Undue Harassment

It is unlawful to continually, intimidate or harass an individual over and over again.

If you keep getting letters but have advised your distributor of your refusal to have an AMI installed, try using this bit of legislation, write to your distributor & complain to the ACCC

“ACCC Sales practices – Consumer Affairs Victoria
Section 07. Harassment and coercion

Harassment and coercion
It is unlawful to use physical force, coerce or unduly harass someone about the supply of, or payment for,
goods or services.
ACL reference: section 50
What is harassment and coercion?
It is unlawful to use physical force, coercion or undue harassment in connection with the:
-;    supply or possible supply of goods or services
-;    payment for goods or services
-;    sale or grant, or the possible sale or grant, of an interest in land, or
-;    payment for an interest in land.
Undue harassment means unnecessary or excessive contact or communication with a person, to the point where that person feels intimidated, tired or demoralised.
Coercion involves force (actual or threatened) that restricts another person’s choice or freedom to act. Unlike harassment, there is no requirement for behaviour to be repetitive in order to amount to coercion.
Legal reference: ACCC v Maritime Union of Australia [2001] FCA 1549”

Similar advise was posted earlier on SSMA and the link below will take you to this previous post that also includes a pre drafted letter of Undue Harassment.

Link

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14 Responses to Undue Harassment

  1. Frances Makarova says:

    I am wondering if part of the reason that Ted Baillieu has resigned could be over his endorsing the so called Smart Meters? I had written to Ted Baillieu and received back an email from his office, saying that I had to have one. He apparently signed off on this deal to enforce the installation of so called Smart Meters.

  2. Pam says:

    Thanks to SSMA for continued useful information. No one has the right to Harrass you, so don’t let the Power Companies cause you anymore stress. We are allowed to say ‘NO’ to SMART METERS without the threat of having our Power Cut off. Keep up our Fight, there are a lot of People out there supporting all of us…….Cheers Pam 🙂

  3. Elizabeth says:

    Unless people understand their rights, BIG corporations will continue to bully and intimidate you.

  4. Frances says:

    Does being refused ‘financial consideration due to my age’, fit the criteria for ‘undue harassment?’ I applied for and was promised on the phone that I would receive a benefit to help cover my power costs, but now I have received a letter from my supplier saying that I was not eligible for that from Origin after all. Presumably because I refused to allow them to install a Smart Meter at my home. I am too old and tired for all this BS.

    • Pam says:

      Frances – If you are suffering Financial Hardship, you can apply for the UTILITY RELIEF GRANT, for Power, Water and Gas every 2 years. You Phone Origin and tell them you are in Financial Hardship and ask them to send you a Form so you can apply for this benefit. From the time you ring them (Origin) you account is on Hold with no further payments required until a decision has been made by Dept. of Human Services. When you get this Hardship Form from Origin it will have a reference number on it. Fill in all the questions and enclose a summary of your Financial position, incuding any recent un-expected expenses, such as tyres for the car or whatever, house maintenence, food, insurances etc etc. Keep a copy of everything you send to Dept of Humas Services and wait for their response. Usually takes about 1 – 2 months. You will then get a letter from them telling you how much they have allowed you off your account (max $500.00) which is paid directly to Origin. Once this has been paid ring them (Origin) and ask them to put a payment plan in place for you. Something you can afford once a fortnight or week. Ask them to put this Payment Plan in writing. Hope this helps you. Remember keep a copy of everything and your account will be on hold which will free up some Dollars for you for other accounts. Cheers Pam 🙂 Not sure of your age, but I think you have to be on some sort of Pension or Social Security Benefit to Qualify.

      • Frances Makarova says:

        I did apply and I was later informed that I was not eligible for it and ‘Origin’ did not provide me with the Counseling I had been promised over the phone, and financial relief I had been promised.

  5. TheBThing says:

    It is a standing in the middle of a pie argument as one, the Power Distributors are claiming they own the meter infrastructure which gives them rights to modify it, or two the power-customer plays vigilante, or three the customer claims meter ownership. The last two could play on the clear business negotiation protection, given in the consumer law.

  6. Paul & Di McMahon says:

    Received a letter in the mail today from SP AusNet in response to our Prohibition of Installation letter sent to them last week, and it states after many paragraphs of the usual BS that ” it is SP AusNet policy to never unduly harass or coerce any consumer”…….”and that any ‘trespass or ‘do not install’ signage and any unregistered locks or devices on the meter housing are removed for installation” Pfffft……yeah right!!!!
    Will see if SP AusNet upholds their policy of no undue harassment or coercion. Hmmmm!!! Have had a Stat Dec signed in relation to signage posted on our property and have no intention of taking any of them down or having any locks or devices on OUR meter removed. WE HAVE A RIGHT TO PROTECT OUR PROPERTY!!!!! We, like every other householder in Victoria, have been paying for these unwanted devices for years now, and as my husband pointed out, no one asked US if we wanted a new meter, let alone a ‘smart meter’. So, they can take that ‘never to be installed’ bl@%#y ‘smart meter’ ( that WE’RE paying for and own ) and shove it, tip it, recycle it or whatever ….OUR current meter is doing a great job mate…..just come and read it every 3 months, no worries…….now SHOVE OFF!!!!!!

    • Pam says:

      Paul and Di. I agree 100% with everything you have said. They can SHOVE IT ALRIGHT, right up O’Briens’ you know what. His day will come, I have no doubt about it. How he sleeps at night is beyond me. Could go on and on, but you all know my thoughts……Cheers Pam 🙂

      • TheBThing says:

        O’Brien’s statement about the legal angle of Smart Meter installations was misleading.

        • Pam says:

          TheBThing – O’Brien makes me physically sick. How he can sit back earning all those thousands a year and tell us SMART METERS ARE SAFE AND WE HAVE TO HAVE THEM blat blah also makes me sick to the stomach. We as a Group have them up against the Wall and they just do not know what to do next. They (The Govt.)must read the comments made by the folk who elected him. He should be sacked now not later and give some one else the chance to fix this bloody mess. ….Pam

    • TheBThing says:

      The the codes and regulations for the industry, you can add devices to read the meter, so technically you could setup a camera or other device to relay usage readings back to the power retailer. Irrespective of meter type they have to read meters once a year. The Power distributor shouldn’t have any real need to read the usage unless there is an issue with the functionality or calibration.

      The argument is the Power Distributors purchased all the power infrastructure from the Government/SEC. The problem is SEC didn’t own all the stuff to sell and there was no constitutional based acquisition with just compensation made..

  7. Trevor Churchill says:

    SP AusNet is administering the AMI program for the Victorian Government by following an
    agreed protocol developed and endorsed by the Department of Primary lndustries and all
    distribution businesses. This protocol outlines procedures for engaging and informing
    residents about the smart meter installation. lt is SP AusNet policy to never unduly harass or
    coerce any consumer, and the safety of our consumers, staff and contractors is of the
    utmost importance to us.
    SP AusNet’s Electricity Distribution Customer Charter is available at http://www.sp-ausnet.com.au
    or by calling 1300 360 795. 15 July 2012

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