Compliance

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As the administrator of the Retailer Energy Productivity Scheme (REPS), the Essential Services Commission (Commission) has functions and powers as are necessary to give effect to the REPS in South Australia. The Commission administers the REPS in accordance with the Electricity (General) Regulations 2012 and the Gas Regulations 2012. The role of the Commission is to facilitate obligated energy retailers and activity providers compliance with scheme requirements.

Further information on the compliance framework for REPS, please refer to Bulletin no 11 - Compliance Framework.

In administering the scheme, the Commission has published information on REPS compliance outcomes. Please refer below, for further information.

Annual audits

2022 Annual audit and final 2022 quarterly audit compliance outcome

2022 Annual Audit - Activity Audit Summary 

The Commission completed an annual desktop audit of the Retailer Energy Productivity Scheme (REPS) for energy productivity activities (activities) delivered in the 2022 calendar year. The Commission requested activity packs for activities for obliged retailers (retailers) in accordance with clause 4.2 of the REPS Code.

The sample of activities for the annual audit were selected from the most performed activities in REPS for 2022. This selection allowed the Commission to broadly test that retailers (and activity providers) have systems and processes in place to deliver compliant REPS activities. Activity packs were reviewed to verify compliance with the REPS Code and activity specifications, therefore providing an indication of retailers’ overall compliance with the scheme. Commercial lighting activities, in particular, continue to be a compliance focus due to the large energy savings per activity and the comprehensive evidence required to support the energy savings calculations.

Fifty activities, comprising of commercial lighting, residential lighting, installation of an efficient new reverse cycle air conditioner (non-ducted), and replacement or upgrade water heater activities were audited. 

The annual assessment found that all activities audited achieved a compliant outcome, with only minor issues identified relating to missing or incorrect information in respect to each activity type, as follows:

Commercial lighting upgrade (evidence as required in the activity specification)

  • There were inconsistencies with energy savings claimed on activity record compared to the energy savings claimed through REPS-R portal and on energy savings scheme calculator. 

Commercial lighting upgrade (evidence as recommended in bulletin no 13)

  • Official specification or data sheet from the manufacturer showing the lamp type/control gear/control system not provided.
  • Electrical Certificate of Compliance did not identify the type and number of lamps/control gear and lighting control system that was removed/installed. 
  • Tax Invoice for small energy consuming customer did not show the details and quantity of the lamps/control gear purchased. 

Install an efficient new reverse cycle air conditioner (non-ducted) (evidence as specified in the activity specification)

  • GEMS values listed on activity record correspond to residential property, instead of commercial property where activity undertaken.

Replace or upgrade water heater (evidence as specified in Schedule 3 of the REPS Code)

  • Information on the Tax Invoice did not include the correct product model installed, as evidenced on the activity record and electricity certificate of compliance. 

The Commission also identified the following areas where retailers could improve in the provision of documentation for audit:

  • Manufacturer’s product specification sheets should be provided to strengthen the evidence of product approval. 

The Commission will provide retailers feedback on their individual compliance outcomes. The Commission will continue to monitor and conduct risk-based desktop audits and provide guidance and feedback to ensure retailers have procedures, processes, and controls in place to demonstrate compliance with the scheme requirements and meet consumer protection obligations.

The Commission acknowledges and thanks the efforts made by retailers and activity providers under the REPS to maintain ongoing compliance with scheme requirements.

2022 Final quarterly audit - activity audit summary 

The Commission completed a quarterly desktop audit of the Retailer Energy Productivity Scheme (REPS) for energy productivity activities (activities) delivered throughout the 2022 calendar year. The Commission requested activity packs for activities for obliged retailers (retailers) to provide in accordance with clause 4.2 of the REPS Code

Activity packs comprise of supporting information collected and recorded by retailers in relation to each activity at the time the activity is performed as specified in Schedule 3 of the REPS Code. This information must be collected in addition to any information specified in the individual activity specifications as gazetted by the South Australian Minister for Energy and Mining (the Minister) and published on the Commission’s website.

The quarterly audit focused on activities where signed address declarations were submitted, due to the listed address not having a delivery point identifier (DPID), issued by Australia Post (see Bulletin 4). These addresses increase the risk of non-compliance of requirements under the REPS General Specifications, that limit the delivery of a REPS activity once per premises, unless permitted in the activity specifications. Commercial lighting activities were also selected for audit due to high energy savings claimed per activity. 

Commission staff conducted a detailed review of all data lodged in the activity packs to determine compliance with the REPS Code. Full compliance was achieved across twenty-five activities, with only minor issues identified, relating to missing required or recommended information, including:

Commercial lighting (as recommended in commercial lighting upgrade activity Bulletin 13):

  • Official specification or data sheet from the manufacturer showing the lamp type/control gear/control system not provided.

Residential Lighting and Water Heating:

  • Product specification sheets, suggested to strengthen evidence of product approval not provided. 

Feedback on the compliance findings will be reported individually to each retailer. The Commission will continue to monitor and conduct random desktop audits and provide guidance and feedback to ensure retailers have procedures, processes, and controls in place to demonstrate compliance with the scheme requirements and meet consumer protection obligations (see Bulletin 3). The Commission acknowledges the efforts made by retailers and activity providers under the REPS to maintain ongoing compliance with scheme requirements. 

