Enforceable undertakings

Overview

An enforceable undertaking is one of the compliance and enforcement tools available to Energy Safe. An undertaking contains commitments by a person or business to do certain things within a specified timeframe, as a resolution to a contravention or alleged contravention of the Electricity Safety Act 1998, the Gas Safety Act 1997, or associated regulations.

Undertakings can have broad reach and may include preventing a recurrence of the conduct that led to the contravention or alleged contravention, providing redress to affected persons, addressing compliance concerns, and raising public awareness to educate and deter others. Generally used as an alternative to prosecution, an undertaking can provide significant and lasting energy safety benefits.

If an undertaking is not complied with, we can enforce compliance with the undertaking in the Magistrates’ Court.

Enforceable undertakings guidelines

Our Enforceable undertakings guidelines help people to understand the legal framework and our approach to the use of undertakings as a compliance and enforcement tool. They provide information about:

• Energy Safe’s power to accept an undertaking
• the process for proposing an undertaking to Energy Safe
• the form and contents of undertakings
• the process for varying or withdrawing an accepted undertaking, and
• non-compliance with an accepted undertaking.