Home Heating and Cooling Upgrades Program

Specification for Home Heating and Cooling Upgrade Program Approved Supplier Panel

1. Introduction

1.1 Background

The Victorian Government announced the Home Heating and Cooling Upgrade (HHCU) Program on 17 November 2020 to support Victorian households to replace their outdated, unsafe or inefficient electric, gas or wood-fired heater with an efficient electric Reverse Cycle Air-Conditioner (RCAC) that meets the eligibility criteria under this Program (Eligible Product). The HHCU Program (Program) is intended to support vulnerable and low-income households, enabling them to save money on their energy bills and improve the thermal comfort of their homes by incentivising upgrades of existing heating systems with energy efficient electric RCAC systems. The Program is expected to save participating Victorians hundreds of dollars on their energy bills each year, improve the thermal comfort of homes and support Victoria’s energy transition.

Under the Program eligible Applicants can receive a Rebate to contribute to the purchase and installation of a RCAC by Approved Suppliers at a residential property within Victoria (Property). The Applicant will be required to fund any additional costs over and above the Rebate amount.

Applicants can receive Rebates of:

  • $1000 towards the cost of supplying and installing an Eligible Product;
  • $500 towards the cost of upgrading their electrical switchboard and/or cabling (if an upgrade is required to install the Eligible Product), and
  • $200 towards the cost of decommissioning their outdated gas heater (if an existing gas heater is being replaced).

The State of Victoria through Solar Victoria within the Department of Energy, Environment and Climate Action administers the Program (Solar Victoria).

1.2 Customer Outcomes

The objective of the Program is to help Victorian households improve their thermal comfort by offering rebates to upgrade gas, electric and wood heaters with energy efficient reverse-cycle air conditioners.

These upgrades will improve the quality of life for Victorians, provide jobs for trades people, increase environmental benefits, and pave the way for the transition to a renewable energy future.

By submitting an application for participation as Approved Supplier for the Program, Suppliers acknowledge the expected high standard of service to be provided to Applicants through the delivery of services for the Program and will:

  • Ensure their services are tailored to the cohort of customers and particular attributes
  • ask themselves what outcomes consumers should be able to expect from their products and services
  • act to enable rather than hinder these outcomes
  • assess the effectiveness of their actions

To support this, Solar Victoria has included numerous comprehensive customer protections in Part C: HHCU Program Supplier Terms and Conditions and Part B: Specification for HHCU Program Approved Supplier Panel to protect customers from unscrupulous behaviour. Built into Part C: HHCU Program Supplier Terms and Conditions and Part B: Specification for HHCU Program Approved Supplier Panel is a requirement that Suppliers comply with the New Energy Technology Code of Conduct as if it applied to them, which contains principles around advertising and promotion, direct marketing and sales, fit-for-purpose enquiries, warranties, contracts, customer service, responsible marketing practices and complaints processes. Additionally, our specification requires that Suppliers must comply with the Australian Consumer Law, the Buy Now Pay Later Code of Practice and other relevant schemes and codes, and notes that Solar Victoria may apply such other codes it specifies from time to time.

1.3 Defined Terms

Defined terms for this Application Process are contained in the Glossary (clause 14 of this document).

2. Scope

2.1 Application Process Objectives

The objective of this Application Process is to add to a panel of Suppliers who will provide an end-to-end service for the sale, supply and installation of a RCAC. Only Suppliers that are registered on the Panel will be eligible to participate in the Program. To be registered on the Panel and become an eligible Supplier, the parties submitting an application will be required to meet the Program requirements as described in this document and Part C: HHCU Program Supplier Terms and Conditions. The criteria will be focussed on the following principles:

a) Occupational health and safety

The Supplier will have appropriate occupational health and safety management systems and processes to ensure safe work methods, have a good safety record and ensure compliance with all occupational health and safety laws. The Supplier will ensure that the Eligible Installer engaged to perform Supply and Installation Works holds the required licences and registrations issued by the relevant regulator.

b) Quality of Workmanship

The Supplier will have appropriate quality management processes to ensure all works are performed to the required industry standards and that any reported defects are managed promptly and effectively.

c) Customer Service

The Supplier will perform works in a professional and diligent manner providing a high level of customer service and satisfaction including complaint handling and resolution.

d) Provision of required services

The Supplier will provide the full scope of services as specified in the Terms and will take accountability for the performance and delivery of any subcontracted workforce.

2.2 Process Overview

The proposed process for the implementation of the HHCU Rebate program is as per Figure 1.

A new Applicant will engage directly with the Portal to input the required information to demonstrate their eligibility and will receive confirmation of eligibility via the issuance of a Rebate Token.

The Applicant will then be able to select a Supplier from the Home Heating and Cooling Upgrades Supplier Panel.

