Working with third parties

ACPs may work with consumers to implement upgrades and help reach their energy efficiency goals.

Typically, this involves the consumer transferring their ‘original energy saver’ or ’original capacity holder’ rights to the ACP. The ACP can then use the energy savings to create certificates. In return, the ACP will give the consumer a discount on the activity. 

Under the legislation, the process of transferring these rights is called 'nomination'.

This nomination must be made by the person defined as the:

• 'original energy saver' under the ESS Rule.
• 'original capacity holder' under the PDRS Rule.

This person is generally the person who is funding the upgrade – that is, the consumer. The person to whom the rights are transferred is termed the 'nominated energy saver' or 'nominated capacity holder' – that is, the ACP.

Nominating an energy saver or capacity holder is typical in:

• residential settings where it is not viable for the householder to become an ACP and create certificates
• commercial and industrial settings where the original energy saver contracts an ACP or energy service company to create certificates on their behalf.

The consumer will need to sign a nomination form. We provide a nomination form template for you to use.

ACPs may use installers, consultants and suppliers to deliver energy savings activities. These third parties can perform a range of activities such as: 

• promoting your services
• undertaking administrative tasks on your behalf
• supplying or installing equipment
• for PDRS only, signing a householder’s battery up to a demand response contract.
• maintaining and storing records
• ensuring original energy savers and original capacity holders understand the nomination form's function and legal status
• maintaining appropriate customer service.
• the ESS
• the PDRS
• IPART
• the NSW Government. 

As the ACP, you are responsible for ensuring they follow all requirements of the relevant scheme. This applies to any person doing any aspect of the activity that you are accredited in. Examples include (but are not limited to):

You or your representatives must not identify yourselves as a representative of:

To do so is a breach of your conditions of accreditation.

See Minimum Requirements for information on your obligations when working with third parties.

Does your activity involve a lighting or water heater upgrade? Work closely with providers to ensure equipment you use meets scheme requirements.

This includes ensuring that you only use products accepted by us for use in the relevant scheme. You can find more information about this under Product acceptance or see the list of accepted products in TESSA. 

For information on how to have a product accepted, see our Product Applications Guide.