The Federal Court has ordered EnergyAustralia to use best endeavours to comply with an enforceable undertaking regarding life support registration.
The Australian Energy Regulator (AER) has obtained an interlocutory injunction requiring EnergyAustralia to take steps to attain compliance with the binding undertaking.
The injunction was sought by the AER in ongoing legal proceedings against EnergyAustralia after alleged ongoing failures by the retailer to comply with an enforceable undertaking provided to the AER on 23 August 2019, until further orders were made.
The undertaking had been given to the AER by EnergyAustralia following self-reported breaches of the life support registration obligations.
The Court has ordered EnergyAustralia to use its best endeavours to complete the registration and notification process for every life support customer within the timeframes required by the undertaking, and to file evidence of the steps taken and proposed to be taken to comply.
AER Chair, Clare Savage, said obtaining this injunction demonstrates the AER’s determination to hold businesses to the commitments made in enforceable undertakings.
“If a business enters into an enforceable undertaking with the AER, they must continue to comply with the terms of the undertaking, or we will take them to court,” Ms Savage said.
“This is the first time that the AER secured an injunction of this nature. We will not hesitate to act if businesses fail to comply with enforceable undertakings.”
Ms Savage said that businesses should expect to be held to account on life support matters.
“The AER takes the life support obligations on businesses very seriously. The obligations to register life support customers are critical to ensure continuity of energy supply and sufficient notice of any planned interruptions.
“Ensuring that customers who require life support equipment at their premises receive the protections provided by the National Energy Retail Rules is an enforcement priority for the AER.”
The AER urges anyone requiring life support equipment to contact their energy retailer or distributor to be registered.