The Applicant will contact the Supplier and arrange a Property assessment and Applicant Quotation for:

  • the purchase and installation of an Eligible Product; and
  • the decommissioning of existing gas heater(s), Fixed Electric Heater(s) or reverse cycle air conditioner(s) where required by the Program.

Once the Applicant has accepted the cost of the works in the Applicant Quotation, the Supplier will manage the purchase and installation of the Eligible Product and decommissioning where required directly with the Applicant.

The Supplier will complete all Supply and Installation Works and any Auxiliary Activities and submit the final invoice to the Applicant.

The Supplier will provide the Completion Documentation to Solar Victoria and make application for the relevant Rebates via the Portal.

Solar Victoria will validate the Supplier’s Completion Documentation and make payment of the Rebate.

3. Funding Conditions

3.1 Eligible Applicants

To be eligible for a Rebate, an Applicant must meet the Eligibility Criteria for Applicants published at https://heatingupgrades.vic.gov.auExternal Link as varied by Solar Victoria from time to time.

The Applicant must also have a gas space heater, a Fixed Electric Heater or a reverse cycle air conditioner of at least seven years of age serving the main living area that will be replaced with a new Eligible Product. Households that have a wood heater or gas ducted heater serving the main living area are also eligible for the Program. In addition, households that do not have a fixed heating source in their main living area may apply for the Program.

The Applicant must submit the required information to demonstrate to Solar Victoria that it complies with the Eligibility Criteria. Once they have been assessed by Solar Victoria as Eligible Applicant, the Applicant will receive a Rebate Token. The Rebate Token confirms to a Supplier that the Applicant is eligible for a Rebate and enables a Supplier to claim the Rebate upon completion of the Supply and Installation Works and any Auxiliary Activities.

Only Applicants who have been assessed by Solar Victoria as meeting the Eligibility Criteria and have received the Rebate Token will be an Eligible Applicant and can participate in the Program.

The Applicant will be required to fund any difference between the cost of installation and decommissioning where required and the Rebate, payable to the Supplier at completion of the installation (or as agreed between the Applicant and Supplier).

3.2 Eligible Upgrade Activities

An Eligible Upgrade Activity is the supply and installation of an Eligible Product, in compliance with the Supply and Installation Works requirements, in one of the following circumstances, where:

  1. a gas space heater is currently installed in the main living area;
  2. a Fixed Electric Heater is currently installed in the main living area;
  3. a reverse cycle air conditioner that is more than 7 years old is installed in the main living area;
  4. a wood heater is currently installed in the main living area; or
  5. a gas ducted heater is currently installed in the home and serves the main living area; or
  6. No fixed heater is currently installed in the main living area

The Applicant must install the Eligible Product in their main living area, unless an exemption is granted in writing by Solar Victoria.

If there are multiple circumstances above that apply, then the Eligible Upgrade Activity shall be interpreted in the order of priority listed above.

3.3 Auxiliary Activities

An eligible Auxiliary Activity (Auxiliary Activities) is work undertaken to:

  1. decommission an existing gas heater(s); and/or
  2. upgrade an Electrical Switchboard where it is required to safely install an Eligible Product.

The Applicant may be eligible for a Rebate to undertake Auxiliary Activities where the activity is a requirement of the Program or required in order to safely perform Eligible Upgrade Activities.

3.4 Eligible Product

To be eligible for the Rebate, the Supplier must install an Eligible Product. Eligible Products are listed on the Home Heating and Cooling Approved Product List, published on the Home Heating and Cooling Upgrades website ( https://www.heatingupgrades.vic.gov.au/approved-productsExternal Link ) and updated from time to time.

Eligible Products listed on the Home Heating and Cooling Approved Product List are single or multi-split reverse cycle air conditioners that meet energy and greenhouse specifications as follows:

  1. an Annualised Coefficient of Performance (ACOP) of 4.4 for systems 3kW or less or an ACOP of 4.2 for systems between 3kW to 5.9Kw or an ACOP of 4.0 for systems equal to and greater than 6kW;
  2. the refrigerant has a Global Warming Potential of less than 700 GWP;
  3. the reverse cycle air conditioner has some form of demand response capability; and
  4. if a system does not have a demand response capability, it must have an ACOP of 4.8 for systems 3kW or less or an ACOP of 4.6 for systems greater than 3kW.

3.5 Supply and Installation Works

Supply and Installation Works (Supply and Installation Works) involve the:

  1. supply of an Eligible Product; and
  2. installation of an Eligible Product by an Eligible Installer in accordance with its product design requirements and including all necessary plumbing and electrical services to ensure proper and safe operation and performance of the Eligible Product; and
  3. upgrading an Eligible Switchboard where required in order to install the Eligible Product.; and
  4. decommissioning of an existing heating unit in the main living area when the unit is a gas space heater or Fixed Electric Heater or reverse cycle air conditioner that is more than 7 years old in the order of priority listed in 3.2.

