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.

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

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. 

 

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.