Electricity Supply Industry Concession Order 2016

For the purposes of clause 5, a person has a recognised medical need for the premises in which the person resides to be heated or cooled if there is, in relation to the person, a relevant current medical certification.

There is, in relation to a person, a relevant current medical certification if the medical practitioner treating the person has specified in an application form, referred to in clause 5(4), that relates to the medical condition of the person, that, in the opinion of the medical practitioner, the person is unable to self-regulate his or her body temperature because he or she – has a prescribed medical condition; or exhibits one of the primary qualifying medical conditions and one of the secondary qualifying medical conditions.

The treating medical practitioner in relation to a person to whom a medical condition referred to in an application referred to in clause 5(4) relates must be a medical practitioner who has been treating the person for the medical condition to which the application relates for at least 3 months before the date on which the medical practitioner has completed and signed the relevant part of the application form referred to in clause 5(4)(b).

The prescribed medical conditions are the following:multiple sclerosis; lymphoedema;Parkinson's disease; fibromyalgia; motor neurone disease; post-polio syndrome or poliomyelitis; scleroderma; systemic lupus erythematosus; complex regional pain syndrome.

The primary qualifying medical conditions in relation to a person are the following:autoimmune system dysfunction caused by a condition in which the autoimmune system has been damaged; loss of the person's skin integrity or loss of the person's capacity to sweat; objective reduction of the person's physiological functioning when the temperature of the surrounding environment is extreme; a condition that causes, when the temperature of the surrounding environment is extreme, hypersensitivity of the person, causing increased pain or discomfort or an increased risk of the person suffering complications in respect of his or her medical condition.

The secondary qualifying medical conditions in relation to a person are the following:severe immobility of the person resulting in a total or partial inability to self-regulate his or her body temperature; demonstrated significant loss of autonomic regulation of sweating, heart rate or blood pressure, when the temperature of the person's surrounding environment is extreme; demonstrated loss of physiological function, or significant aggravation of an existing clinical condition, when the temperature of the person's surrounding environment is extreme.