Note that decommissioning of gas ducted heaters and wood heaters is not a requirement of the Program. The Supplier must ensure that the Supply and Installation Works are conducted by a competent and qualified person (or persons), and in compliance with relevant State and Federal laws.

Persons engaged to perform Supply and Installation Works must be Eligible Installers and hold the required licences and registrations issued by the relevant regulator for the specific class of plumbing or electrical work being undertaken.

3.6 Eligible Installer

An Eligible Installer is a person who:

  1. in relation to plumbing works, is licensed or registered, by the Victorian Building Authority, to carry out the class of plumbing work required for the decommissioning or installation works required under this Program;
  2. in relation to electrical works, holds the required licence and registration, issued by Energy Safe Victoria, authorising them to carry out the electrical works required for the decommissioning or installation works required under this Program;
  3. holds the Refrigerant Handling Licence issued by the Australian Refrigeration Council Ltd (ARC) when carrying out work in relation to refrigeration and air conditioning equipment; and
  4. holds a High Risk Work licence issued by WorkSafe Victoria where high risk work is being undertaken;
  5. holds all insurance required by law;
  6. has in place occupational health and safety management processes to ensure safe work methods and that meet applicable legislative requirements;
  7. has had no prosecutions registered with WorkSafe Victoria in the past three years (or with an equivalent authority in another Australian jurisdiction);
  8. has had no prosecutions registered with the Victorian Building Authority in the past one year (or with an equivalent authority in another Australian jurisdiction);
  9. has had no prosecutions registered with Energy Safe Victoria in the past one year (or with an equivalent authority in another Australian jurisdiction);
  10. has had construction induction training (white card);
  11. has a National Police Check; and
  12. has not been determined by the Solar Victoria, in writing, as an installer who is ineligible and must not be engaged to perform Eligible Supply and Installation Works.

3.7 Suppliers

A potential supplier must respond to and be assessed by Solar Victoria as meeting the mandatory program requirements specified in clause 4.1 of this document (Program Requirements – Supplier) and Part C: HHCU Program Supplier Terms and Conditions (collectively referred to as the ‘Terms’). Once approved by Solar Victoria, the Supplier may complete the registration process outlined in the Portal to become a panel member on the Supplier Panel.

The Supplier is responsible for arranging the sale of the Eligible Product, and for arranging and ensuring the safe delivery and installation and satisfactory performance of the Eligible Product supplied to the Applicant in connection with the Program.

The Supplier may be removed from the Supplier Panel by written notice by Solar Victoria where the Supplier no longer complies with the Terms.

4. Statement of Requirements

4.1 Program Requirements – Supplier

a) Registration

To participate in the Program, the Supplier must visit the Portal and register for the Program as a Supplier by completing the registration process outlined in the Portal. The Supplier is only eligible to participate in the Program if it meets the Eligibility Criteria for Suppliers specified in this and Part C: HHCU Program Supplier Terms and Conditions (collectively referred to as the ‘Terms’). By registering to participate in the Program the Supplier warrants to Solar Victoria that it meets the Eligibility Criteria on registration and will continue to meet the Eligibility Criteria at all times during participation in the Program.

b) Suspension

If the Supplier no longer meets the Eligibility Criteria at any time during its participation in the Program, the Supplier must immediately give written notice to Solar Victoria. If Solar Victoria receives this notice from the Supplier (or otherwise reasonably believes that the Supplier no longer meets the Eligibility Criteria), Solar Victoria may immediately suspend the Supplier’s participation in the Program by written notice. This suspension will remain in effect until Solar Victoria is satisfied that the Supplier:

  • again meets the Eligibility Criteria; and
  • is committed to and capable of meeting the standards for the Program.

c) Cancellation, suspension or disqualification from other Solar Victoria programs

To participate in the Program, the Supplier must not currently be cancelled, suspended or disqualified by Solar Victoria from participating in any other discretionary financial benefit program administered by Solar Victoria.

d) Supplier Terms and Conditions

By registering via the Portal and participating in the Program, the Supplier will agree to be bound by, and comply with, the Supplier Terms and Conditions.

e) Costs and expenses

Suppliers are responsible for all costs and expenses incurred by the Supplier in connection with its participation in the Program, including all costs and expenses incurred to comply with the Terms.

4.2 Program Requirements – Goods

a) Eligible Product Sales

  1. Eligible Product

    The Supplier must ensure that only Eligible Products are sold to Applicants and installed at a Property through the Program.
  2. Eligible Product Selection

The Supplier will ensure all Eligible Products sold to Applicants are fit for purpose and are the appropriate Eligible Product for the Property and space in which it is intended to be installed (“right sized”).

b) Waste Disposal

The Supplier must:

  • ensure all product packaging is removed from the Applicant’s Property and disposed of appropriately in accordance with applicable environmental laws;
  • ensure that, where required, refrigerant gases are recovered or disposed of in accordance with the Federal ozone protection and synthetic gas laws and applicable environmental laws;
  • comply with the Victorian Government’s ban on electronic waste to landfill; and
  • ensure all other waste being removed from the Property, including any old heating units that are being removed, is disposed of in accordance with applicable environmental laws.

4.3 Program Requirements – Services

a) Property Assessment

Before installing an Eligible Product, the Supplier must undertake an assessment of the Property to:

  1. determine the scope of work required to undertake Eligible Upgrade Activities, decommissioning and Auxiliary Activities (if required);
  2. select the Eligible Product; and
  3. prepare an Applicant Quotation.

b) Applicant Quotation

The Supplier must, prior to the installation of the Eligible Product, provide the Applicant with an Applicant Quotation. The Applicant must accept the Applicant Quotation before the Supplier can commence the Supply and Installation Works.

The Applicant Quotation must set out the following:

  1. the total price of the Eligible Product;
  2. the total price for the Eligible Upgrade Activities, decommissioning and Auxiliary Activities;
  3. GST amounts for the full costs of goods and services (before the Rebate amount is applied);
  4. the Rebate amount/s, and
  5. the remaining amount (if any) to be paid by the Applicant including any upfront amount the Applicant is required to pay as a deposit to the Supplier prior to the scheduled installation of an Eligible Product.

The Supplier may only take a deposit or any other upfront payment from an Applicant on the condition that it is fully refundable if the Applicant is later found by Solar Victoria to be ineligible to participate in the Program.

c) Pre-installation

  1. For Rebates to apply to the installation of an Eligible Product, the Supplier must confirm the Applicant’s eligibility for the Rebate by validating the Applicant’s Rebate Token.
  2. The Supplier must provide accurate information to Solar Victoria about the scheduled installation date, time and location of the installation of the Eligible Product and decommissioning where required, along with any additional information relating to Property conditions or safety. The Supplier must also provide a copy of the Applicant Quotation. Provision of this information prior to the installation of the Eligible Product is a condition of payment of the Rebate.

d) Supply and Installation Works

  1. The Supplier will be responsible for arranging and ensuring the safe delivery and installation and satisfactory performance of the Eligible Product supplied to the Applicant in connection with the Program. If the Supplier arranges to have an Eligible Product installed by a third-party installer, the Supplier is not relieved of this obligation.
  2. The Supplier must warrant to Solar Victoria that each Eligible Product will be installed in accordance with its product design requirements and instructions and the Applicant Quotation approved by the Applicant prior to installation. If any Eligible Product is installed in breach of this warranty, Solar Victoria may refuse to pay, or recover any Rebate for that Eligible Product and the Supplier must not seek to recover from the Applicant the amount of the Rebate which Solar Victoria has refused to pay or recovered.
  3. The Supplier will be responsible for performing the safe and complete decommissioning of existing heating units as required by the Program. If the Supplier arranges to have the decommissioning undertaken by a third-party installer, the Supplier is not relieved of this obligation.
  4. The Supplier must ensure that any person engaged to perform Supply and Installation Works is an Eligible Installer and that the Eligible Installer holds the required licences and registrations issued by the relevant regulator for the specific class of plumbing or electrical work being undertaken.
  5. At Solar Victoria’s direction, the Supplier must cease, either temporarily or permanently, using a specified Eligible Installer to undertake Eligible Supply and Installation Works under the Program.
  6. The Supplier must ensure that all activities performed in connection with the Supply and Installation Works are performed to industry standard and in accordance with State and Federal laws.
  7. The Supply and Installation Works include all necessary plumbing and electrical services to ensure proper operation and performance of the Eligible Product.
  8. The Supplier will perform standard electrical services to install and connect the Eligible Product to the household electrical circuits including connection of the Residual Current Device (RCD) to the household’s existing electrical switchboard in accordance with relevant State and Federal laws.
  9. The Supplier will perform Auxiliary Activities as follows:
    1. electrical switchboard upgrades to meet current regulatory requirements where the electrical switchboard upgrade is required in order to install the Eligible Product; and
    2. decommissioning of gas heaters, which will include gas capping services conducted in accordance with regulatory standards and industry practice to disconnect the gas supply from the old heater and make safe by providing secure capping of the disconnected gas pipe.
  10. The Supplier will, in the case of a Fixed Electric Heater, perform decommissioning by, as a minimum, removing the power supply to the heater to render it permanently inoperable.

e) Rebate details

Solar Victoria will pay the Rebates to the Suppliers upon receipt of Completion Documentation as per paragraph (h).

f) Activities not covered by rebates

The Program will not provide rebates for the following activities:

  1. Upgrade of a RCAC that is less than seven years old.
  2. Installation of a RCAC that is not an Eligible Product.
  3. Installation of a RCAC where there is no decommissioning an existing heater (unless no fixed heater exists or the existing heater is exempt from decommissioning).
  4. emoval of decommissioned heaters from the Property and any associated costs (any removal of an old heater will be subject to a private agreement between the Supplier and Applicant) and disposed of safely, responsibly and in accordance with Victorian laws.
  5. Routine or ongoing maintenance activities.
  6. Eligible Upgrade Activities or Ancillary Activities at Properties that have already received a rebate under this Program.
  7. Activities that have already commenced, including purchased RCACs that are not Eligible Products prior to the application to the Program.
  8. Recurrent operating costs (e.g. utility costs) and/or activities establishing expectations of ongoing funding.
  9. Activities at Properties located outside the State of Victoria.

g) Applicant Documentation

The Supplier will provide the following documentation to the Applicant in either electronic format or hard copy. Where appropriate, specified details of where this information can be found (for example, a web link) is acceptable. However, hard copies must be provided upon request by the Applicant.

  1. Manufacturers operations and installation manuals and other information as required for the Applicant to safely operate the Eligible Product
  2. Warranty information
  3. A Certificate of Electrical Safety, issuing online COES only
  4. Plumbing Compliance Certificates
  5. Any other information as supplied from Solar Victoria inclusive of efficient energy utilisation and other energy literacy brochures and details to assist the Applicant to reduce energy costs.

h) Completion Documentation

The Supplier must provide information as requested by Solar Victoria, so that Solar Victoria may determine if the Supplier meets the Eligibility Criteria to receive any Rebate through the Program.

The Supplier must provide to Solar Victoria the following information:

  1. A summary of the activity undertaken, including confirmation of all Supply and Installation Works undertaken and any agreed deviations.
  2. A tax invoice which details the Eligible Product installed, sets the price of the Eligible Product and Supply and Installation Works, and the Auxiliary Activities, if any, the date and location of installation, the Rebate amount and the remaining amount (if any) to be paid by the Applicant (including any upfront amounts the Applicant has paid as a deposit to the Supplier);
  3. An online Certificate of Electrical Safety;
  4. A Plumbing Compliance Certificate for the supply and installation of the Eligible Product;
  5. The details of the Supplier’s bank account which must be with an authorised deposit taking institution as defined in the Banking Act 1959 (Cth) supervised by Australian Prudential Regulation Authority and an Australian Business Number (ABN) of the Supplier; and
  6. All other information and documents requested by Solar Victoria from time to time in connection with the Program.

i) Rebate Application

  1. The Supplier must apply for the Rebate(s) using the Portal using the Supplier’s unique system account and login details (provided upon registration to the Panel).
  2. The Rebate will be paid by Solar Victoria within 30 days of the Supplier providing the Completion Documentation.

5. Technology, Systems and Management Techniques

5.1 Portal

Solar Victoria will make access to the Portal available to Suppliers. The Supplier will be able to provide the required Completion Documentation and to apply for all relevant Rebates through the Supplier Portal. The Supplier must use the Portal as the method for Rebate application; no other application method will be accepted by Solar Victoria.

5.2 Completion Documentation

All Completion Documentation as detailed in clause 4.3g) of this document must be provided in digital format and uploaded onto the Supplier Portal as required by clause 5.1.

5.3 Rebate Payments

The Rebate funds will be paid within 30 days of the Supplier providing all required Completion Documentation to Solar Victoria.

Solar Victoria may withhold Rebate funds if the Supplier is in breach of any of the requirements of the Terms.

If the Supplier fails to fulfil or is in breach of any of its obligations under the Terms and does not rectify the omission or breach within 10 business days of receiving a notice in writing from Solar Victoria, Solar Victoria may recover from the Supplier any part of the funding.

6. Records Management

6.1 Records management

The Supplier must keep full and accurate records of all aspects of its participation in the Program for a period of at least seven years and, if requested to do so in writing, must permit Solar Victoria (or its authorised representatives) to have access to these records and take copies of those records for the purpose of Solar Victoria monitoring the Supplier’s compliance with the Supplier Terms and Conditions.

6.2 Register of Qualified & Competent Resources

The Supplier must maintain details of any Eligible Installers that will be used to complete the Supply and Installation works. This register should include, as a minimum:

  • the name of the Installer
  • the licence / registration details (e.g. relevant plumber’s licence, electrician’s licence)
  • the class of plumbing / electrical work that person is licenced / registered to undertake.

The Supplier must provide access to the register and provide a copy to Solar Victoria upon written request.

