Enforcement
The Commission regulates compliance and enforcement in the industries it regulates, with a suite of associated powers which it uses to ensure that consumers’ long-term interests are protected.
The Essential Services Commission Act 2012 provides that the statutory functions of the Commission include:
- monitoring and enforcement of compliance with, and promotion of improvement in, standards and conditions of service and supply under relevant industry regulation Acts; and
- as necessary, conducting prosecutions for contraventions of the Essential Services Commission Act or relevant industry regulation Acts.
In undertaking its compliance role, the Commission is guided by its legislative objectives in particular the need to protect the long-term interests of South Australian consumers with respect to the price, reliability and quality of essential services.
The Commission has published an enforcement policy, providing guidance on the criteria and processes it uses in determining the type of enforcement action required on a case-by-case basis.
ENFORCEMENT POLICY
Warning notice and assurance register
As outlined in the Enforcement Policy, the Commission may issue a formal written warning notice to a regulated entity where it appears, to the Commission, that the regulated entity has been guilty of a contravention of the Water Industry Act 2012, Electricity Act 1996 or Gas Act 1997.
This is a register of warning notices issued by the Commission and assurances given by regulated entities.
EnergyAustralia Pty Ltd - October 2019 - REES compliance action
Momentum Energy - October 2015 - REES compliance action
Carter Holt Harvey Wood Products Australia Pty Limited - April 2005