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CONSUMER UTILITIES
ADVOCACY CENTRE LTD
ANNUAL REPORT 12/13
Mission
To ensure the interests of Victorian consumers, especially low-income, disadvantaged and rural and
regional consumers, are effectively represented in the policy and regulatory debate on electricity, gas
and water.
Values
▼ All Victorians have a right to affordable and sustainable electricity, gas and water;
▼ All Victorians have a right to have their interests heard in policy and regulatory decisions on
electricity, gas and water; and
▼ All Victorians have a right to not be disconnected from electricity, gas and water due solely to
inability to pay.
Corporate objectives
CUAC achieves its mission through its corporate objectives, which are:
▼ To facilitate and provide an independent, proactive and informed advocacy voice for
Victorian utility consumers in regulatory and consultation processes.
▼ To facilitate, undertake and disseminate research into consumer utility issues, with the aim of
enabling consumers to take full advantage of utility markets.
▼ To monitor grassroots consumer utility issues, particularly those affecting low-income,
disadvantaged and rural consumers.
CONSUMER UTILITIES ADVOCACY
CENTRE LTD. (CUAC)
Level 2, 172 Flinders Street
Melbourne, VIC 3000
Phone 03 9639 7600
Fax 03 9639 8966
Web www.cuac.org.au
ACN 100 188 752
Contents
Deputy Chair’s report 1
Executive Officer’s report 3
Consumer issues: energy 5
Consumer issues: water 10
Aboriginal Energy and Water Project 12
Advocacy activity 13
Communications 19
External research and advocacy program 20
Governance 21
Directors’ report 22
Auditor’s independence declaration 24
Independent auditor’s report to the members of CUAC 25
Directors’ declaration 27
Statement of Comprehensive Income for the year ended 30 June 2013 28
Statement of Financial Position as at 30 June 2013 29
Statement of Changes in Equity for the year ended 30 June 2013 30
Statement of Cash Flows for the year ended 30 June 2013 31
Notes to the Financial Statements for the year ended 30 June 2013 32
Deputy Chair’s report
Collegiate work with other community based
organisations has been a feature of CUAC’s
achievements in this financial year, spanning
collaborative submissions, advocacy and events.
The event Research Insights held in December 2012
showcased a substantial body of research work
undertaken by CUAC in this period including research
on door-to-door selling, consumer protections and
electricity re-selling, and research into energy market
concentration in Victoria. It also provided an
opportunity for CUAC research funding recipient, La
Trobe University, to share its report on rural seniors’
perceptions, attitudes & preferences relating to water
products and tariffs and for the Victorian Council of
Social Services to provide a progress report on its
research into water pricing.
The role of the Reference Group within CUAC’s
corporate governance structure is a fundamental one
in providing key advice to the CUAC Board about
emerging energy and water issues in the Victorian
community. The Board was particularly pleased,
therefore, that our review of the terms of reference and
establishment of a more transparent application
process was so successful in revitalising the functions
and representation of these members. We were
pleased that a core of previous participants reapplied
and thrilled to welcome new members including
Community Information and Support Victoria, Council
on the Aging, Council of Single Mothers and their
Children and Good Shepherd Youth and Family
Services. The first meeting of the new group was held
in May of this year and provided an opportunity to
hear about developments in the UK energy market via
a presentation by academic expert Dr Gill Owen, as
well as giving CUAC invaluable insights to assist the
development of its research and advocacy priorities for
the coming year. This was a great start and we hope to
finalise the annual plan early in the new financial year.
CUAC was also delighted to support two of its
community partners in the development of successful
applications for Department of Climate Change and
Energy Efficiency funding under the Low Income
Energy Efficiency Program. Based on CUAC’s research
report Wein, Paen, Ya Ang Gim: Victorian Aboriginal
Experiences of Energy and Water, the Kildonan
UnitingCare project seeks to address capital constraints
and information failure as barriers that prevent low
income Aboriginal consumers in Victoria from
improving their energy efficiency. The Springvale
Community Aid and Advice Bureau project also has a
focus on vulnerable consumers. It aims to trial energy
efficiency interventions within the local culturally and
linguistically diverse communities.
CUAC welcomed the appointment of the Minister for
Consumer Affairs Victoria, The Hon. Heidi Victoria
and the Minister for Energy and Resources, The Hon.
Nicholas Kotsiras in March this year, and looks
forward to working with both Ministers and their
departments. The Board also wishes to sincerely thank
the now Treasurer, The Hon. Michael O’Brien for his
significant support and engagement when previously in
those roles.
CUAC’s Board this year farewelled Chairperson Sylvia
Davey and Director Sandra Slatter. We are grateful for
their leadership and guidance during their time on the
Board. We were pleased to welcome Andrew Bell as a
Director. Andrew is well-qualified for this role with
experience at the Australian Competition and
Consumer Commission in addition to his current career
as a barrister with the Victorian bar.
This year has seen unprecedented demand for CUAC’s
views and input at regulatory and industry events and
in consultation processes and reviews. This report
highlights the extent of CUAC’s influence and effective
representations across a broad range of government,
regulatory and industry activity. Together with its
-1- CUAC ANNUAL REPORT 2012/13
proactive research output, this adds up to an
astounding amount of work given the size and
resources of the organisation.
My thanks go to the Directors of the Board for their
insight, support and enthusiastic engagement over the
year. On behalf of the Board, I wish to thank the
Executive Officer and the CUAC team for their loyalty,
energy and substantial work during the year.
Fanoula Ferro
Deputy Chair
CUAC ANNUAL REPORT 2012/13 -2-
Executive Officer’s report
Driving energy prices down by getting good policy
settings in place has been a major focus of CUAC’s
research and advocacy during 2012/2013.
Continuing our advocacy on network costs, CUAC
welcomed the Standing Council on Energy and
Resources (SCER) Review of the Limited Merits Review,
meeting with and making submissions to the Expert
Panel and government advisers ahead of the
announcement of the new decision-making framework,
expected towards the end of 2013.
Our research into market concentration in Victoria also
added weight to ongoing concerns that choice of
retailer alone does not necessarily deliver lower retail
prices. Our paper Market power in the Victorian retail
energy market confirmed that market concentration
remains high, particularly in the gas market, despite
continuing strong market churn rates. We therefore
welcomed the Essential Services Commission’s research
paper on electricity retail margins, released in May.
The findings confirmed our concerns that retail margins
in electricity had increased, rather than decreased,
since full retail price deregulation in Victoria in 2009.
We believe that more national research is needed in
order to fully identify the drivers and to develop
appropriate policy solutions to address cost of living
pressures and affordability.
We were pleased that the policy platform adopted by
the state government in its roll-out of smart meters and
flexible pricing largely reflects CUAC’s advocacy for a
voluntary approach to flexible pricing combined with a
proactive government communications campaign and
an independent comparator site. CUAC believes that to
make good retail energy choices, consumers need an
independent comparator site which can accurately
analyse offers and help consumers to identify the best
deals based on individual households’ consumption
patterns and capacity to change energy use
behaviours.
The announcement of the Energy Information Fund to
assist not-for-profit organisations to develop and
deliver information to multicultural, disadvantaged and
vulnerable consumers was the culmination of a number
of years of CUAC advocacy, and we commend the
Minister for Energy and Resources, The Hon. Nicholas
Kotsiras, for this initiative. CUAC is very pleased to be
developing a project to support agencies in this work
including the establishment of the energyinfohub
website. The website will provide a “go to” resource
for organisations that deliver direct services such as
emergency relief, financial counselling and information
and support.
Our proactive research agenda has delivered some
substantial outcomes this year. Our research into fixed
term contracts revealed consumer dissatisfaction with
the current rules. Consumers face search costs when
they look for a better deal, but fixed term contracts that
allow price increases and impose exit fees can quickly
undo any advantage, undermining the value of
switching efforts. In the coming year, CUAC, together
with Consumer Action, will seek change to rules that
allow such contracts.
Our door-to-door research added to national and
Victorian understanding of consumer detriment and
contributed to regulatory prioritisation and action. Our
research into the growing phenomenon of energy re-
selling (where consumers buy electricity from a re-seller
rather than a licensed retailer) in high rise
developments has informed the development of the
Australian Energy Regulator’s guidelines, and has
been identified by the Victorian government as an
issue to be addressed.
Ensuring the regulatory framework maximises effective
consumer participation and protects the vulnerable is a
central tenet for CUAC. Over the course of this year we
have worked to ensure that important consumer
protections are maintained during the transition
process to harmonise the Victorian Energy Retail Code
and Guidelines with the National Energy Customer
Framework.