7. Quality Requirements

7.1 Quality Management

The Supplier must have quality assurance processes to ensure that all Supply and Installation Works are conducted in accordance with regulatory requirements and industry standards to ensure the safe delivery and installation and satisfactory operation and performance of the Eligible Product.

7.2 Supplier Audits, Inspections and Assessments

To ensure compliance with the Supplier Terms and Conditions and applicable laws, the Supplier is expected to have a system and/or process in place for periodic audits, inspections and assessments of their Supply and Installation Works and operations, including the Supply and Installation Works and operations of their subcontractors.

8. Solar Victoria Audit and Assurance Program

The Supplier may be subject to monitoring, assurance and audit activities by Solar Victoria or its representatives.

The Supplier must provide to Solar Victoria, or its representatives, all reasonable cooperation required for Solar Victoria or its representative to carry out monitoring, assurance and audit activities including providing prompt access to its personnel, systems and documentation.

A representative of Solar Victoria may inspect any Eligible Product and conduct an audit or assurance review of the Eligible Product (Compliance Audit). A Compliance Audit will take into account the selection of the Eligible Product, the Supply and Installation Works, compliance with the Terms and any other issue deemed appropriate by Solar Victoria.

Following completion of a Compliance Audit, Solar Victoria may determine that an Eligible Product is non-compliant and that the Eligible Product and/or Supply and Installation Works:

  • are unsafe; or
  • needs rectification of non-compliances that impact the performance or safety of the Eligible Product.

If Solar Victoria determines that an Eligible Product is non-compliant (whether via a Compliance Audit or otherwise), Solar Victoria will provide written notice to the Supplier detailing the category of non-compliance, if applicable, the findings of the Compliance Audit (Non-compliant Product Notice). Installation of a Non-compliant Product is a breach of the Supplier Terms and Conditions by the Supplier and the Supplier must rectify all Non-compliant Products regardless of any other action taken by Solar Victoria.

Within 7 days of receiving a Non-compliant Product Notice (or such other time as otherwise reasonably specified by Solar Victoria), the Supplier must contact the Applicant and arrange to rectify the Non-compliant Product at its own cost. The Supplier must complete rectification of the Non-compliant Product in accordance with a Non-compliant Product Notice within one month of the date of that notice (unless otherwise agreed with Solar Victoria). If the Supplier fails to rectify a Non-compliant Product as required by Solar Victoria, Solar Victoria may arrange to rectify the Non-compliant Product itself and any costs incurred by Solar Victoria to do so may be recovered from the Supplier as a debt due and payable.

The Supplier must provide written notice to Solar Victoria setting out the relevant details, updates, notifications and any other relevant information concerning the rectification of the Non-compliant Product within one month of the date of the Non-compliant Product Notice (unless otherwise agreed with Solar Victoria).

Solar Victoria may refuse to pay or recover from the Supplier any Rebate paid for a Non-compliant Product and the Supplier must not seek to recover from the Applicant the amount of a Rebate which Solar Victoria has refused to pay or recovered.

Solar Victoria may publish, from time to time, the compliance performance of Suppliers or their nominated Eligible Installers based on results from a Compliance Audit.

Any certificates issued as a result of rectification of non-compliance must be provided to the Applicant.

9. Warranty

9.1 Warranty Terms and Conditions

The Supplier warrants that the Supply and Installation Works will be performed with all due care and skill, in a timely and professional manner, using appropriately trained and experienced people and in accordance with all applicable laws, standards, principles and industry practice. This warranty must continue for a minimum period of not less than 5 years from the date of installation of the Eligible Product.

The Supplier will obtain for each Applicant the benefit of all manufacturers’ warranties for all Eligible Products supplied as part of the Program. The Supplier must provide each Applicant with a copy of all manufacturers’ product warranty information for all Eligible Products. Warranty works can be completed by the Supplier either directly or via nominated service agents.

10. Administrative and general requirements

10.1 Insurance Requirements

The Supplier must maintain, for the period it participates in the Program:

  1. workers compensation as required by law
  2. professional indemnity insurance with cover of no less than $2 million for any one occurrence
  3. public liability insurance with cover of no less than $10 million for any one occurrence, and
  4. product liability insurance with cover of no less than $10 million for any one occurrence.

10.2 Compliance with Laws

Suppliers must comply with all local, state and federal legislation and regulations including but not limited to:

  1. Privacy Act 1988 (Cth);
  2. Freedom of Information Act 1982 (Vic);
  3. Occupational Health and Safety Act 2004 (Vic);
  4. Building Act 1993 (Vic); and
  5. Electrical Safety Act 1998 (Vic).

If applicable, Suppliers will be required to comply with the Local Jobs First Policy set out in Schedule 1.

