43Customer hardship policies

43 Customer hardship policies

43 Customer hardship policies

(1) The purpose of a retailer’s customer hardship policy is to identify residential customers experiencing payment difficulties due to hardship and to assist those customers to better manage their energy bills on an ongoing basis.

(2) A retailer must—

(a) within 3 months of being granted a retailer authorisation—

(i) develop a customer hardship policy in respect of residential customers of the retailer; and

(ii) submit it to the AER for approval under this Division; and

(b) publish the policy, as approved by the AER, on the retailer’s website as soon as practicable after it has been approved; and

(c) maintain and implement the policy.

Note—

This subsection is a civil penalty provision.

(3) If, as a result of the exercise of the AER’s functions and powers under section 204, the AER forms the view that a retailer’s customer hardship policy requires review—

(a) the AER may direct the retailer to review the policy and make variations in accordance with any requirements set out by the AER; and

(b) the retailer must—

(i) vary the policy in accordance with the AER’s requirements; and

(ii) submit it to the AER for approval under this Division; and

(iii) publish the policy, as approved by the AER, on the retailer’s website as soon as practicable after it has been approved; and

(iv) maintain and implement the policy.

Note—

Subsection (3)(b) is a civil penalty provision.

(4) A retailer may vary its customer hardship policy independently of a direction referred to in subsection (3) but only if the variation has been approved by the AER under this Division and the varied policy has been published on the retailer’s website after the AER has approved the variation under this Division.

(5) A reference in this Division to varying a customer hardship policy extends to replacing a policy with another customer hardship policy.