Reviewing the Energy Retail Code of Practice

Overview

We are reviewing the Energy Retail Code of Practice to:

• address key actual or potential harms to Victorian consumers in a proportionate manner    
• clarify or update obligations identified as unclear or inconsistent
• further support consumers experiencing vulnerability.

The review is split into two stages. 

• Stage 1 considers the energy consumer reforms proposed by the Energy and Climate Change Ministerial Council (ECMC) in July 2024.
• Stage 2 will review additional reforms including those discussed in our issues paper published in June 2024. 

On 16 May 2025, we published a Regulatory Impact Statement (RIS) as our draft decision on the energy consumer reforms proposed in stage one of our review of the Energy Retail Code of Practice. The RIS outlines the options for each proposed reform that we considered and evaluated. It also outlines our preferred option for each reform based on this analysis. 

You are invited to submit written feedback on the Stage 1 RIS via Engage Victoria by 5pm on Thursday 26 June 2025.

You are welcome to comment on both the RIS and the proposed Energy Retail Code of Practice. 

Submissions will be published on the commission's website, except for any information that is commercially sensitive or confidential, in accordance with our submissions policy. 

Automatic best offer for customers experiencing payment difficulty

We are assessing options for retailers to automatically move customers experiencing payment difficulty to the deemed best offer. We are currently considering who should be eligible for this reform and how it should be implemented.

Improving the ability to switch to the best offer and access to cheaper offers

We are assessing how to make it easier for customers to move to the best offer and access cheaper plans.

Extending protections for customers on legacy contracts and those paying high prices 

We are assessing how to enhance protections for customers on older contracts paying significantly higher prices for energy and whether we should extend reforms from our 'Ensuring contracts are clear and fair' decision to contracts entered into before 1 July 2020. This would mean that all contracts would be subject to a cap on pay-on-time discounts and any contract with an existing benefit would be extended to the duration of the contract.

Improving the application of concessions on bills

We are assessing how retailers could proactively seek and obtain information about customers' concession eligibility.

Improving the awareness of independent dispute resolution services 

We are assessing if retailers should be required to include the phone number for the Energy and Water Ombudsman Victoria on the front page of bills.

We will continue to proactively engage with the consumers, industry, community organisations and advocacy groups, government departments and agencies through individual meetings as this review progresses. 

Stakeholder feedback will inform the final version of the revised Energy Retail Code of Practice. Once the consultation closes, we will review all submissions and feedback to assess whether further amendments to the Energy Retail code of Practice are needed. We will publish a final decision along with the final version of the revised Energy Retail Code of Practice in August 2025. 

We can be contacted via email, mail or phone.

• Email: [email protected]
• Mail: Essential Services Commission, Level 8, 570 Bourke Street, Melbourne Victoria 3000
• Phone: +61 3 9032 6290

We are also open to meeting with you to discuss specific feedback and encourage you to get in touch.

On 24 October 2024, we released our discussion paper on the energy consumer reforms proposed by the ECMC.

Stakeholders were able to provide their feedback in the form of written submission via Engage Victoria or by making general comments over email, mail or phone.

Our consultation process closed on 26 November 2024.

We received a total of 20 written submissions which can be found below.

We held two consultation workshops, one online on 5 December 2024 and an in-person workshop on 10 December 2024.

In these workshops we engaged with representatives from industry, consumer groups, and community stakeholders. These workshops provided a platform for open dialogue and discussion, allowing participants to share their insights, concerns, and suggestions for achieving the desired outcomes of the proposed rule changes.

On 6 November 2024, we held an online information session where we provided information and highlighted key issues for stakeholder feedback on the first stage of our review.

A recording of the information session is available below: