1Citation

This code is the Water Services Code of Conduct (Customer Service Standards) 2024.

2Commencement

This code comes into operation as follows —

(a)

Part 1 (other than clauses 3 to 7) — on the day on which this code is published on the WA legislation website;

(b)

the rest of the code — on 1 July 2024.

3Terms used

In this code —

AS, followed by a designation, refers to an Australian Standard having that designation that is published by Standards Australia;

bill means a bill for a water service charge;

bill for usage has the meaning given in clause 11(2);

business customer, of a licensee, means a customer of the licensee who is not a residential customer;

business day means a day other than a Saturday, a Sunday or a public holiday throughout the State;

Centrepay means the facility that allows automatic deductions to be taken from Commonwealth Centrelink payments;

complaint means an expression of dissatisfaction made to or about a person who provides a water service, related to its products, services, staff or the handling of a complaint, for which a response or resolution is explicitly or implicitly expected or legally required;

concession includes an exemption, discount or rebate;

connection means a connection of a water service to land;

estimate includes a calculation based on an estimate;

family violence has the meaning given in the Restraining Orders Act 1997 section 5A;

financial hardship, in relation to a customer who is a residential customer, means being in an ongoing state of financial disadvantage in which the ability of the customer to meet the basic living needs of the customer or a dependant of the customer would be adversely affected if the customer were to pay an outstanding amount;

financial hardship policy has the meaning given in clause 32;

National Interpreter Symbol means the national public information symbol “Interpreter Symbol” (with text) developed by the State of Victoria in partnership with the Commonwealth, State and Territory governments in accordance with AS 2342‑1992;

payment plan has the meaning given in clause 4;

publicly available, in relation to a document or information prepared or produced by a licensee, means that —

(a)

a person may view the document or information on the licensee’s website, and download it from the licensee’s website at no charge; and

(b)

in the case of a document — the licensee will provide the document as a hard copy on request and at no charge; and

(c)

in the case of information — the licensee will provide the information as a hard copy document on request and at no charge;

residential customer, of a licensee, means a customer of the licensee who uses the place in respect of which a water service is provided solely or primarily as the customer’s dwelling;

section means section of the Act;

service interruption means the interruption, suspension or restriction of the provision of a water supply service under section 77;

water services ombudsman has the meaning given in section 65(1).

Note:

A word or expression used in this code has the same meaning as it has in the Act. See sections 26(5) and 27(5) and the Interpretation Act 1984 section 44.

[Clause 3 amended: SL 2024/106 cl. 4.]

4Meaning of payment plan

(1)

A payment plan is an arrangement between a licensee and a customer which provides for the following —

(a)

the customer is allowed to pay a bill, any arrears or a fee or charge (including a reduction, disconnection or restoration fee or charge) by 2 or more instalments while continuing to be provided with a water service;

(b)

in the case of a residential customer — the arrangement is an interest‑free and fee‑free arrangement.

(2)

In subclause (1), a fee‑free arrangement is an arrangement that does not include a fee or charge associated with the establishment or operation of a payment plan that would not otherwise be payable if the residential customer had not entered into the payment plan.

[Clause 4 amended: SL 2024/106 cl. 5.]

5Application of code

(1)

This code applies to —

(a)

each licensee that provides a water supply service, but only in respect of the supply of —

(i)

potable water; or

(ii)

water that is not potable but is able to be treated by the customer to make it fit for humans to drink;

and

(b)

each licensee that provides a sewerage service.

Note for this subclause:

Under section 26(7), as applied by section 27(5), a provision of this code is of no effect to the extent to which it is inconsistent with a provision of the Act or another written law. For example, a provision of this code is of no effect to the extent to which it is inconsistent with a provision of the Local Government Act 1995, or regulations or local laws under that Act, in relation to a licensee that is a local government or a customer of a licensee that is a local government.

(2)

If charges do not apply for the provision of a water service to a customer by a licensee, the application of this code to the provision of the water service is modified as follows —

(a)

Parts 3 and 4 and clauses 37 to 41, 43(1), 52(1)(a), (b), (c), (g) and (h) and (2)(a) to (e) and 55 do not apply;

(b)

clause 42 does not apply except to the extent that it applies to the reduction, under section 95(2), of the rate of flow of a supply of water;

(c)

clause 44 does not apply except to the extent that it applies to the restoration of a supply of water which has been cut off, or the rate of flow of which has been reduced, under section 95(1)(a), (c), (d) or (e);

(d)

clause 51(1) does not apply to the extent that it refers to account or payment enquiries;

(e)

clause 51(2) does not apply to the extent that it refers to bills previously issued or previous billing periods;

(f)

clause 52(5) does not apply to the extent that it refers to a requirement under clause 52(1)(a), (b), (c), (g) and (h) and (2)(a) to (e).

