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Diamond Energy allegedly breaching the Electricity Retail Code

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Dear Australian Competition and Consumer Commission,

This is a request under the Freedom of Information Act 1982 (Cth) in relation to alleged breaches of the Energy Retail Code by Diamond Energy, as announced by the Commission in a media statement available here:

https://www.accc.gov.au/media-release/di...

I seek access to the following documents:

1. The investigation report (final version)
2. The three infringement notices
3. An account (or equivalent) statement that demonstrates payment of the penalties
4. If created, the brief, report or email provided to any Commonwealth Minister about the outcome of this investigation and planned public announcement.

I agree to exclude the personal affairs information of individuals (e.g. names, emails, telephone numbers) identified in these documents as information irrelevant to this request. However, this does not extend to job positions or domain names (e.g. @accc.gov.au).

Please contact me for any questions.

Yours faithfully,

Edward Pellew

FOI, Australian Competition and Consumer Commission

You have contacted the ACCC’s FOI team. We respond only to FOI
requests and FOI enquiries to the ACCC under the Freedom of Information
Act 1982. 
 
To report a scam, consumer issue or to make a general enquiry with the
ACCC you’ll need to do so online:  
-[1]report a scam  

* -[2]report a consumer issue 
* -[3]make a general enquiry with the ACCC.  

 
If you need to speak with someone about your consumer issue, general
enquiry or scam report, please contact the ACCC's Infocentre on 1300 302
502. 
 
Spam emails and unwanted phone calls/faxes can be reported to the
Australian Communications and Media Authority: [4]ACMA report spam or
[5]ACMA unwanted calls/faxes
---

IMPORTANT: This email from the Australian Competition and Consumer
Commission (ACCC), and any attachments to it, may contain information that
is confidential and may also be the subject of legal, professional or
other privilege. If you are not the intended recipient, you must not
review, copy, disseminate, disclose to others or take action in reliance
on, any material contained within this email. If you have received this
email in error, please let the ACCC know by reply email to the sender
informing them of the mistake and delete all copies from your computer
system. For the purposes of the Spam Act 2003, this email is authorised by
the ACCC www.accc.gov.au

References

Visible links
1. https://www.scamwatch.gov.au/report-a-scam
2. https://www.accc.gov.au/contact-us/conta...
3. https://www.accc.gov.au/contact-us/conta...
4. https://www.acma.gov.au/stop-getting-spam
5. https://www.acma.gov.au/protect-yourself...

FOI, Australian Competition and Consumer Commission

2 Attachments

OFFICIAL

 

 

Dear Edward,

Acknowledgment of request for access under the Freedom of Information Act
1982 (Cth)

 

The Australian Competition and Consumer Commission (ACCC) acknowledges
receipt of your email of 18 June 2025 requesting, under the Freedom of
Information Act 1982 (Cth) (the Act),

 

1. The investigation report (final version) 2. The three infringement
notices 3. An account (or equivalent) statement that demonstrates payment
of the penalties 4. If created, the brief, report or email provided to any
Commonwealth Minister about the outcome of this investigation and planned
public announcement.

 

I agree to exclude the personal affairs information of individuals (e.g.
names, emails, telephone numbers) identified in these documents as
information irrelevant to this request. However, this does not extend to
job positions or domain names (e.g. @accc.gov.au).

 

Timeframe for processing your request

The ACCC has 30 days to process your request, beginning 27 August 2024.
This timeframe may be extended by a further 30 days by the ACCC where
consultation with certain third parties is necessary. You will be advised
if we extend the timeframe for third party consultation.

 

Charges

If the ACCC decides that you should pay a charge to process your request,
we will notify you of the likely cost of processing your request and your
options if you disagree. The statutory timeframe is placed on hold from
when a charge notice is sent to you and resumes at a later time.

 

We will notify you of any charges in relation to your request as soon as
practicable.

 

Practical refusal

If we are unable to identify the documents you are seeking, or processing
your request would substantially and unreasonably divert the ACCC’s
resources from its other operations, we will send you a notice of our
intention to refuse your request and your options, including if you
disagree.

 

Decision

A decision maker will assess the documents (if any) to decide if we can
release them, or if they are exempt from release. We will send you the
decision and notify you of your review rights.

 

We will only release documents once any applicable processing charge is
paid.

 

If we cannot locate any documents that are covered by the scope of your
request, or if we refuse to confirm or deny the existence of documents, we
will advise you of this and your review rights.

 

Publication of documents released under FOI

Material released under FOI may be published on our website unless we
consider it unreasonable to do so.

 

If you have any questions regarding the above, please contact me on (02)
6243 1244.

