you may be eligible for a wrongful disconnection payment if you have been disconnected contrary to the provisions of the Energy Retail Code.

If you believe you have been wrongfully disconnected, you should first approach your retailer. If this is unsuccessful, you can make a complaint to EWOV. Where EWOV is unable to resolve your claim with agreement of both you and the retailer, it will refer it to the Essential Services Commission who will make a decision.

Energy and Water Ombudsman: 1800 500 509 (Toll free)

Energy Retail Code (PDF from ESC Website)