6Contracting out

(1)

Nothing in this code prevents a licensee and a business customer from entering into an agreement that varies or displaces the requirements of this code in relation to the licensee or customer.

(2)

Subclause (3) applies if the licence of a licensee (the relevant licensee) is one to which Schedule 1 clause 10(1) of the Act applies.

(3)

If an agreement between the relevant licensee and a customer that was in effect on 18 November 2013 and remains in effect has provisions that are inconsistent with this code in relation to the licensee or customer, the provisions of the agreement prevail to the extent of the inconsistency.

[Clause 6 amended: SL 2024/106 cl. 6.]

7Notes and examples not part of code

Notes and examples in this code are provided to assist understanding and do not form part of the code.

8Information about connections

(1)

A licensee must have written information for customers about connections.

(2)

The information must deal with the following —

(a)

entitlements under section 73 to the provision of —

(i)

water supply services; and

(ii)

sewerage services;

(b)

licensee functions under section 21 concerning the provision of —

(i)

water supply services; and

(ii)

sewerage services;

(c)

the regulations that prescribe requirements for the purpose of section 21(2)(c) or (3)(c);

(d)

how to apply for a connection;

(e)

the things that a customer must do, and the things that must be complied with, before a connection is made;

(f)

the fees that apply in relation to connections and when the fees are payable;

(g)

the period mentioned in clause 9(2) in which standard supply connections as defined in clause 9(1) are required to be completed.

(3)

The information must be publicly available.

9Minimum performance standards for standard supply connections

(1)

A connection is a standard supply connection if it —

(a)

connects a metered water supply service to an existing main; and

(b)

comprises 20 mm water supply pipes.

(2)

A standard supply connection must be completed before the end of the period of 10 business days starting on the day on which both of these things have been complied with —

(a)

the customer has done and complied with all the things that the customer must do and comply with before a standard supply connection is made; and

(b)

the fees that apply in relation to the standard supply connection have been paid.

(3)

Subclause (2) does not apply if the licensee and customer expressly agree otherwise.

(4)

A licensee must ensure that there is a 90% compliance rate with subclause (2) in any 12‑month period ending on 30 June.

10Bills other than for quantities supplied or discharged

(1)

In this clause —

fixed charge means a water service charge that is not a quantity charge as defined in clause 11(1).

(2)

If fixed charges apply for the provision of a water service to a customer by a licensee, the licensee must, at least once in every 12‑month period, issue a bill for a fixed charge to the customer.

11Bills for quantities supplied or discharged

(1)

In this clause —

quantity charge means a water service charge based on the quantity of water supplied or wastewater discharged.

(2)

If quantity charges apply for the provision of a water service to a customer by a licensee, the licensee must, at least once in every 4‑month period, issue a bill (a bill for usage) for a quantity charge to the customer.

(3)

Subject to this clause, a bill for usage must be based on a meter reading to ascertain the quantity supplied or discharged.

(4)

If an accurate meter reading is not possible, a bill for usage must be based on an estimate, in accordance with regulations mentioned in section 222(2)(h) (if any), of the quantity of water supplied or wastewater discharged.

(5)

If an accurate meter reading is not possible and there are no applicable regulations, a bill for usage must be based on a reasonable estimate of supply or discharge —

(a)

by referring to a daily average quantity of water supplied, or wastewater discharged, in a previous period; or

(b)

by adjusting the quantity as measured by a faulty meter to take into account the effects of the fault; or

(c)

on a basis agreed with the customer.

(6)

Despite subclauses (4) and (5), at least once in every 12‑month period a bill for usage based on a meter reading must be issued.

(7)

However, subclause (6) does not apply if the licensee —

(a)

is satisfied that the customer has failed to comply with the Water Services Regulations 2013 regulation 24(1) in relation to the meter that is required to be read; and

(b)

has given a compliance notice to the customer under the Water Services Regulations 2013 regulation 24(3) in relation to that meter within the last 12 months.

12Sending bills

(1)

A licensee must allow a customer to choose to receive bills —

(a)

by post; or

(b)

by email.

(2)

A licensee must, when offering a choice under subclause (1), inform the customer of any charge for sending a bill.

(3)

A bill sent by post must be sent —

(a)

to the address of the place in respect of which the water service is provided; or

(b)

if the customer nominates another address, to the nominated address.

(4)

A bill sent by email must be sent to an email address provided by the customer (and if the customer does not provide an email address then the bill may be sent by post).

(5)

A licensee must not charge a customer for sending a bill if the customer —

(a)

has advised the licensee that they are affected by family violence; or

(b)

is receiving a concession; or

(c)

has been assessed by the licensee as a customer experiencing financial hardship; or

(d)

is recorded on the preserved supply register under Part 9.

[Clause 12 amended: SL 2024/106 cl. 7.]

Water Services Code of Conduct (Customer Service Standards) 2024

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