45Approval of customer hardship policy or variation

45 Approval of customer hardship policy or variation

45 Approval of customer hardship policy or variation

(1) The AER must approve a customer hardship policy (or variation) submitted to the AER for approval if the AER is satisfied that the policy (or the policy as varied)—

(a) contains the minimum requirements for a customer hardship policy set out in section 44; and

(b) will or is likely to contribute to the achievement of the purpose referred to in section 43(1).

(2) If it is not so satisfied, the AER may—

(a) indicate to the retailer in what respects it considers the customer hardship policy (or variation) as submitted is deficient and request the retailer to submit another customer hardship policy (or variation); or

(b) approve the customer hardship policy (or variation) with alterations agreed to by the retailer so that the AER is satisfied as to the matters referred to in subsection (1)(a) and (b).

(3) The AER must, in considering whether to approve a customer hardship policy under subsection (1), have regard to the following principles—

(a) that the supply of energy is an essential service for residential customers;

(b) that retailers should assist hardship customers by means of programs and strategies to avoid de-energisation (or disconnection) solely due to an inability to pay energy bills;

(c) that de-energisation (or disconnection) of premises of a hardship customer due to inability to pay energy bills should be a last resort option;

(d) that residential customers should have equitable access to hardship policies, and that those policies should be transparent and applied consistently.