-3- CUAC ANNUAL REPORT 2012/13
The pass-through of desalination costs to consumers
was always going to make the Water Price Review for
2013—2018 a difficult one. As it happened, eighty-
five percent of the price increases proposed to the
Essential Services Commission (ESC) by the
metropolitan water retailers and Western Water were
due to the desalination plant. CUAC worked with
industry to improve consumer engagement and
hardship provisions and, because of the extent of the
proposed price increases, advocated in submissions to
the regulator for further improvements. We were very
pleased when the ESC allowed an additional
$5,250,000 million over five years to assist customers
to manage the price increases. We are keen to
continue to work with the industry to develop measures
for support to customers who find themselves in
payment difficulty and hardship.
For some years now CUAC has been advocating for
increased funding to support the establishment of a
national energy advocacy body, starting with a joint
research project with Consumer Action and followed
by joint auspice of a national proposal to the SCER. In
this period we engaged with and presented joint
submissions to the expert lead consultation process
established by SCER. Happily, SCER has announced in
-principle support for the establishment of this body by
July 2014. CUAC will continue to work with other
consumer organisations towards an effective and
independent structure.
Fanoula Ferro has already pointed to the importance
of our collaborative work with the community sector. I
am very proud that this has contributed to two
organisations’ successful project applications to the
Low Interest Energy Efficiency Program (LIEEP). The
announcement of just over $6 million dollars for the
Kildonan UnitingCare Koori Energy Efficiency Project
in partnership with Koori agencies and CUAC was a
great outcome. We are looking forward to working
closely with all of the organisations over the three
years of implementation.
CUAC also assisted the Springvale Community Aid
and Advice Bureau in the development of its successful
LIEEP application, which will provide more than $2
million for a large program testing the effectiveness of
a range of energy efficiency interventions targeted at
low-income clients from diverse cultural and linguistic
backgrounds. We congratulate both of these
organisations and wish them the best in achieving
great outcomes for vulnerable Victorians.
In addition to our work advocating on the findings and
recommendations of our research, our small and
dedicated team at CUAC combined to produce 20
submissions, to represent CUAC on 27 government,
regulatory, industry and consumer committees, and to
deliver 22 presentations to conferences and events
around the country. I would like to thank Deanna
Foong, David Stanford (who took up a new position
with the VCOSS in the last part of the financial year)
and Caitlin Whiteman for their incredibly hard work
and great outcomes. Caitlin has moved to head up the
energyinfohub Project in the coming year, and we
have therefore welcomed Martin Jones and Loren Days
to our team and look forward to their contributions in
2013/14.
My thanks also go the CUAC Board Directors,
particularly Chairperson Sylvia Davey and Deputy
Chair Fanoula Ferro, for their great support.
Jo Benvenuti
Executive Officer
CUAC ANNUAL REPORT 2012/13 -4-
Consumer issues: energy
Smart meters and flexible
pricing Flexible pricing
CUAC was heavily engaged in policy and regulatory
processes relating to the Victorian smart meter roll-out
throughout 2012/13, participating in meetings of the
the Advanced Metering Infrastructure (AMI) Ministerial
Advisory Council, Regulatory Working Group and
Communications Working Group. CUAC also
responded in writing to Department of State
Development, Business and Innovation (DSDBI)
(formerly Department of Primary Industries) papers on
flexible pricing and metering contestability.
For some time, CUAC has argued that flexible pricing
should be voluntary, and that consumers who try a
flexible tariff should, if they find it unsuitable, be able
to return to their previous flat tariff without penalty. We
have also advocated for consumers’ access to their
own consumption data, and for provision of an
independent price comparator capable of comparing
offers on the basis of this data.
We therefore welcomed Victorian Government
decisions to ensure that flat tariffs continue to be
offered, to require customers’ explicit informed consent
to flexible tariffs, and to see that retailers and
distributors supply customer smart meter data at no
charge. In 2012/13, CUAC also welcomed and gave
feedback on the development of the Government’s
independent price comparison website.
Metering contestability
Victoria’s derogation to the National Electricity Rules,
which supports Victoria’s smart meter rollout, will
expire on 31 December 2013. With the expiry of this
derogation, Victoria may see the introduction of
contestability in those metering and data services that
are currently provided only by distributors.
In April 2013, CUAC raised concerns about the risk
that metering contestability, at this time, could create
consumer confusion and jeopardise the realisation of
benefits from the mandatory smart meter roll-out. We
argued for a cost-benefit analysis that would take into
account the customer experience of the roll-out. We
welcomed the Minister for Energy and Resources’ June
2013 request for an extension of the derogation. The
request articulated many of the concerns we had
raised about metering contestability.
National smart meter processes
In November 2012, the Standing Council on Energy
and Resources’ (SCER) Energy Market Reform Working
Group released its final report on smart meter
customer protections. This report reflected some of the
suggestions that CUAC made previously in 2009 and
2012.
Drawing on our knowledge of the Victorian smart
meter roll-out, in June 2013 we provided a further
submission on national smart meter issues, this time
regarding the draft Statutes Amendment (Smart
Meters) Bill 2013.
Energyinfohub project
Over several years of involvement in smart meter
issues, CUAC has been advocating for consumer
education and information initiatives to accompany the
roll-out of this new technology and its associated
reforms. We have also argued that such initiatives must
include disadvantaged consumers.
In early 2013, DSDBI decided to create an Energy
Information Fund (EIF). The EIF will give grants to not-
for-profit organisations to adapt, develop and/or
deliver information to multicultural, disadvantaged,
vulnerable and hard-to-reach Victorian consumers. The
Fund’s objective is to educate and empower these
consumers to make informed decisions about energy.
-5- CUAC ANNUAL REPORT 2012/13
Over January to June 2013, CUAC worked closely
with the Department to refine design of the EIF.
Following a CUAC proposal, in April 2013, the
Department also approved funding for a 12-month
CUAC project designed to support implementation of
the EIF. The project will see CUAC promoting the EIF to
community sector organisations, offering support
during both the application and delivery phases, as
well as facilitating community sector feedback to the
Department.
CUAC will also be producing resources, including a set
of community worker energy guides, each with
associated tools and resources (such as brochures,
videos and posters). Fund applicants and other
community organisations will be able to use and/or
adapt these materials in their activities with clients and
members. In addition, CUAC will develop an
‘energyinfohub’ website that provides information
about applying to the EIF and houses a repository of
CUAC’s guides, EIF outputs and other high-quality
energy consumer education materials.
Over the April—June 2013 period, CUAC began
engagement work, meeting and discussing the EIF and
CUAC project with several community and consumer
organisations. We also developed a Terms of
Reference for an EIF Advisory Reference Group and
planned its first meeting.
CUAC also began work on resource development in
the 2012/13 financial year. We planned the
energyinfohub website’s name, branding, look and
feel and features, and put together a Request for
Quotation for website build. CUAC also began
planning and drafting its suite of community worker
guides.
Retail energy market
Market concentration
In December 2012, CUAC completed an analysis of
concentration in Victorian retail energy markets. As
detailed in our policy issues paper, Market power in
the Victorian retail energy market, the research found
that concentration remains high some years after price
de-regulation, particularly in gas and business
markets.
In early 2013, CUAC met with stakeholders to discuss
the research findings and their implications for
competition effectiveness. This advocacy included
several high-level meetings with DSDBI, the Australian
Competition and Consumer Commission (ACCC), the
Australian Government Department of Resources,
Energy and Tourism (DRET), the Australian Energy
Regulator (AER), the Office of the Prime Minister and
the Victorian Minister for Energy and Resources.
Fixed term contracts
Over 2012/13 CUAC advocated for regulatory reform
to make energy retail contracts fairer for consumers.
This work focused on retail contracts that combine a
fixed term of up to 36 months, the ability for retailers
to increase prices during the term, and the imposition
of exit fees for early termination.
In late 2012, CUAC surveyed Victorian consumers on
their experiences and opinions regarding fixed term
contracts. This survey found overwhelming support for
regulatory reform. Subsequently, CUAC developed two
papers calling for regulation to prevent energy retailers
increasing tariffs during fixed term contracts with exit
fees. We circulated these papers and advanced our
reform proposals in meetings with the Essential
Services Commission (ESC) and the Minister for Energy
and Resources.
Continuing our work on fixed term contracts, in 2013
CUAC together with the Consumer Action Law Centre
(Consumer Action) applied for Consumer Advocacy
Panel funding for a project that will seek a change to
the National Energy Retail Rules preventing unilateral
variation of prices/tariffs in contracts. This application
was approved in June 2013.
Price comparison and switching services
Following on from earlier research into the accuracy
and reliability of energy retail price comparison and
switching websites, in July 2012 CUAC finalised
development of a set of principles for a voluntary code
of practice for such sites. These principles were
endorsed by 12 consumer and community
organisations and circulated to government, regulatory
and industry stakeholders.
CUAC ANNUAL REPORT 2012/13 -6-
We began work establishing a working group to
progress development of the voluntary code, gaining
general support from some switching site operators
and from Energy Assured Limited (EAL), the existing
self-regulatory scheme on energy door-to-door selling.
