Electricity Industry (Caravan Park Operators) Exemption Order 2005

The primary duty-bearer is the caravan park operator - any person who owns or operates a caravan park in Western Australia. The order applies irrespective of the park’s size, location or whether the operator is an individual, partnership, company or local government body. The beneficiary group is permanent park residents - people who live in the park as their principal place of residence. For them, the operator must cap electricity charges and provide transparent information. Short-term visitors (tourists, temporary holidaymakers) are not protected by the fee caps, but the operator may choose to extend similar pricing voluntarily. Retailers (Synergy and Horizon Power) are affected indirectly: they must be notified whenever a resident using life support equipment is identified or removed (clause 7(3) and (4)), and they rely on the operator as an intermediary for passing on interruption notices (clause 7(5)(c)). Appropriately qualified medical practitioners are affected because their written confirmation triggers the operator’s duty to register the site and notify the retailer. Occupiers of sites (whether permanent or not) who require life support equipment gain protection from disconnection for non-payment and from interruption without 48 hours’ notice. The order also affects incoming caravan park operators who take over an existing park: they must, within 48 hours, notify all occupiers of the change and ask whether anyone at the site requires life support equipment (clause 7(6)). This imposes a time-critical onboarding process. It does not affect electricity retailers other than the two state-owned corporations, because the fee caps are tied exclusively to their by-laws; if a park is in an area served by a private retailer, the caps reference the by-laws that apply to the state retailer in that licence area (which may create a mismatch if private retailers charge less or more).

The operator’s central duty is to comply with the exemption conditions. Under clause 6, for a permanent park resident, the operator must not charge more for metered electricity than the residential tariff published in the Energy Operators (Electricity Retail Corporation) (Charges) By-laws 2006 (Synergy area) or the Energy Operators (Regional Power Corporation) (Charges) By-laws 2006 (Horizon Power area), applied on the day of supply. If the operator generates its own electricity, the charge for that electricity must not exceed cost recovery (clause 6(2)). In addition, total fees or charges for electricity services (including reticulation, metering, billing) must not exceed the fixed charge component of the applicable by-law tariff (clause 6(3)), and this applies even if the electricity is self-generated (clause 6(4A)). The operator must make available to each permanent resident clear information showing quantity supplied and the fees and charges for electricity and for electricity services (clause 6(4)), and this must be easily accessible (clause 6(5)). If the information is not on the account, the operator must tell the resident how to get it (clause 6(6)). Under clause 7, the operator must keep a register of sites where a resident requires life support equipment (clause 7(2)). Upon receiving written confirmation from an appropriately qualified medical practitioner, the operator must add the site, keep a copy, and within 48 hours notify the retailer supplying the park and give a copy of the confirmation (clause 7(3)). If informed that no one requiring life support equipment resides at a registered site, the operator must within 48 hours pass that information to the retailer and may remove the site from the register (clause 7(4)). For a registered site, the operator must not interrupt supply unless 48 hours’ notice is given or the occupier consents (clause 7(5)(a)), must not disconnect for non-payment of electricity fees (clause 7(5)(b)), must pass on to the occupier any interruption notice from the retailer within 48 hours (clause 7(5)(c)), and must pass on any retailer request for medical re-confirmation (clause 7(5)(d)). When a new operator takes over, the incoming operator must within 48 hours notify all occupiers and ask whether anyone requires life support equipment (clause 7(6)). The rights of permanent residents are: to pay no more than the applicable tariff, to receive clear information about consumption and charges, and (if life support equipment is needed) to not be disconnected for non-payment and to receive 48 hours’ notice before any interruption.