 

Chelsea Mears
FOI Team Leader | Corporate Law Unit | Specialist Advice and Services
Division (SASD)

Australian Competition & Consumer Commission
Ngunnawal Country
23 Marcus Clarke Street, Canberra ACT 2601
GPO Box 3131, Canberra ACT 2601

T 02 6243 1244
Hours Monday - Friday

[1]accc.gov.au

[2]ACCC Logo
The ACCC acknowledges the traditional owners and custodians of Country
throughout Australia and recognises their continuing connection to the
land, sea and community. We pay our respects to them and their cultures;
and to their Elders past, present and future.

 

 

---

IMPORTANT: This email from the Australian Competition and Consumer
Commission (ACCC), and any attachments to it, may contain information that
is confidential and may also be the subject of legal, professional or
other privilege. If you are not the intended recipient, you must not
review, copy, disseminate, disclose to others or take action in reliance
on, any material contained within this email. If you have received this
email in error, please let the ACCC know by reply email to the sender
informing them of the mistake and delete all copies from your computer
system. For the purposes of the Spam Act 2003, this email is authorised by
the ACCC www.accc.gov.au

References

Visible links
1. https://accc.gov.au/
2. https://www.accc.gov.au/

Dear Chelsea,

Thank you for your email acknowledging the FOI request.

For your awareness, there is a minor date typo in the email paragraph regarding timeframes.

Yours sincerely,

Edward Pellew

FOI, Australian Competition and Consumer Commission

OFFICIAL
Good Afternoon Edward,

My apologies.

Confirming the ACCC has 30 days to process your request, beginning 18 June 2025.

Kind regards,

Chelsea Mears
FOI Team Leader | Corporate Law Unit | Specialist Advice and Services Division (SASD)
Australian Competition & Consumer Commission
Ngunnawal Country
23 Marcus Clarke Street, Canberra ACT 2601
GPO Box 3131, Canberra ACT 2601
T 02 6243 1244
Hours Monday - Friday
accc.gov.au

The ACCC acknowledges the traditional owners and custodians of Country throughout Australia and recognises their continuing connection to the land, sea and community. We pay our respects to them and their cultures; and to their Elders past, present and future.

show quoted sections

FOI, Australian Competition and Consumer Commission

3 Attachments

OFFICIAL

 

Dear Edward,

 

Please find the attached for your consideration.

 

Kind regards,

 

Rebecca Fenech (She/Her)
FOI Manager | Corporate Law Unit | Specialist Advice and Services Division
(SASD)

Australian Competition & Consumer Commission
Ngunnawal Country
23 Marcus Clarke Street, Canberra ACT 2601
GPO Box 3131, Canberra ACT 2601

T 02 6243 1244 
Hours I do not work on Wednesdays

[1]accc.gov.au

[2]ACCC Logo
The ACCC acknowledges the traditional owners and custodians of Country
throughout Australia and recognises their continuing connection to the
land, sea and community. We pay our respects to them and their cultures;
and to their Elders past, present and future.

 

 

---

IMPORTANT: This email from the Australian Competition and Consumer
Commission (ACCC), and any attachments to it, may contain information that
is confidential and may also be the subject of legal, professional or
other privilege. If you are not the intended recipient, you must not
review, copy, disseminate, disclose to others or take action in reliance
on, any material contained within this email. If you have received this
email in error, please let the ACCC know by reply email to the sender
informing them of the mistake and delete all copies from your computer
system. For the purposes of the Spam Act 2003, this email is authorised by
the ACCC www.accc.gov.au

References

Visible links
1. https://accc.gov.au/
2. https://www.accc.gov.au/

FOI, Australian Competition and Consumer Commission

3 Attachments

OFFICIAL

 

Dear Edward,

 

Please find the attached for your consideration.

 

Kind regards,

 

Sonya Petreski (She/Her)
FOI Officer | Corporate Law Unit | Specialist Advice and Services Division
(SASD)

 

Australian Competition & Consumer Commission
Ngunnawal Country
23 Marcus Clarke Street, Canberra ACT 2601
GPO Box 3131, Canberra ACT 2601

 

T 02 6243 1244
Hours I Monday to Friday

 

[1]accc.gov.au

 

[2]ACCC Logo
 

The ACCC acknowledges the traditional owners and custodians of Country
throughout Australia and recognises their continuing connection to the
land, sea and community. We pay our respects to them and their cultures;
and to their Elders past, present and future.

 

 

---

IMPORTANT: This email from the Australian Competition and Consumer
Commission (ACCC), and any attachments to it, may contain information that
is confidential and may also be the subject of legal, professional or
other privilege. If you are not the intended recipient, you must not
review, copy, disseminate, disclose to others or take action in reliance
on, any material contained within this email. If you have received this
email in error, please let the ACCC know by reply email to the sender
informing them of the mistake and delete all copies from your computer
system. For the purposes of the Spam Act 2003, this email is authorised by
the ACCC www.accc.gov.au

References

Visible links
1. https://accc.gov.au/
2. https://www.accc.gov.au/

We don't know whether the most recent response to this request contains information or not – if you are Edward Pellew please sign in and let everyone know.