CUAC will continue work on the code in 2013/14.
Door-to-door selling
Throughout 2012/13, CUAC continued to advocate on
door-to-door selling issues through our submission,
committee and research work. We represented
consumer views on the EAL Stakeholder Working
Group and Consumer Affairs Victoria (CAV) Energy
Marketing Working Group. In August 2012, CUAC
made a submission to the House of Representatives
Standing Committee on Social Policy and Legal Affairs
in support of the proposed Do Not Knock Register Bill
2012.
In November 2012, CUAC completed a research
project evaluating the effectiveness of the range of
policy approaches to door-to-door selling. The
research report, Minimising consumer detriment from
energy door-to-door sales, was launched at CUAC’s
December 2012 Research Insights event.
Subsequently, CUAC met with national and Victorian
regulators, government, industry and other consumer
groups to advocate on the basis of the report’s findings
and recommendations. In line with one of these
recommendations, EAL committed to making data
about the self-regulatory scheme’s implementation and
outcomes available at more regular intervals. Prompted
by another recommendation in CUAC’s report,
Consumer Action developed an online system enabling
consumers to quickly and easily opt out of door-to-
door selling by requesting addition to all retailers’ ‘No
Contact’ lists.
National Energy Customer
Framework
During 2012/13, CUAC continued to advocate for the
retention of key Victorian consumer protections in the
implementation of the National Energy Customer
Framework (NECF).
In August 2012, CUAC wrote to the Prime Minister, the
Australian Government Minister for Energy, and DRET
highlighting our concerns that NECF implementation
would mean a diminution in protections for Victorian
consumers. We argued that any national regime
should aim to deliver best practice consumer
protections. We reiterated these positions in a
submission and public hearing presentation to the
Senate Select Committee on Electricity Prices.
In December 2012, the ESC began consultation on the
harmonisation of the Energy Retail Code and
Guidelines with the NECF. CUAC played a lead role in
preparing a joint consumer and community
organisation response, submitted in February 2013.
We offered in-principle support for harmonisation, but
expressed concern about aspects of the proposed
Energy Retail Code Version 11 which, if implemented,
would lower protections for Victorian energy
consumers. CUAC also raised these concerns at the
Commission’s workshop in May 2013.
Distribution pricing
Limited Merits Review
In 2012/13, CUAC continued its advocacy for reform
of the Limited Merits Review Regime, making two
submissions to the SCER’s ongoing Review of the
Limited Merits Review Regime. We made two
submissions on the process and gave feedback to the
Review’s Expert Panel on their initial proposals. We
also presented on the Limited Merits Review regime at
the ACCC’s July 2012 Regulatory Conference, and
advocated directly to the Prime Minister and SCER
ministers, calling for quick action to reform the regime.
In June 2013, the SCER released a Consultation Draft
Legislation for the National Electricity and Gas Laws,
along with its decision Regulation Impact Statement.
The legislation contained several provisions that CUAC
had lobbied intensively for. Among these were
provisions prohibiting network businesses passing
review costs through to consumers and requirements
that the Australian Competition Tribunal give regard to
consumer views and only make decisions that are
materially preferable for consumers’ long-term
interests. CUAC attended a public forum on the draft
legislation, and will prepare a written submission in
2013/14.
-7- CUAC ANNUAL REPORT 2012/13
Network regulation rules
In February 2013, the AER appointed CUAC to the
Consumer Reference Group (CRG) for its Better
Regulation Program, which aims to develop new
guidelines to support the implementation of the recently
revised network pricing rules and the Power of Choice
review.
CUAC attended a number of CRG meetings in 2013,
and also met with the CEO and Chair of the AER to
discuss the Better Regulation Program. Our initial
advocacy in this area focussed on the work streams
relating to confidentiality, network service provider
engagement with consumer organisations, and
implementation of the Power of Choice review.
CUAC also participated in an Australian Energy
Market Commission (AEMC) consultation forum on
forecasting energy demand for the purposes of setting
network prices. This will feed into AEMC advice to the
SCER.
CUAC met with SP AusNet regarding their
transmission pricing submission to the AER, discussing
approaches that SP AusNet can use to better engage
with the community on both their transmission and
distribution operations.
Re-selling
In November 2012, CUAC finalised its research into
energy re-selling with publication of the report
Growing gaps: consumer protections and energy re-
sellers. The report, which was launched at CUAC’s
Research Insights event in December 2012, identified
gaps in consumer protections for consumers who buy
their electricity from a re-seller, rather than from a
licensed energy retailer.
This work established CUAC as an expert in energy re-
selling. Following the launch, the ESC forwarded the
research report to WINenergy, which then sought a
meeting with CUAC. CUAC was also invited to meet
with the AER and discussed the research findings and
recommendations with the Minister for Energy and
Resources. Government is aware of the issues
surrounding energy re-sellers and is now considering
how these might be addressed.
CUAC also drew upon the findings from this research
in submissions to the ESC on two re-sellers’
applications for retail licenses, and in response to the
AER’s consultation on its revised Retail Exempt Selling
Guideline.
Consumer advocacy
National Energy Consumer Advocacy Body
Over recent years, CUAC has been advocating for
funding to support the establishment of a national
energy advocacy body. In 2012/13, we jointly
auspiced a national consumer sector proposal to the
SCER. We participated in the SCER’s national
consumer advocacy body consultation process,
presenting a joint submission and engaging with the
expert reviewers.
Following a report from the reviewers, in May 2013
the SCER agreed in principle to establish such a body,
with initial set up from 1 July 2014. Coming after
years of research and advocacy, this was a milestone.
SCER has asked officials to develop a detailed
implementation plan for SCER’s consideration by the
end of 2013. This process may involve further
stakeholder consultation, in which CUAC will be an
active participant.
Consumer engagement
In May and June 2013, CUAC began work on a
research project investigating best practice in consumer
engagement. Drawing on a literature review and
qualitative interviews with consumer advocates, CUAC
will develop a set of consumer engagement principles
to assist industry, regulators and government.
Energy efficiency
In 2012/13, CUAC was a participant in the One
Million Homes Alliance, a coalition of Victoria-based
consumer, social welfare, energy and environmental
organisations that advocates for investment in energy
and water efficiency of Victorian housing stock. We
contributed to development of the Alliance’s strategy
and its research and advocacy work.
During the year, we also worked with Kildonan
UnitingCare and the Springvale Community Aid and
CUAC ANNUAL REPORT 2012/13 -8-
Advice Bureau in support of their successful
applications for Australian Government Department of
Climate Change and Energy Efficiency funding under
the Low Income Energy Efficiency Program.
-9- CUAC ANNUAL REPORT 2012/13
water businesses be permitted to allocate $5.25 million
to support customers experiencing hardship. In June
2013, CUAC participated in the Vulnerable Customer
Taskforce Innovation workshop, discussing existing and
potential approaches to affordability. We will continue
to work with water businesses to explore options to
target assistance to people in payment difficulty.
Finally, following the Commission’s final decision,
CUAC joined with other consumer and community
organisations in calling for a review of the water
concessions framework in light of the coming price
increases.
Melbourne Water over-recovery
At the close of the 2011/12 financial year, CUAC
(with endorsement from a number of consumer and
community organisations) had written to the Minister
for Water and the Chairperson of the ESC regarding
Melbourne Water’s over-recovery of revenue due to
delays in construction of the desalination plant.
Subsequently, the Commission has been overseeing the
return of monies to customers. In line with CUAC’s
suggestion that the ESC review its mechanisms for re-
opening price determinations, the Commission now
has greater flexibility to re-open determinations where
an uncertain or unforseen event has a material impact
on previously approved prices.
Payment difficulties and
hardship
Debt management powers
For a number of years, rural and regional urban water
businesses have had debt recovery powers including
the power to charge interest on overdue accounts and
to place a charge on properties. In the previous
financial year, the Water Amendment (Governance
and Other Reforms) Bill 2012 extended those debt
recovery powers to the metropolitan water businesses.
Consumer issues: water
Pricing
2013—2018 Water Price Review
During 2012/13, CUAC continued to be heavily
involved in the Essential Services Commission’s (ESC)
2013—18 Water Price Review, providing three joint
submissions to the Commission. CUAC’s advocacy
focused on the greater Melbourne area because of the
steep price increases of up to 32 per cent proposed by
metropolitan water businesses.
CUAC’s submissions to the Water Price Review process
had urged the ESC to closely scrutinise water
businesses’ proposed operating and capital
expenditures. The Commission’s final decision,
released in June 2013, identified $1 billion in savings,
constraining price increases to between 12 and 25 per
cent over the regulatory period.
Together with other consumer advocates, CUAC had
urged the Commission to consider directing
Melbourne Water to spread the cost of desalination
plant payments over the 50-year life of the plant,
rather than the 27 years proposed. This would have
seen costs met by those consumers benefiting from the
plant, helping to reduce costs for current customers.
