Enforceable undertaking given by Sumo Power Pty Ltd and Sumo Gas Pty Ltd to the Essential Services Commission of Victoria
As part of resolving proceedings brought by the Essential Services Commission (ESC) in the Supreme Court of Victoria in relation to the contraventions of the Victorian prohibition on door-to-door sales and of Sumo’s Victorian ‘best offer message’ obligations, the ESC has accepted a court enforceable undertaking from Sumo Power Pty Ltd and Sumo Gas Pty Ltd (Sumo).
The terms of the enforceable undertaking were agreed in principle in July 2024, and it was entered into on 31 October 2024. The undertaking requires Sumo to pay $800,000 to the Consumer Action Law Centre (CALC) and to implement and maintain a compliance management system for five years from 6 December 2024.
CALC is an independent, not-for-profit consumer organisation with expertise in consumer protection law, policy and direct knowledge of people's experience of modern markets in Victoria. Sumo made the payment to CALC on 1 November 2024.
In relation to the compliance management system, Sumo’s undertaking provides for the following:
- implementation of a compliance management system in accordance with International Standard 37301:2021
- appointment of an external compliance professional to conduct a risk assessment of Sumo’s implementation and provide a written report
- issue of a policy statement outlining Sumo’s commitment to compliance with Victorian energy laws and internal reporting of concerns
- induction and regular ongoing training, at least annually, on Victorian energy laws for directors, officers, employees, representatives and agents of Sumo internal reporting to Sumo’s board, initially on implementation of the compliance management system, and annually thereafter on its ongoing effectiveness
- annual, external, independent review of the compliance management system including a report identifying deficiencies creating a material risk of non-compliance
- provision of the annual independent review report to Sumo’s board, including implementation of any recommendations to address a material risk, and
- implementation of reasonable measures to address any identified material risk.
A copy of the full undertaking given by Sumo to the ESC can be found here.