The Independent Competition and Regulatory Commission (ICRC) has issued a guideline to assist licensed utilities determine what a material breach of their licence is and how to report it to the Commission.
The ICRC said there were two categories of breaches, breaches that were ‘material’ and any other breach that was not found to be ‘material’.
“In deciding whether a breach is ‘material’, the utility should consider the consequences of the breach for the safety of workers and the public, the supply of services, the environment, property and the community generally,” the ICRC said.
“A utility must tell us of any ‘material breaches’ and give us a written statement,” it said.
“The utilities are also required to note material breaches in their annual reports to us.”
The ICRC said timely notification of material breaches was critical as it helped the Commission reduce the adverse effects of the breach by allowing it to ensure appropriate actions were taken to rectify the breach as soon as possible and to avoid a recurrence of the breach.
The Commission said utilities should notify the ICRC’s Chief Executive Officer within 24 hours of first becoming aware of any material breach.
“If the utility determines that a material breach has occurred, it should also provide a written report of the breach to the commission no later than five working days after becoming aware of the breach,” it said.
The ICRC’s six-page Guideline can be accessed at this PS News link.