The ESC’s Draft Decision required Melbourne Water to
reconsider and resubmit its proposals after consulting
with consumers. In its Final Decision, the Commission
approved the plan to recoup costs over 27 years.
However, it will revisit the issue after three years.
In addition to submissions to the ESC, CUAC engaged
directly with businesses on their Water Plans. We
provided written feedback on plans, met with business
staff and consultants, and, in May 2013, participated
in a Melbourne Water workshop.
Throughout the Water Price Review process, CUAC’s
submissions and engagement highlighted the need to
support low income and vulnerable customers, who
will be most impacted by price rises. We welcomed the
Commission’s proposal that the greater metropolitan
CUAC ANNUAL REPORT 2012/13 -10-
During 2012/13, CUAC focused on ensuring that in
the regulation of these powers, the ESC developed
appropriate protections for customers experiencing
payment difficulty and financial hardship. In response
to the Commission’s Consultation Paper and Draft
Decision, CUAC led two joint submissions, both
endorsed by other consumer and community
organisations. We argued that concession cardholders
and customers experiencing financial hardship should
not be subject to interest charges. This proposal was
adopted by the ESC and incorporated into the
regulations.
Urban water policy
Office of Living Victoria Environment and
Community Taskforce
Over the previous two financial years, CUAC had
been engaged in consultation processes that led to the
development of the Government’s Living Melbourne,
Living Victoria policy, and to the formation of the
Office of Living Victoria. The Office of Living Victoria
reports to the Minister for Water and is charged with
implementing the Living Melbourne, Living Victoria
policy, a whole-of-system approach to planning and
servicing Victoria’s urban water needs.
In 2012/13, CUAC was asked to participate in the
Office of Living Victoria’s Environment and Community
Taskforce, which will consider the environmental and
social policy issues associated with developing and
implementing an integrated water cycle management
approach in Melbourne and regional Victoria. CUAC
is looking forward to participating in the taskforce
along with other community organisations.
National urban water policy
As a member of the Urban Water Stakeholder
Reference Panel, CUAC continued to provide expert
consumer advice to the Australian Government on the
design and implementation of urban water programs
for cities and towns. The panel has considered and
provided advice on a range of matters, including:
National Urban Water and Desalination Plans; the
National Water Security Plan for Cities and Towns; the
Water Efficiency Opportunities Program and the
Council of Austalian Governments’ Work Program on
Water.
Water efficiency
The national Water Efficiency Labelling and Standards
(WELS) scheme requires certain products to be
registered and labelled with their water efficiency,
thereby helping consumers to save water and energy
and reduce household bills. The Water Efficiency
Labelling and Standards Advisory Group (WELSAG)
was established in 2011 following an independent
review of the WELS scheme. CUAC took part in that
review and was subsequently appointed to WELSAG
by the then Parliamentary Secretary for Sustainability
and Water, the Hon. Don Farrell. Throughout
2012/13 CUAC, as a member of the WELSAG,
provided advice on strategic directions,
communications and marketing, compliance and
enforcement.
-11- CUAC ANNUAL REPORT 2012/13
Aboriginal Energy and Water Project
In 2012/13, CUAC continued work on projects
flowing from our December 2011 research
reportWein, Paen, Ya Ang Gim: Victorian Aboriginal
Experiences of Energy and Water.
Koorie Energy Efficiency
Project
In early 2012, CUAC had partnered with Kildonan
UnitingCare and other organisations to develop a
consortium submission to the Low Income Energy
Efficiency Program (LIEEP), seeking funding for a
Koorie Energy Efficiency Project (KEEP). The
application and project design drew on findings from
CUAC’s 2011 research. In December 2012, the
Department of Climate Change and Energy Efficiency
awarded just over $6 million in funding for the project.
The KEEP aims to address capital constraints and
information failure as barriers that prevent low income
Aboriginal consumers in Victoria from improving their
energy efficiency. The project will trial a range of
strategies to assist the consumers manage energy use
and costs, including tailored educational tools,
information sessions, community consultation, energy
assessments and retrofits. The data collected will be
used to assess the effectiveness of projects aimed at
causing energy efficiency improvements within
targeted communities.
As a member of the KEEP Partnership Group in
2012/13, CUAC contributed its expertise to initial
implementation of the project, and drew on its
partnerships to invite involvement from Aboriginal
community leaders.
Consumer information
materials
In June 2013, CUAC designed and developed a
brochure and set of appliance magnets that provide
energy and money saving tips tailored to the Victorian
Aboriginal community. In 2013/14, CUAC plans to
distribute these materials to both Melbourne and
regional Victorian Aboriginal agencies and
communities that assisted with, or participated in, the
2011 Aboriginal Energy and Water Project research.
Reconciliation Action Plans
In May and June 2013, CUAC undertook initial
planning for a water businesses’ Reconciliation Action
Plans workshop. The aim of this work is to support
water businesses to develop Reconciliation Action
Plans, enabling improved relationships and outreach
with Victorian Aboriginal communities.
CUAC ANNUAL REPORT 2012/13 -12-
Advocacy activity
Submissions
During 2012/13, CUAC made 20 individual or joint
submissions on consumer utilities issues, mostly
directed towards Victorian and national regulators. A
majority of these submissions dealt with energy issues,
with pricing and consumer protections two key areas
of focus. CUAC made six submissions on water issues,
covering pricing and consumer protections.
Energy consumer protection
Date To Issue
07.08.2012 House of Representatives Standing
Committee on Social Policy and
Legal Affairs
Inquiry into the Do Not Knock Register Bill 2012
19.12.2012 Australian Energy Regulator AER Retail Exempt Selling Guideline
13.02.2013 Essential Services Commission Harmonisation of Energy Retail Codes and Guidelines with the National Energy
Customer Framework—Consultation Paper (joint submission)
Energy monitoring & compliance
Date To Issue
26.04.2013 Essential Services Commission Guideline 22: Regulatory Audits of Energy Businesses—Draft Decision
Energy pricing
Date To Issue
02.07.2012 Department of State Development,
Business and Innovation Introduction to Flexible Pricing—Position Paper (confidential submission)
27.08.2012 Expert Panel for the Review of the
Limited Merits Review Regime
Stage 2 of the Review of the Limited Merits Review Regime—Discussion Paper
12.09.2012 Senate Select Committee on
Electricity Prices
Inquiry into Electricity Prices
08.02.2013 Standing Council on Energy and
Resources
Limited Merits Review— Regulatory Impact Statement
29.04.2013 Department of State Development,
Business and Innovation Flexible Pricing Implementation—Implementing the Flexible Pricing Consumer Protections
by Order in Council (confidential submission)
-13- CUAC ANNUAL REPORT 2012/13
Energy consumer advocacy
Date To Issue
07.03.2013 Standing Council on Energy and
Resources
Proposal for a National Energy Consumer Advocacy Body– Preliminary Statement of
Issues and Questions for Consultation (joint submission)
Water consumer protection and hardship
Date To Issue
10.08.2012 Essential Services Commission Monitoring the return of the unrequired desalination payments
21.09.2012 Essential Services Commission Water Customer Service Codes Review 2012 Regulation of Debt Management Powers—
Consultation Paper (joint submission)
16.11.2012 Essential Services Commission Water Customer Services Codes Review 2012: Regulation of Debt Management
Powers—Draft Decision (joint submission)
Water pricing
Date To Issue
24.08.2012 South East Water Addendum to South East Water’s Draft 2013-2018 Water Plan
25.01.2013 Essential Services Commission Water Price Review 2013-2018 (joint submission)
21.05.2013 Essential Services Commission Price Review 2013: Greater Metropolitan Water Businesses—Draft Decision (joint
submission)
Licensing
Date To Issue
25.07.2012 Essential Services Commission WINenergy Retail Pty Ltd Application for Electricity Retailer Licence
12.12.2012 Essential Services Commission WINenergy Application for Electricity Retailer Licence
CUAC ANNUAL REPORT 2012/13 -14-
Date To Issue
03.04.2013 Department of State Development,
Business and Innovation Transitional Arrangements for the Expiry of the Victorian AMI Derogation – Consultation
Paper (confidential submission)
14.06.2013 Standing Council on Energy and
Resources Statutes Amendment (Smart Meters) Bill 2013
Smart meters
Committee representation
Staff represented CUAC on the following groups in
2012/13:
Area Body Group
Government
Consumer Affairs Victoria Energy Marketing Working Group
Consumer Affairs Victoria Working Together Forum
Federal Government Department of Sustainability,
Environment, Water, Population and Communities
Urban Water Stakeholder Reference Panel
Federal Government Department of Sustainability,
Environment, Water, Population and Communities
Water Efficiency Labelling and Standards Scheme Advisory Group
Victorian Government Department of State Development,
Business and Innovation
Advanced Metering Infrastructure Ministerial Advisory Council
Victorian Government Department of State Development,
Business and Innovation
Advanced Metering Infrastructure Regulatory Working Group
Victorian Government Department of State Development,
Business and Innovation
Advanced Metering Infrastructure Communications Working
Group
National Health and Medical Research Council Water Quality Advisory Committee
Victorian Government Department of Health Safe Drinking Water Reference Group
Regulatory
Australian Energy Regulator Customer Consultative Group
Australian Energy Regulator Consumer Reference Group
Essential Services Commission Customer Reference Panel
Industry
Origin Energy National Customer Consultative Council
SP AusNet Stakeholder Consultative Committee
Jemena Stakeholder Consultative Committee
United Energy and Multinet Gas Customer and Community Consultative Committee
- National Energy Industry and Consumer Forum
South East Water Customer Advisory Committee
Water Services Association of Australia Urban Water Policy Project Stakeholder Reference Group
Energy Assured Energy Assured Stakeholder Working Group
Smart Utilities Stakeholder Working Group
-15- CUAC ANNUAL REPORT 2012/13
Community
sector
Consumers’ Federation of Australia Executive Committee
Australian Communications Consumer Action Network Standing Advisory Committee on Consumer Affairs
Victorian Council of Social Service Utilities Working Group
- National Consumer Roundtable on Energy
- One Million Homes Alliance
Kildonan UnitingCare Koorie Energy Efficiency Project Partnership Group
CUAC ANNUAL REPORT 2012/13 -16-
Presentations
During 2012/13, CUAC made 22 presentations on
energy and water issues to a broad range of
community sector, government, industry, and
community audiences.
