The Commission regulates compliance and enforcement in the water industry, with a suite of associated powers which it uses to ensure that consumers’ long-term interests are protected.
The ESC Act 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.
The Commission gives effect to its regulatory compliance role through a number of related actions. First, it makes regulated water entities aware of their regulatory obligations and the possible consequences of non-compliance. Second, it monitors compliance through regular reporting and review arrangements (including auditing of business operations). Finally, appropriate enforcement action is taken in cases where non-compliance is detected.
The Commission has established the following guidelines which support the compliance regime:
- Water guideline No 1 - Compliance and reporting
- Water guideline No 2 - Information requirements for major retailers
- Water guideline No 3 - Information requirements for minor and intermediate retailers
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.
For further information, to assist in completing the required reports to be submitted to the Commission each year, are available on the reporting major retailers page or minor and intermediate retailers page.