Quarterly audits

2022 Quarterly desktop audit compliance outcomes

The Commission completed a quarterly desktop audit of the Retailer Energy Productivity Scheme (REPS) for energy productivity activities (activities) delivered in the 2022 calendar year. The Commission requested evidence packs for selected activities to be provided by obliged retailers (retailers) in accordance with clause 4.2of the REPS Code2. Evidence packs comprise of supporting information collected and recorded by retailers in relation to each activity at the time the activity is performed as specified in Schedule 3 of the REPS Code. This information must be collected in addition to any information specified in the individual activity specifications as gazetted by the South Australian Minister for Energy and Mining (Minister) and published on the Commission’s website 3.

Desktop audits generally focus on areas identified by the Commission as possibly having a medium to high risk of non-compliance or where requirements under the REPS are new or varied from previous years. Commission staff selected four activities to be reviewed; commercial lighting, install an efficient new reverse cycle air conditioner (non-ducted), installation of insulation in an uninsulated ceiling, and replace or upgrade water heater.  The quarterly assessment confirmed that non-compliance of delivered activities and submitted energy productivity data was minimal and not material4. Retailers were given the opportunity to respond to identified non-compliances and all affected retailers responded and provided the sufficient required information to determine a compliant outcome. Missing and/or incomplete required information included: 

REPS Activity record (as specified in Schedule 3, REPS Code):

  • Australian Business Number (ABN) provided not corresponding with installer business name, or
  • Installer signed statement certifying that the energy productivity activities have been undertaken in accordance with the minimum requirements of REPS. 

Commercial lighting (as specified in the commercial lighting upgrade activity specification5):

  • Evidence of energy savings calculations
  • Proof that all removed lighting equipment has been properly decommissioned, or
  • Evidence of Building Code of Australia/National Construction Code compliance.  

The Commission will continue to monitor and conduct random desktop audits and provide guidance and feedback to ensure retailers have procedures, processes, and controls in place to demonstrate compliance with the scheme requirements and meet consumer protection obligations6. The Commission acknowledges the efforts made by retailers and activity providers under the REPS to maintain ongoing compliance with scheme requirements.


An obliged retailer must collect and record the information specified in Schedule 3 in relation to each energy productivity activity at the time the activity is performed.

2 REPS Code (REPSC/01)

3 Energy productivity activities and specifications (from January 2021)

4 Materiality has the meaning given to that term in clause 4.7 of the REPS Code and material has a corresponding meaning.

5 Commercial Lighting Upgrade Activity Specification CL1 

6 For more information refer to Bulletin no 3 – Consumer protection obligations

Compliance plan assessments

2023 Compliance plan assessment

The Commission completed its review of the Retailer Energy Productivity Scheme (REPS) compliance plans provided by each obliged retailer (retailer) for the calendar year 2023.

The assessment confirmed that most compliance plans were submitted by the 31 March due date and met the record keeping, reporting and assurance requirements detailed in clause 4.1 of the REPS Code. An extension was granted to two retailers for submission of their compliance plans, both of which were submitted by the approved extension date. A number of retailers were contacted after the preliminary review was conducted, with requests made for information that was missing or incomplete. Those retailers were given the opportunity to submit the required information by a specified due date.   

Clause 4.1 lists the mandatory requirements of the REPS code for the Compliance Plans and the following clauses were followed up with retailers:

  • Ensuring compliance concerns are raised with the Commission (clause 4.1.6) – four retailers; one of four retailers referenced 
  • providing the Commission with requested information (clause 4.1.7) – four retailers
  • record keeping (clause 4.2) – three retailers, and
  • ensuring reporting obligations are conducted (clause 4.3) – two retailers.

Other clauses in the REPS code considered needed for the Compliance Plans included:

  • Ensuring identification badges are worn (clause 6.3) – one retailer
  • ensuring minimum standards of conduct (clause 6.4.1) – three retailers; two out of three retailers referenced the content, however minimal information was provided
  • providing information to customers (clause 6.7.1) – four retailers.

The Commission provides guidance and feedback, to ensure the compliance plan submitted by each retailer demonstrates that the retailer has established a robust compliance regime, and that the compliance plan is a fit-for-purpose document. The compliance plan must demonstrate that the retailer has procedures, processes, and controls in place which are intended to ensure compliance with the scheme requirements, and that the long-term interests of consumers are protected.

Feedback regarding the assessment of the 2023 Compliance Plans has been forwarded to all retailers via email.


2022 Compliance plan assessment

By no later than 31 March each Retailer Energy Productivity Scheme (REPS) year, each obliged retailer (retailer) must submit to the Commission in writing a compliance plan in accordance with clause 4.1 of the REPS Code

The Commission provides guidance and feedback to ensure the compliance plan submitted by each retailer demonstrates that the retailer has established a robust compliance regime and the compliance plan is a fit for purpose document. The compliance plan must demonstrate the retailer has procedures, processes, and controls in place to ensure compliance with the scheme requirements.

Following a preliminary review by the Commission, retailers were given the opportunity to provide missing or incomplete information and to submit an updated compliance plan. The Commission’s final assessment confirmed that all compliance plans for the 2022 REPS year met the record keeping, reporting and assurance requirements detailed in clause 4.1 of the REPS Code. 

Compliance outcomes

2021 Compliance outcomes

The Commission has released information on Retailer Energy Productivity Scheme (REPS) compliance outcomes for 2021.

The Commission acknowledges the efforts made by energy retailers under the REPS to maintain ongoing compliance with scheme requirements. The Commission will continue to monitor and review REPS activities to ensure important consumer protections are being met and that each retailer is implementing robust systems to ensure compliance.