Date Event Title
11.07.2012 Council on the Ageing Australia (Victoria), Need to
Know session
How will the carbon tax impact on you?
18.07.2012 Energy Roundtable, Research Showcase Aboriginal Energy and Water Project
27.07.2012 Australian Competition and Consumer Commission,
Regulatory Conference
The involvement of consumers in reviews by the Australian
Competition Tribunal of Australian Energy Regulator revenue
determinations
22.08.2012 National Seniors Austalia, Knox branch meeting Smart meters and saving money on my energy bill
29.08.2012 Australian Energy Market Commission, Public Forum
on Strategic Priorities for Energy Market Development
Strategic priorities for energy retail market development
29.08.2012 Society of Consumer Affairs Professionals Australia,
International Symposium
Addressing key issues facing the sector
30.08.2012 Society of Consumer Affairs Professionals Australia,
International Symposium
The people who don’t complain (panel discussion)
23.10.2012 Kildonan UnitingCare Industry Day
CUAC’s Victorian Aboriginal Experiences of Energy and Water –
research findings and recommendations
20.11.2012 Smart Utilities Australia New Zealand Tackling energy poverty in Australia: a consumer perspective
20.11.2012 Smart Utilities Australia New Zealand Interactive Industry Session: Retailers and Distributors Roundtable
3.12.2012 CUAC, Research Insights Minimising consumer detriment from energy door-to-door sales
3.12.2012 CUAC, Research Insights Concerning concentration: market power in the Victorian retail
energy market
3.12.2012 CUAC, Research Insights Growing gaps: consumer protections and energy re-sellers
22.01.2013 National Energy Industry and Consumer Forum The Energy Consumers Australia proposal
8.02.2013 Essential Services Commission, Staff Planning Day How does the Essential Services Commission look to the external
world?
14.03.2013 Council on the Ageing Victoria Energy consumer issues
15.03.2013 Australian Competition and Consumer Commission,
Consumer Congress
Energy markets and consumers: a crystal ball (panel discussion)
15.03.2013 Australian Competition and Consumer Commission,
Consumer Congress
Minimising consumer detriment from energy door-to-door selling
23.05.2013 Power Pricing 2013 The challenges of flexible pricing (panel discussion)
-17- CUAC ANNUAL REPORT 2012/13
23.05.2013 Power Pricing 2013 Smart meters and consumer acceptance (panel discussion)
28.05.2013 Credit and collections in energy and water 2013:
Balancing commercial obligation with social
responsibility
Examining the research to assist in delivering improved services to
disadvantaged customers
03.06.2013 Australian Energy Market Commission, Strategic
Planning event
Australian Energy Market Commission consumer priorities and
perspectives
CUAC ANNUAL REPORT 2012/13 -18-
Communications
Website
During 2012/13, CUAC continued to maintain its
recently re-developed website. The website houses all
CUAC public submissions, research reports, policy
papers, presentations and media releases, as well as
key corporate documents. CUAC’s website is
supported by a Twitter account, which was used during
2012/13 to disseminate CUAC work, share news
relevant to Victorian energy and water consumers and
comment on policy and regulatory developments.
CUAC newsletter
POWER+WATER
During 2012/13, CUAC continued publication of its tri
-annual newsletter, POWER+WATER.
The newsletter targets both specialist and non-specialist
audiences with news about CUAC’s advocacy and
research work as well as state and national policy
developments relevant to Victorian energy and water
consumers.
POWER+WATER is disseminated via social media and
distributed directly to government, regulatory,
community and industry stakeholders. During
2012/13, each issue was downloaded from the CUAC
website an average of around 340 times.
Reports and papers
CUAC published two major research reports in
2012/13:
Growing gaps: consumer protections and
energy re-sellers (December 2012)
Minimising consumer detriment from energy
door-to-door sales (December 2012)
CUAC also produced a Policy Issues Paper:
Market power in the Victorian retail energy
market: an analysis of market share and
concentration (December 2012)
All of these publications were launched on December 3
at CUAC’s Research Insights event, which also
showcased recent research funded through CUAC’s
external research and advocacy program.
Finally, CUAC published three short papers that
supported advocacy on key energy retail market
issues. The papers were:
Fixing up fixed term contracts: what are
consumers saying? (November 2012)
Fixing up fixed term contracts: your questions
answered (November 2012)
Principles for a Voluntary Code of Practice for
price comparison and switching services (July
2012)
All of CUAC’s reports and papers in 2012/13 were
distributed in hard copy to key stakeholders and
promoted via our website, Twitter, and newsletter, with
each receiving between around 200 and 700
downloads from the CUAC website.
-19- CUAC ANNUAL REPORT 2012/13
External research & advocacy program
Projects approved
In 2012/13, CUAC approved grants for three
research and advocacy projects to a total of
$32,889.80 (including GST). These projects were in
progress at the close of this financial year.
External projects approved 2012/13
Projects completed
In addition, two projects approved for funding in
2011/12 were completed during 2012/13.
La Trobe University’s research report Water Products
and Tariffs: Perceptions, Attitudes and Preferences of
Rural Seniors demonstrated an important link between
water pricing and availability and the health and
wellbeing of older residents of small rural communities.
The Victorian Council of Social Service’s (VCOSS)
Water Advocacy Project enabled VCOSS to sustain
close engagement with water businesses, participate
fully in the Water Price Review 2013—18, and
develop a more robust knowledge base on water
industry and pricing issues, adding value to VCOSS’s
advocacy on utilities and cost-of-living issues.
Recipient Project Amount (inc
GST)
Alternative
Technology
Association
The economics of demand
side water technologies
$12,070.00
Brotherhood of St
Laurence
Improving the targeting of
support for people
experiencing energy-
related hardship
$8,015.80
Consumer Action
Law Centre, with
Victorian Council of
Social Service
Impact of changes to the
Victorian energy
concessions landscape
$12,804.00
La Trobe University’s Dr Susan O’Keefe and VCOSS’
Dean Lombard both presented findings from these
research projects at CUAC’s Research Insights event on
3 December 2012.
CUAC ANNUAL REPORT 2012/13 -20-
Governance
The Directors’ Report (p. 22) details CUAC’s
compliance with its obligations under Corporations
Law. There were, however, some noteworthy
developments in CUAC’s governance in the 2012/13
financial year.
Board
There were changes to the CUAC Board in the
reporting period. Andrew Bell was appointed as a
Director on 23 January 2013, while Director Sandra
Slatter left the Board on 31 October 2012. The CUAC
Chair, Sylvia Davey, resigned on 1 May 2013.
Consumer Affairs Victoria advertised the Chair
position and at the close of the financial year this
recruitment process was still in train.
Corporate governance
On 25 March 2013, the Board adopted a
Capitalisation Policy (3B) and adopted the delegated
Authority and Financial Operations Policy (3A) in draft
form subject to a review post further advice on changes
mooted to CUAC’s accountabilities under the Public
Administration Act. These policies fit within a suite of
policies already adopted by the Board.
The Board has completed a survey evaluation of its
performance, and will review this for further Board
improvements in 2013/14.