The order itself does not prescribe monetary penalties. Its enforcement mechanism is structural: if the operator fails to comply with any condition in clauses 6 or 7, the exemption in clause 5 ceases to apply in relation to that supply. The operator would then be supplying electricity services without a retail licence, which is an offence under section 7(1) of the Electricity Industry Act 2004. That section makes it unlawful for a person to sell electricity unless licensed or exempted. The Act carries maximum penalties (currently $20,000 for an individual and $50,000 for a body corporate per contravention, plus continuing penalty provisions). The Economic Regulation Authority, as the sector regulator, can also issue infringement notices, seek court injunctions, or suspend the operator’s ability to supply. In practice, non-compliance with the life support conditions carries particular risk: disconnecting a life support resident without notice could also give rise to civil liability for personal injury or breach of occupier’s duty of care. The order also imposes ongoing record-keeping obligations (keeping a register, copies of medical confirmations) - failure to maintain these records makes it difficult for the operator to prove compliance if challenged. A resident who suspects overcharging could complain to the Economic Regulation Authority, which could investigate and potentially find the operator unlicensed, leading to prosecution or enforceable undertakings. The order gives no private right of action for overcharging - relief would come through the regulator’s enforcement of the Act. The information provision duty under clause 6(4) is actionable through the same mechanism; if a resident cannot see their consumption or charges, the operator risks the regulator forming the view that the fee cap is being evaded.

The order sits under the Electricity Industry Act 2004 and modifies its retail licensing provisions. It does not exempt the operator from the safety and technical obligations under the Act (e.g., network safety, metering standards) or from the Electricity (Licensing) Regulations 1991. The definitions of caravan park and site are imported from the Caravan Parks and Camping Grounds Act 1995, so changes to that Act ripple into this order. The fee caps are determined by the Energy Operators (Electricity Retail Corporation) (Charges) By-laws 2006 and the Energy Operators (Regional Power Corporation) (Charges) By-laws 2006, both of which are updated periodically by the Minister - the operator must track the current by-laws to ensure capped charges are not exceeded. The life support equipment definition is fixed to the Life Support Equipment Electricity Subsidy Scheme as it stood immediately before the commencement of the 2018 amendment (22 October 2018). That scheme is administered by the Department of Finance but not incorporated by reference in the order - so if the subsidy scheme later adds new equipment types, the operator is not automatically required to register and protect residents using those new devices unless the order is amended. The definition of appropriately qualified medical practitioner is borrowed from the Code of Conduct for the Supply of Electricity to Small Use Customers 2016, which is a binding code under the Act. That Code also contains procedural requirements for life support customers that may impose additional duties on retailers; operators should be aware that retailers may have their own obligations that depend on receiving notifications under this order. The order does not interact with residential tenancy laws directly, but the fee caps may be enforced through consumer protection laws if a resident alleges an unfair term. The order also does not override the operator’s ability to recover other site fees (rent, amenities) - it only caps electricity-related charges. This means an operator could potentially inflate site rent to compensate for the electricity cap, which is not regulated by this order, though general residential tenancy laws in Western Australia may limit rent increases.

The order was originally gazetted on 22 April 2005 and came into operation the same day. It was amended by the Electricity Industry (Caravan Park Operators) Exemption Amendment Order 2009 (gazetted 8 May 2009, operative from 9 May 2009). The 2009 amendment inserted clause 6(2A) to add a separate cap for electricity supplied by the Regional Power Corporation (Horizon Power), and amended clause 6(3) to create two subparagraphs distinguishing the licence areas of the Electricity Retail Corporation and the Regional Power Corporation. It also added clause 6(4A), which clarified that the fixed charge cap under clause 6(3) applies even where the operator generates its own electricity. This was a significant broadening: even self-generating operators cannot charge more than the applicable retail fixed charge for the provision of electricity services, not just for the energy itself. The second amendment was the Electricity Industry (Caravan Park Operators) Exemption Amendment Order 2018, gazetted on 25 September 2018, with operative provisions coming into force on 23 October 2018. This amendment inserted a new clause 7 (replacing a prior, simpler life support clause) that introduced detailed duties: the register, the 48-hour notification timelines, the prohibition on disconnection for non-payment for life support sites, and the obligations on new operators. It also amended clause 5 to refer to “clauses 6 and 7” rather than just clause 6. The 2018 version is the current text as compiled.

The source text contains no recorded court decisions, tribunal determinations, or penalty proceedings. No cases are cited in the order itself. Given the low value of individual overcharges (typically small differences between the tariff and the operator’s charge) and the fact that enforcement is regulatory rather than private, there has been no published litigation. The lack of litigation does not mean zero disputes - many are likely resolved informally or through the Economic Regulation Authority’s complaint processes without reaching a court.

Several traps and anomalies exist. First, clause 6(3)(b)(ii) appears to contain a drafting error: it says the fixed charge cap in the Regional Power Corporation licence area is the fixed charge “applying to electricity supplied by the Electricity Retail Corporation” - that is, the Synergy tariff. This is almost certainly a mistake; it should refer to the Regional Power Corporation. An operator in the Horizon Power region relying on that literal wording could use the lower Synergy fixed charge, but the regulator may interpret it as intended to refer to the Regional Power Corporation by-law. Until amended, a literal reading favours the operator but carries litigation risk. Second, short-term visitors are entirely unpriced by the order - the operator can charge any amount for electricity to tourists. This creates an incentive to maximise short-term sites and minimise permanent resident sites. Third, the life support register applies to “a person who requires life support equipment” whether or not that person is a permanent resident. However, the fee caps only apply to permanent residents. This means a short-term visitor using life support equipment is entitled to protection from disconnection and interruption, but the operator is not limited in what they can charge that visitor for electricity. Fourth, the 48-hour timeframes in clause 7 are very tight. An operator who receives medical confirmation on a Friday afternoon must notify the retailer by the following Monday (assuming no public holiday). Failure to meet the deadline removes the exemption, potentially exposing the operator to prosecution. Fifth, the prohibition on disconnection for non-payment for life support sites (clause 7(5)(b)) is absolute - there is no exception, even if the resident has not paid for months. The operator’s only remedy is to recover the debt through civil proceedings, not through disconnection. This could create a serious financial burden if a resident racks up a large bill. Sixth, clause 7(6) for new operators requires the incoming operator to notify all occupiers and request life support information within 48 hours of becoming the operator. This is a practical challenge if the transfer occurs on a weekend or if the operator cannot access resident contact details immediately. Seventh, the definition of life support equipment is frozen at the 2018 subsidy scheme list. If new equipment (such as newer ventilators, dialysis machines, or monitoring devices) becomes common but is not on that list, the operator has no obligation to register or protect the resident using it. Eighth, the cost recovery cap for self-generated electricity (clause 6(2)) is vague - “the costs of generation” is not defined as capital, operating, fuel, or maintenance costs. This could be a point of dispute between operator and regulator if the operator claims a high cost recovery.

An operator must do the following to maintain the exemption. Document the classification of each site: which are occupied by permanent park residents (principal place of residence) and which are transient. For each permanent resident site, compare the operator’s electricity charge against the applicable by-law tariff on each billing day. Obtain and retain copies of the current by-laws from the Electricity Retail Corporation (Synergy) and the Regional Power Corporation (Horizon Power). Ensure that the total of all fees and charges for electricity services (including any line item labelled “supply charge”, “meter fee”, “service fee”) does not exceed the fixed charge in the by-law for residential customers - even if the operator uses self-generated electricity. For self-generation, keep detailed records of all generation costs (fuel, maintenance, capital depreciation) to justify the amount charged. Prepare and distribute to every permanent resident a clear statement showing kWh consumed and the fee breakdown; this can be included on the account or provided separately. If not on the account, tell the resident how to access it. For life support, establish a register (electronic or paper) containing site address/number and the occupier’s telephone number and email address. Upon receiving a medical practitioner’s written confirmation that a resident requires life support equipment, add the site to the register, keep a copy of the confirmation, and notify the relevant retailer within 48 hours. When informed that a life support resident has left or no longer needs the equipment, remove the site from the register and notify the retailer within 48 hours. Never disconnect a registered site for non-payment of electricity charges. Give at least 48 hours’ notice before interrupting supply to a registered site, unless the occupier consents. Forward any interruption notice received from the retailer to the occupier within 48 hours. If taking over an existing caravan park, immediately notify all occupiers of the change and ask whether any resident requires life support equipment; do this within 48 hours of becoming the operator. Keep all records (medical confirmations, by-law tariff schedules, billing records) for at least six years. Review the by-laws each time they are amended to adjust caps accordingly. Train staff on the 48-hour deadlines and the absolute no-disconnection rule for registered sites. Finally, consider seeking a private ruling from the Economic Regulation Authority if there is any doubt about the classification of a resident or the calculation of generation costs. Non-compliance with even one condition removes the exemption, so a diligent operator should conduct periodic internal audits.