11. Occupational Health and Safety Requirements

11.1 Occupational Health and Safety Management Processes

The Supplier must have in place occupational health and safety management processes that meet applicable legislative requirements. Suppliers are expected to:

  1. provide a health and safe work environment and integrate sound health and safety management practices into its business;
  2. manage occupational health and safety hazards; and
  3. provide workers with job-related occupational health and safety training and information.

11.2 Prior Prosecutions

The Supplier must have had no prosecutions registered with WorkSafe Victoria in the past three years (or with an equivalent authority in another Australian jurisdiction).

The Supplier must have had no prosecutions registered with the Victorian Building Authority in the past one year (or with an equivalent authority in another Australian jurisdiction)

The Supplier must have had no prosecutions registered with Energy Safe Victoria in the past one year (or with an equivalent authority in another Australian jurisdiction).

12. Customer Service

12.1 Dealings with Applicants, Eligible Installers and Solar Victoria

The Supplier must ensure that Applicants are treated fairly and receive all consumer protections offered by Australian Consumer Law.

The Supplier must conduct all of the Supplier’s dealings with Applicants, Eligible Installers and Solar Victoria fairly, honestly and in accordance with all applicable laws and best industry practice. The Supplier must keep all Applicant information collected through its participation in the Program secure and must protect such information from misuse and loss and from unauthorised access, modification or disclosure.

12.2 Conduct

The Supplier must, and must ensure that all employees, subcontractors, agents and Eligible Installers that participate in the Rebate Program:

  1. act so as to uphold and enhance the honour, integrity and dignity of Solar Victoria and not bring Solar Victoria into disrepute;
  2. be of good character and in any and all associated business activities will act exclusively with individuals and enterprises of good character;
  3. solicit work and advertise and promote their services and products with dignity and truth, avoiding any potentially misleading statements or omission;
  4. provide a high quality and safe product and service to Applicants;
  5. deal honestly and truthfully with Applicants, employers and government agencies in all matters pertaining to payments, discounts, rebates and grants and the conditions applying to them;
  6. observe and conform to all relevant Australian Standards, all applicable laws, ordinances, regulations and codes of practice; and
  7. promptly report any apparent, potential or actual breach of this Agreement to Solar Victoria.

12.3 Pricing (Fair Price)

The Supplier must not inflate the pre-Rebate price charged to the Applicant above what would otherwise be charged to a customer not eligible for the Rebate for the supply and installation of an Eligible Product.

12.4 Complaints Process

The Supplier must have an appropriate internal customer complaint handling procedure that is fair, efficient and transparent.

The Supplier must notify Solar Victoria of any Applicant complaint received by the Supplier which:

  1. cannot be resolved between the Supplier and the Applicant within a reasonable timeframe; or
  2. the Supplier is required to refer to the applicable consumer affairs body.

The Supplier must provide to Solar Victoria, or its representatives, all reasonable cooperation required in connection with Applicant complaints.

The Supplier must keep all Applicant information collected through its participation in the Program secure and must protect such information from misuse and loss and from unauthorised access, modification or disclosure.

12.5 Prohibition on making Applications for Customers

The Supplier must not take any steps to commence an application in the Portal on an Applicant’s behalf to secure a Rebate allocation or otherwise interfere with the Applicant’s obligation to make an application in their own right and to provide their own application information to Solar Victoria via the Portal. This does not apply to the submission of the Applicant Quotation into the Portal.

Any Rebate paid by Solar Victoria as a result of the Supplier’s breach of the above (or by any other fraudulent conduct of the Supplier in connection with the Program) is recoverable by Solar Victoria from the Supplier as a debt due and payable.

13. Implementation

13.1 Agreement to the Supplier Terms and Conditions

Before being entitled to register on the Panel, Suppliers assessed by Solar Victoria as meeting the requirements of the Program must agree to the Supplier Terms & Conditions.

It is recommended that Suppliers review the Supplier Terms and Conditions before responding to this invitation for applications.

13.2 Declaration of Responsibility

The Supplier must warrant to Solar Victoria that:

  1. it has the financial and technical capabilities and resources to undertake the Supply and Installation Works, or procure Supply and Installation Works, or procure Eligible Products in accordance with the Supplier Terms and Conditions and this document;
  2. all information that it will provide to Solar Victoria and Applicants will be complete, true and correct,
  3. it and its representatives (including its Eligible Installers) will comply with the Supplier Terms and Conditions and all applicable laws and will have all licences and accreditations required by law;
  4. all Eligible Products that it installs (or arranges the installation of) will be free from defects (including defects in installation);
  5. all Eligible Products selected for installation will be appropriate for the property and space for which it is intended to be installed;
  6. it will satisfy itself that each Applicant’s Property is suitable for installation of a Eligible Product;
  7. it will select Eligible Installers who comply with the Eligibility Criteria and other requirements outlined in the Supplier Terms and Conditions;
  8. it will ensure the Supply and Installation Works are performed in accordance with the requirements outlined in this document and the Supplier Terms and Conditions
  9. it will ensure compliance with the Victorian Government’s ban on electronic waste to landfill.