Reference Group &
strategic planning
In 2012/13, CUAC finalised a review of its Reference
Group. As a result of this review, the former Domestic
Issues Group and Market Issues Group were
amalgamated into a single Reference Group with a
new Terms of Reference and meeting schedule. In
January, CUAC invited Reference Group membership
applications from a broad range of community
organisations. The 15 applications received were
assessed by a Board sub-committee, and the Board
subsequently approved 14 of the applications.
Reference Group members
In May 2013, the Reference Group met for an Annual
Planning Meeting, with the next major meeting
planned for early in the 2013/14 financial year.
-21- CUAC ANNUAL REPORT 2012/13
Organisation Representative
Alternative Technology
Association
Damien Moyse, Energy Projects and
Policy Manager
Brotherhood of St Laurence Dr Victoria Johnson, Research &
Policy Manager, Equity in response
to climate change
Consumer Action Law
Centre
Janine Rayner, Senior Policy Officer
– Energy
Community Information
and Support Victoria
Minh Nguyen, Sector Development
Officer
Council on the Ageing Randal Harkin, Member, Victoria
Policy Council
Council of Single Mothers
and their Children, Inc
Jane Stanley, Executive Officer
Country Women’s
Association of Victoria Inc
Marie Vassallo, Social Issues
Chairman
Financial and Consumer
Rights Council
Peter Gartlan, Executive Officer
Good Shepherd Youth and
Family Service
Tanya Corrie, Social Policy
Researcher
National Seniors Australia Neville Daynes, Member Services
Officer, Victorian State Office
Kildonan UnitingCare Joanna Leece, Senior Manager,
Financial Inclusion and Energy
Springvale Community Aid
and Advice Bureau
Rita Battaglin, Pathway and Support
Services Manager
Victorian Council of Social
Service
Dean Lombard, Senior Policy
Advisor
Victorian Farmers
Federation
Darryl Harrison, Policy Manager
Directors’ report
The Directors of the Consumer Utilities Advocacy
Centre Ltd present this report for the financial year
ended 30 June 2013.
Directors
The names of the Directors over the reporting period
are:
Directors have been in office since the start of the
financial year to the date of this report unless otherwise
stated.
No Director has any interest in business contracts or
proposed financial dealings for personal benefit with
the company declared during the financial year ended
30 June 2013.
The company is incorporated as a company limited by
guarantee and therefore does not have share capital.
The CUAC Constitution stipulates the skills and
expertise that Directors bring to the organisation. The
Chair must hold a demonstrated understanding of
regulated industries and consumer advocacy
methodologies, two Directors are appointed on the
basis of their knowledge and expertise in areas related
to the functions of the company, such as economics,
regulatory affairs, consumer affairs or communications
and the remaining two Directors represent key
consumer interests.
Directors’ meetings
During the financial year ended 30 June 2013, 8
meetings of the company’s Directors were held, and 3
were conducted by written circulation, in respect of
which each director of the company attended or
responded in writing to the following:
Company secretary
The name of the person who is a company secretary at
the end of and throughout the financial year is Jo
Benvenuti.
Operating result
The organisation incurred a surplus for the year ended
30 June 2013 of $25,331 (2012 $55,485).
Review of operations
A review of the operations of the company for the year
ended 30 June 2013 is contained in the Report on
CUAC Activities.
Name Role
Ms Sylvia Davey [to 01.05.2013] Chair
Ms Fanoula Ferro, LLB, Grad Dip Int Law [from
09.07.2012]
Deputy
Chair
Ms Sandra Slatter, CM, MIEF, Grad Dip
Entrepreneurship & Innovation, Grad Dip Arts, Civil
Ceremonies [to 31.10.2012]
Director
Ms Ronda Held, B Econ B Social Administration M
Policy & Administration [from 09.07.2012]
Director
Mr Ian Wilson, B Econ (Hons), Dip Public
Administration, MBA
Director
Mr Andrew Bell, B Eng (Hons)/BSc, LLB (Hons),
P.Grad Dip Pub Pol, LLM [from 23.01.2013]
Director
Director Meetings conducted
while a member
Meetings attended
Ms Sylvia Davey 8 7
Ms Fanoula Ferro 9 9
Ms Sandra Slatter 4 2
Ms Ronda Held 9 9
Mr Ian Wilson 11 11
Mr Andrew Bell 5 5
CUAC ANNUAL REPORT 2012/13 -22-
Significant changes in state of
affairs
No significant changes in the state of affairs of the
company occurred during the financial year ended 30
June 2013.
Principal activities
In line with CUAC’s corporate objectives (see inside
front cover), the principal activities of the company in
the course of the financial year were: to operate as an
independent advocate for Victorian electricity, gas and
water consumers, particularly low-income,
disadvantaged and rural consumers; to increase the
capacity of consumers and consumer advocates to
participate in policy and regulatory decisions on
electricity, gas and water through CUAC’s own
resources and its management of the CUAC External
research and advocacy program; undertake research
and commission research into consumer utility issues,
with a particular focus on low-income, disadvantaged
and rural consumers, and to disseminate that
knowledge as widely as possible; and to monitor
consumer utility issues, particularly those affecting low-
income, disadvantaged and rural consumers. There
were no significant changes in these activities during
the financial year.
After balance date events
No matters or circumstances have arisen since the end
of the financial year that have significantly affected or
may significantly affect the operations of the company,
the results of those operations or the state of affairs of
the company in subsequent financial years.
Ms Ronda Held was appointed as Chair effective from
8 August 2013.
Future developments
In the opinion of the Directors there are no likely
developments in the operations of CUAC which would
affect the results of future years, taking into account
that CUAC is funded on an annual basis.
Environmental issues
The company’s operations are not regulated by any
significant environmental regulation under a law of the
Federal or of a State or Territory.
Indemnities and insurance for
Directors and officers
During the financial year, the company paid a
premium in respect of a contract insuring the Directors
of the company (as named above), the company
secretary and all executive officers of the company
against a liability incurred as such a director, secretary
or executive officer to the extent permitted by the
Corporations Act 2001, to the amount of $10 million.
The company has not otherwise, during or since the
financial year, indemnified or agreed to indemnify an
officer or auditor of the company or of any related
body corporate against a liability incurred as such an
officer or auditor.
Proceedings on behalf of
company
No person has applied for leave of Court to bring
proceedings on behalf of the company or intervene in
any proceedings to which the company is a part for
the purpose of taking responsibility on behalf of the
company for all or any part of those proceedings.
Auditor’s declaration
A copy of the auditor’s independence declaration as
required under section 307C of the Corporations Act
2001 is set out on page 24.
Signed in accordance with a resolution of the Board of
Directors.
Ronda Held
Chair
Melbourne, 26 August 2013
-23- CUAC ANNUAL REPORT 2012/13
Auditor’s independence declaration
CUAC ANNUAL REPORT 2012/13 -24-
Independent auditor’s report to the members of the
Consumer Utilities Advocacy Centre Limited
-25- CUAC ANNUAL REPORT 2012/13
CUAC ANNUAL REPORT 2012/13 -26-
Directors’ declaration
The directors of the entity declare that:
1. The financial statements and notes, as set out
on pages 26 to 40, are in accordance with
the Corporations Act 2001 and:
a) comply with Australian Accounting
Standards; and
b) give a true and fair view of the financial
position as at 30 June 2013 and of the
performance for the year ended on that
date of the entity.
2. In the directors’ opinion there are reasonable
grounds to believe that the entity will be able
to pay its debts as and when they become due
and payable.
This declaration is made in accordance with a
resolution of the Board of Directors.
Ronda Held
Chair
Melbourne, 26 August 2013
-27- CUAC ANNUAL REPORT 2012/13
Statement of Comprehensive Income
for the year ended 30 June 2013
Note 2013
$
2012
$
Revenue 2 597,608 608,750
Other income 2 17,933 31,349
Grant programs expense (35,786) (20,675)
Project Expense (30,741) (38,500)
Employee benefits expense (416,338) (413,031)
Depreciation and amortisation expenses (8,754) (13,529)
Rental expense (30,092) (30,007)
Audit and accounting fees (6,033) (10,306)
Insurance expense (11,949) (13,195)
Office expenses (13,496) (11,851)
Other expenses (37,020) (33,520)
Profit before income tax
25,331
55,485
Income tax expense - -
25,331
55,485
Other comprehensive income for the year - -
Total comprehensive income for the year
-
-
Profit attributable to members of the entity 25,331 55,485
Total comprehensive income attributable to members of the entity 25,331
55,485
The accompanying notes form part of these financial statements.
CUAC ANNUAL REPORT 2012/13 -28-
Statement of Financial Position as at 30 June 2013
Note 2013
$
2012
$
ASSETS
CURRENT ASSETS
Cash and cash equivalents 3 678,008 516,247
Trade and other receivables 4 9,324 11,554
TOTAL CURRENT ASSETS 687,332 527,801
NON-CURRENT ASSETS
Plant and equipment 5 31,146 35,095
TOTAL NON-CURRENT ASSETS 31,146 35,095
TOTAL ASSETS 718,478 562,896
LIABILITIES
CURRENT LIABILITIES
Trade and other payables 6 164,165 34,859
Provisions 7 22,554 21,609
TOTAL CURRENT LIABILITIES 186,719 56,468
NON-CURRENT LIABILITIES
Provisions 7 10,753 10,753
TOTAL NON-CURRENT LIABILITIES 10,753 10,753
TOTAL LIABILITIES 197,472 67,221
NET ASSETS 521,006 495,675
EQUITY
Retained Earnings 521,006 495,675
TOTAL EQUITY 521,006 495,675
The accompanying notes form part of these financial statements.
-29- CUAC ANNUAL REPORT 2012/13
Statement of Changes in Equity
for the year ended 30 June 2013
Note 2013
$
2012
$
Balance at beginning of financial year 495,675 440,190
Profit attributable to members of the entity 25,331 55,485
Total other comprehensive income for the year - -
Balance at end of the financial year
521,006
495,675
The accompanying notes form part of these financial statements.
CUAC ANNUAL REPORT 2012/13 -30-
Statement of Cash Flows
for the year ended 30 June 2013
Note 2013
$
2012
$
CASH FLOWS FROM OPERATING ACTIVITIES
Receipts from government funding 705,606 619,171
Payments to suppliers and employees (556,973) (588,232)
Interest received 15,019 27,583
Other Income 2,914 3,766
Net cash provided by (used in) operating activities 9(b) 166,565 62,288
CASH FLOWS FROM INVESTING ACTIVITIES
Payments for plant and equipment (4,805) (2,214)
Net cash used in investing activities (4,805) (2,214)
Net increase/(decrease) in cash held 161,760 60,074
Cash and cash equivalents at beginning of the financial year 516,247
456,173
Cash and cash equivalents at the end of the financial year 9(a) 678,008
516,247
The accompanying notes form part of these financial statements.
-31- CUAC ANNUAL REPORT 2012/13
Notes to the Financial Statements
for the year ended 30 June 2013
1 Statements of significant accounting policies
The financial report is for Consumer Utilities Advocacy Centre Limited as an individual entity, incorporated and
domiciled in Australia. Consumer Utilities Advocacy Centre Limited is a company limited by guarantee.
Basis of Preparation
The financial report comprises general purpose financial statements that have been prepared in accordance with
Australian Accounting Standards (including Australian Accounting Interpretations) and the Corporations Act 2001.
Australian Accounting Standards set out accounting policies that the AASB has concluded would result in a financial
report containing relevant and reliable information about transactions, events and conditions. Material accounting
policies adopted in the preparation of this financial report are presented below and have been consistently applied
unless otherwise stated.
The financial report has been prepared on an accruals basis and is based on historical costs, modified, where
applicable, by the measurement at fair value of selected non-current assets, financial assets and financial liabilities.
Accounting Policies
a) Revenue
Grant Funding provided by the State Government is recognised as income in the reporting period in which CUAC
gains control over the underlying asset. However, for reciprocal grants (i.e. equal value is given back by CUAC to the
provider) CUAC is deemed to have assumed control when CUAC has satisfied its performance obligations under the
terms of the grant. For non-reciprocal grants, CUAC is deemed to have assumed control when the grant is receivable
or received.
Interest revenue is recognised on a proportional basis taking into account the interest rate applicable to the financial
assets.
b) Plant and Equipment
Plant and equipment are measured on the cost basis less depreciation and impairment losses.
The depreciable amount of all fixed assets are depreciated on a straight line basis over the asset’s useful life to the
entity commencing from the time the asset is held ready for use.
The depreciation rates used for each class of assets are:
Class of Fixed Asset Depreciation Rate
Plant and Equipment 5% - 25%
The assets’ residual values and useful lives are reviewed, and adjusted if appropriate, at the end of each reporting
period. Asset classes carrying amount is written down immediately to its recoverable amount if the asset’s carrying
amount is greater than its estimated recoverable amount.
CUAC ANNUAL REPORT 2012/13 -32-
Gains and losses on disposals are determined by comparing proceeds with the carrying amount. These gains or losses
are included in the statement of comprehensive income.
c) Leases
Lease payments for operating leases, where substantially all the risks and benefits remain with the lessor, are charged as
expenses over the lease term.
d) Financial Instruments
Initial recognition and measurement
Financial assets and financial liabilities are recognised when the entity becomes a party to the contractual provisions to
the instrument. For financial assets, this is equivalent to the date that the company commits itself to either purchase or
sell the asset (i.e. trade date accounting is adopted). Financial instruments are initially measured at fair value plus
transactions costs except where the instrument is classified ‘at fair value through profit or loss’ in which case
transaction costs are expensed to profit or loss immediately.
Classification and subsequent measurement
Financial instruments are subsequently measured at either fair value, amortised cost using the effective interest rate
method or cost. Fair value represents the amount for which an asset could be exchanged or a liability settled, between
knowledgeable, willing parties. Where available, quoted prices in an active market are used to determine fair value.
In other circumstances, valuation techniques are adopted.
Amortised cost is calculated as:
i. the amount at which the financial asset or financial liability is measured at initial recognition;
ii. less principal repayments;
iii. plus or minus the cumulative amortisation of the difference, if any, between the amount initially
recognised and the maturity amount calculated using the effective interest method; and
iv. less any reduction for impairment.
(i) Loans and receivables
Loans and receivables are non-derivative financial assets with fixed or determinable payments that are not quoted in
an active market and are subsequently measured at amortised cost.
(ii) Held-to-maturity investments
Held-to-maturity investments are non-derivative financial assets that have fixed maturities and fixed or determinable
payments, and it is the entity’s intention to hold these investments to maturity. They are subsequently measured at
amortised cost.
(iii) Financial liabilities
Non-derivative financial liabilities (excluding financial guarantees) are subsequently measured at amortised cost.
Impairment
At the end of each reporting period, the entity assesses whether there is objective evidence that a financial instrument
has been impaired.
Notes to the Financial Statements
for the year ended 30 June 2013 (Cont’d)
-33- CUAC ANNUAL REPORT 2012/13
e) Impairment of Assets
At the end of each reporting period, the entity reviews the carrying values of its tangible and intangible assets to
determine whether there is any indication that those assets have been impaired. If such an indication exists, the
recoverable amount of the asset, being the higher of the asset’s fair value less costs to sell and value in use, is
compared to the asset’s carrying value. Any excess of the asset’s carrying value over its recoverable amount is
expensed to the statement of comprehensive income.
f) Employee Benefits
Provision is made for the company’s liability for employee benefits arising from services rendered by employees to the
end of the reporting period. Employee benefits that are expected to be settled within one year have been measured at
the amounts expected to be paid when the liability is settled. Employee benefits payable later than one year have been
measured at the present value of the estimated future cash outflows to be made for those benefits. In determining the
liability, consideration is given to employee wage increases and the probability that the employee may not satisfy
vesting requirements. Those cash outflows are discounted using market yields on national government bonds with
terms to maturity that match the expected timing of cash flows.
Contributions are made by the entity to an employee superannuation fund and are charged as expenses when
incurred.
g) Cash and Cash Equivalents
Cash and cash equivalents include cash on hand, deposits held at-call with banks and other short-term highly liquid
investments with original maturities of three months or less.
h) Goods and Services Tax (GST)
Revenues, expenses and assets are recognised net of the amount of GST, except where the amount of GST incurred is
not recoverable from the Australian Taxation Office. Receivables and payables in the statement of financial position
are shown inclusive of GST.
Funding received from the State Government is not subject to GST.
Cash flows are presented in the statement of cash flows on a gross basis, except for the GST component of investing
and financing activities, which are disclosed as operating cash flows.
i) Income Tax
The company is deemed to be an exempt entity by virtue of Division 1AB of the Income Tax Assessment Act 1936.
j) Comparative Figures
Where required by Accounting Standards comparative figures have been adjusted to conform with changes in
presentation for the current financial year.
When an entity applies an accounting policy retrospectively, makes a retrospective restatement or reclassifies items in
its financial statements, a statement of financial position as at the beginning of the earliest comparative period must be
disclosed.
Notes to the Financial Statements
for the year ended 30 June 2013 (Cont’d)
CUAC ANNUAL REPORT 2012/13 -34-
Notes to the Financial Statements
for the year ended 30 June 2013 (Cont’d)
k) Trade and Other Payables
Trade and other payables represent the liability outstanding at the end of the reporting period for goods and services
received by the company during the reporting period which remain unpaid. The balance is recognised as a current
liability with the amounts normally paid within 30 days of recognition of the liability.
l) Economic Dependence
The continued operation of Consumer Utilities Advocacy Centre Limited is dependent on ongoing funding from the
State Government. At the date of this report, the Board of Directors has no reason to believe the Department will not
continue to support Consumer Utilities Advocacy Centre Limited.
m) New Accounting Standards for Application in Future Periods
The below table shows the relevant new and revised accounting standards (including amending standards) and
interpretations that are mandatory for full years ending 30 June 2013.