Neither Solar Victoria nor its contractors have responsibility for, or provide any warranty in relation to, the process undertaken, or the standard of care exercised, by the Supplier.

14. Glossary

  • Applicant means the person who applies for a Home Heating and Cooling Upgrade Rebate.
  • Applicant Quotation means a quotation provided by a Supplier to an Applicant for:
    • the purchase and installation of an Eligible Product;
    • the decommissioning of existing gas heaters or electric heaters; or
    • the replacement of a reverse cycle air conditioner that is at least 7 years old.
  • Auxiliary Activities has the meaning given in clause 3.3 of this document.
  • Business Day means a day that is not a Saturday, Sunday or public holiday in Victoria.
  • Certificate of Electrical Safety means a Certificate of Electrical Safety (Prescribed or non-Prescribed) issued under the Electricity Safety Act 1998 and Electricity Safety (General) Regulations 2019 for the supply and installation of an Eligible Product.
  • Completion Documentation means the documentation listed in clause 4.3h) of this document.
  • Eligible Applicant means an Applicant who meets the Eligibility Criteria and the other requirements of clause 3.1 of this document and is therefore eligible for a Rebate under this Program. · Eligible Installer has the meaning given in clause 3.6 of this document. · Eligible Product has the meaning given in clause 3.4 of this document. · Eligible Upgrade Activity has the meaning given in clause 3.2 of this document.
  • Eligible Switchboard means an existing switchboard that predominantly contains rewireable fuses.
  • Eligibility Criteria means the criteria which a Supplier is required to satisfy in order to be eligible to participate in the Program as published in this document and at https://heatingupgrades.vic.gov.au/External Link (and as varied by Solar Victoria in its absolute discretion from time to time).
  • EOI means this Expression of Interest.
  • Fixed Electric Heater means a room heater that is installed, mounted or built-in or may be hard-wired via power supply to the electricity circuit of the home, but is not portable or designed to be readily moved and which is not a reverse cycle air conditioner.
  • Plumbing Certificate of Compliance means a compliance certificate issued by a licensed plumber that complies with the Building Act 1993 (Vic).
  • Portal means the portal established by Solar Victoria for the Program.
  • Program means the Victorian Government Home Heating and Cooling Upgrade program administered by Solar Victoria that involves the provision of discretionary financial benefits (such as Rebates) for the purpose of supporting the installation of an Eligible Product.
  • Property means residential property owned and occupied or owned by an Eligible Applicant where the Eligible Product is to be installed and that is located in the State of Victoria.
  • RCAC means an electric reverse cycle air-conditioner.
  • Rebate means a rebate provided by Solar Victoria to the Applicant under the Program.
  • Rebate Amount means:
    • in relation to supply and installation of an Eligible Product, $1000
    • additionally, in relation to upgrade of switchboard that predominantly contains rewireable fuses, $500
    • additionally, in relation to cost of decommissioning an existing gas heater where it is required, $200.
  • Rebate Token means an electronic rebate token confirming an Applicant’s eligibility for a Rebate issued to an Applicant by Solar Victoria via the Portal.
  • Solar Victoria means Solar Victoria within the Department of Energy, Environment and Climate Action.
  • Split System means a split system (either single or multi-split) reverse cycle air conditioner that meet energy and greenhouse specifications outlined in the document.
  • Supplier means a retailer or installer who sells and installs an Eligible Product and engages or employs an Eligible Installer to undertake Supply and Installation Works required under the Program.
  • Supplier Panel means the Home Heating and Cooling Upgrades Supplier Panel established by Solar Victoria as part of the Program.
  • Supplier Terms and Conditions means the terms and conditions published by Solar Victoria from time to time that govern the Supplier’s participation in the Program.
  • Supply and Installation Cost means the cost of supply and/or installation of an Eligible Product at the Property and may include the cost of:
    • decommissioning an existing gas heater, and/or
    • upgrading a switchboard and/or cabling where it is required to safely install an Eligible Product.
  • Supply and Installation Works has the meaning given in clause 3.5 of this document.
  • Tax Invoice has the meaning given to that term in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
  • Taxes means any taxes, rates, levy, impost, duties or other charges assessed or payable to any government authority and includes any additional taxes, interests, penalties, charges, fees or other amounts imposed in relation to a failure to file a return or to pay the tax.
  • Terms means the Eligibility Criteria and the Supplier Terms and Conditions.

Reviewed 06 January 2023