These new standards and interpretations have not been applied in the preparation of these financial statements. Other
than changes in disclosure formats, it is not expected that the initial application of these standards and interpretations
in the future will have a material impact in the financial statements.
-35- CUAC ANNUAL REPORT 2012/13
Standard Effective Date Requirements or amendments
Full Year
Ending
30/06/201
3
AASB 2012-2 1 January
2013
This Standard amends AASB 7 to include disclosures on the effect or
potential effect of netting arrangements on the entity’s financial position.
Optional
AASB 2012-5 1 January
2013
This Standard contains clarifications in the following standards:
AASB 1
AASB 101
AASB 116
AASB 132
AASB 134
Interpretation 2
Optional
AASB 119 1 January
2013
The main changes from AASB 119 as amended in December 2004 focus
on three key areas:
Recognition
- the elimination of the option to defer the recognition of gains and
losses resulting from defined benefit plans (the corridor approach).
Presentation
- the elimination of options for the presentation of gains and losses
relating to those plans.
Disclosure
- the improvement of disclosure requirements that will better show
the characteristics of defined benefit plans and the risks arising from
those plans.
The amendments also incorporate changes to the accounting for termination
benefits.
Optional
AASB 13 1 January
2013
This Standard defines, and contains measurement and disclosure
requirements about, fair value.
Optional
Notes to the Financial Statements
for the year ended 30 June 2013 (Cont’d)
2013
$
2012
$
2 Revenue and other income
Revenue from government grants and other grants:
- DG research project 580,000 565,000
- grant funding received 17,608 43,750
597,608 608,750
Other revenue:
- interest received 15,020 27,583
- other income 2,913 3,766
17,933
31,349
615,541
640,099
3 Cash and cash equivalents
Cash at bank 678,008 516,247
4 Trade and other receivables
Other receivables 9,324 11,554
9,324
11,554
CUAC ANNUAL REPORT 2012/13 -36-
Notes to the Financial Statements
for the year ended 30 June 2013 (Cont’d)
2013
$
2012
$
5 Plant and equipment
Plant and equipment - at cost 137,329 132,524
Less accumulated depreciation (106,183) (97,429)
31,146
35,095
(a) Movements in Carrying Amounts
Movement in the carrying amounts for each class of plant and equipment
between the beginning and the end of the current financial year:
Plant and
Equipment
$
Plant and
Equipment
$
Balance at the beginning of the year 35,095 46,410
Additions at costs 4,805 2,214
Depreciation (8,754) (13,529)
Carrying amount at the end of the year
31,146
35,095
6 Trade and other payables
Grants payable - 2,011
Unearned grants revenue 107,777 -
Creditors and accruals 56,388 32,848
164,165
34,859
-37- CUAC ANNUAL REPORT 2012/13
Annual Leave
$
Annual Leave
$
Opening balance at 1 July 32,362 29,600
Additional provisions raised during year 22,554 44,623
Amounts used (21,609) (41,861)
Balance at 30 June
33,307
32,362
Notes to the Financial Statements
for the year ended 30 June 2013 (Cont’d)
8 Leasing commitments
Operating Lease Commitments
Non-cancellable operating leases contracted for but not capitalised in the
financial statements:
Payable — minimum lease payments
- not later than 12 months 37,955 16,539
- later than 12 months but not later than 5 years 25,969 52,297
- greater than 5 years -
63,924
68,836
The property lease commitments are non-cancellable operating leases
contracted for but not capitalised in the financial statements with a five-year
term. Increase in lease commitments may occur in line with CPI.
2013
$
2012
$
7 Provisions
Provision for annual leave 22,554 21,609
Provision for long service leave 10,753 10,753
33,307
32,362
CUAC ANNUAL REPORT 2012/13 -38-
Notes to the Financial Statements
for the year ended 30 June 2013 (Cont’d)
2013
$
2012
$
9 Cash flow information
(a) Reconciliation of Cash
Cash at bank 687,008 516,247
(b) Reconciliation of Cashflow from Operations with
Profit after Income Tax
Profit after income tax 25,331 55,485
Non-cash flows:
Depreciation 8,754 13,529
Changes in assets and liabilities:
(Increase)/Decrease in trade and other receivables 2,231 9,929
Increase/(Decrease) in trade and other payables 129,304 (19,417)
Increase/(Decrease) in provisions 946 2,762
Cash flows from operations
166,566
62,288
-39- CUAC ANNUAL REPORT 2012/13
10 Financial risk management
The company’s financial instruments consist mainly of deposits with banks, local money market instruments, short-term
and long-term investments, and accounts receivable and payable.
The totals for each category of financial instruments, measured in accordance with AASB 139 as detailed in the
accounting policies to these financial statements, are as follows:
Note 2013
$
2012
$
Financial Assets
Cash and cash equivalents 3 678,008 516,247
Trade and other receivables 4 9,324 5,873
Total Financial Assets
687,332
522,120
Financial Liabilities
Trade and other payables 6 164,165 34,859
Total Financial Liabilities
164,165
34,859
Notes to the Financial Statements
for the year ended 30 June 2013 (Cont’d)
Financial Risk Management Policies
The Board’s overall risk management strategy seeks to assist the company in meeting its financial targets, whilst
minimising potential adverse effects on financial performance. The Capitalisation Policy and Authority and Financial
Operations Policy are reviewed by the Board on a regular basis. These include credit risk policies and future cash flow
Specific Financial Risk Exposures and Management
The main risks the company is exposed to through its financial instruments are credit risk, liquidity risk and market risk
relating to interest rate risk and equity price risk.
(a) Credit risks
Exposure to credit risk relating to financial assets arises from the potential non-performance by counterparties of contract
obligations that could lead to a financial loss for the company. The company does not have any material credit risk exposure as its major source of revenue is the receipt of government
grants.
(b) Liquidity risks
Liquidity risk arises from the possibility that the company might encounter difficulty in settling its debts or otherwise
meeting its obligations in relation to financial liabilities. The company manages this risk through monitoring forecasts
cashflows as required.
CUAC ANNUAL REPORT 2012/13 -40-
Notes to the Financial Statements
for the year ended 30 June 2013 (Cont’d)
(c) Markets risks
i. Interest rate risk
Exposure to interest rate risk arises on financial assets and financial liabilities recognised at the end of the reporting
period whereby a future change in interest rates will affect future cash flows or the fair value of fixed rate financial
instruments. The company is also exposed to earnings volatility on floating rate instruments.
ii. Price risk
The company is not exposed to any material commodity price risk.
Sensitivity Analysis
The following table illustrates sensitivities to the company’s exposures to changes in interest rates. The table indicates
the impact on how profit and equity values reported at the end of the reporting period would have been affected by
changes in the relevant risk variable that management considers to be reasonably possible. These sensitivities
assume that the movement in a particular variable is independent of other variables.
Profit
$
Equity
$
Year ended 30 June 2013
+/-2% in interest rates 13,560 13,560
Year ended 30 June 2012
+/-2% in interest rates 10,325 10,325
No sensitivity analysis has been performed on foreign exchange risk as the company is not exposed to foreign
currency fluctuations.
Net Fair Values
The carrying amount of financial assets and financial liabilities approximate fair value and are presented in the
statement of financial position.
-41- CUAC ANNUAL REPORT 2012/13
Notes to the Financial Statements
for the year ended 30 June 2013 (Cont’d)
11 Related party transactions
Transactions between related parties are on normal commercial terms and conditions no more favourable than those
available to other persons unless otherwise stated.
12 Events after the reporting period
There have been no events subsequent to balance date which require disclosure in the financial statements.
15 Company information
The registered office and principal place of business of the Company is:
Consumer Utilities Advocacy Centre Limited
Level 2 172 Flinders Street
MELBOURNE VIC 3000
16 Members’ guarantee
The entity is incorporated under the Corporations Act 2001 and is an entity limited by guarantee. If the entity is wound
up, the constitution states that each member is required to contribute a maximum of $10 each towards meeting any
outstanding and obligations of the entity. At 30 June 2013 the number of members was 1 member (2012: 1).
CUAC ANNUAL REPORT 2012/13 -42-
13 Key management personnel compensation
Short-term
Benefits
Post- employment
Benefits
Other Long-term
Benefits
Total
$ $ $ $
2013
Total compensation 161,920 13,812 - 175,732
2012
Total compensation 157,174 13,928 - 171,102
14 Segment reporting
The company operates predominantly in one business and geographic segment, being the advocacy of utility services in
Victoria.