Water Services Code of Practice (Family Violence) 2020

The Code is structured around three main concepts: identification and special handling of customers affected by family violence, privacy and information protection for those customers, and alignment with existing financial-assistance frameworks. The operative definition of a “customer affected by family violence” is confined to a residential customer directly or indirectly affected by family violence (cl.3(2)). The Code therefore does not extend these particular duties to commercial customers; obligations are triggered only where a water service is provided to a residential customer (cl.4).

The family violence policy required of licensees must explicitly cover discrete components: staff training (cl.5(1)(a)); what information and referral to external support services is provided and when (cl.5(1)(b)); an identification process that avoids requiring repeated disclosure (cl.5(1)(c)); protection of information obtained (cl.5(1)(d)); criteria for treating the customer as experiencing payment difficulties for the purposes of the Water Services Code of Conduct (Customer Service Standards) 2024 or financial hardship under the licensee’s own financial hardship policy (cl.5(1)(e)(i)-(ii)); how debt management and recovery will be handled for affected customers (cl.5(1)(f)); and a prohibition on requesting written evidence unless reasonably necessary (cl.5(1)(g)). The Code ties the treatment of affected customers to existing regulatory instruments: it refers to the Water Services Code of Conduct (Customer Service Standards) 2024 (cl.5(1)(e)(i) and cl.9), and to the licensee’s own financial hardship policy under that Act (cl.3(1) definition of “financial hardship”, and cl.5(1)(e)(ii)).

Record keeping is framed as a compliance and evidentiary obligation. If the licensee is a government organisation as defined in the State Records Act 2000, records are to be kept in accordance with that Act (cl.8(1)(a)); otherwise the Code prescribes retention periods , seven years after last communication between the licensee and the customer or water services ombudsman for customer-related records, or seven years after the record is made for other records (cl.8(2)(a)-(b)). The Code mandates informing a customer affected by family violence, at first contact on a particular matter, of the licensee’s complaints procedure under the Customer Service Standards (cl.9). It also requires licensees to maintain a public, free and easily accessible family violence policy , published on the website and available in hard copy on request (cl.6) , and to provide a link on their website to the official version of the Code as published by the Western Australian Government (cl.10).

The Code distinguishes “financial hardship” and “payment difficulties” as separate states: financial hardship is defined as an ongoing state of disadvantage that would impair meeting basic living needs if the unpaid bill were paid; payment difficulties are a non-ongoing state of disadvantage where the customer is presently unable to pay an unpaid bill (cl.3(1)). Those definitions are the trigger points for classifying customers under the licensee’s policy (cl.5(1)(e)) and for the application of debt management rules in the Customer Service Standards.

Primary statutory subjects are licensees that supply water services to residential customers in Western Australia (cl.4). The obligations are expressly directed to a “licensee” and use mandatory language (for example, “must have a policy”) throughout Part 2 and Part 3 (cl.5(1), cl.6, cl.7, cl.8, cl.9, cl.10). The Code defines “residential customer” as a customer who uses the place in respect of which a water service is provided solely or primarily as the customer’s dwelling (cl.3(1)). A “customer affected by family violence” is, correspondingly, a residential customer directly or indirectly affected by family violence (cl.3(2)). Therefore, businesses that hold licences and supply non-residential premises are outside the Code’s remit for the family violence policy duties.

Customers affected by family violence are beneficiaries of the duties. The Code prescribes measures to reduce repeated disclosure (cl.5(1)(c)), to protect information (cl.5(1)(d)), to provide referral information about external support services (cl.5(1)(b)), and to be informed of the complaints procedure upon first contact about the family violence matter (cl.9). The Code also requires licensees to treat customers affected by family violence as experiencing payment difficulties or financial hardship in specified circumstances (cl.5(1)(e)). Those classification points interact with existing financial-assistance frameworks under the Water Services Code of Conduct (Customer Service Standards) 2024 and licensee financial hardship policies (cl.5(1)(e)(i)-(ii)).

Employees and other persons who interact with customers on behalf of a licensee are directly implicated by the training obligation (cl.5(1)(a)). The Code requires training to enable employees and other interacting persons to respond appropriately to customers affected by family violence. That creates an employer duty to design, deliver and record training and to supervise its application in front-line customer interactions.

The Minister has limited but explicit supervisory power: the licensee must review its family violence policy at least once every five years and also in response to a Ministerial direction (cl.7(a)-(b)). Records are subject to State Records Act obligations where the licensee is a government organisation (cl.8(1)(a)), affecting public utilities and government-owned businesses differently from private licensees, who must follow the seven-year retention rules in cl.8(2). The Water Services Ombudsman is indirectly implicated via the record-retention requirement referencing communications between the licensee and the water services ombudsman (cl.8(2)(a)).

Key mandatory duties:

• Adopt and maintain a family violence policy addressing the enumerated matters (cl.5(1)). The policy must cover training, referral information, identification processes avoiding repeated disclosure, information protection, criteria for treating the customer as experiencing payment difficulties or financial hardship, debt management and recovery procedures, and a prohibition on requesting written evidence unless reasonably necessary (cl.5(1)(a)-(g)).

• Implement the policy within six months of clause commencement or within six months of licence grant for later licensees (cl.5(2)).

• Publish the family violence policy on the licensee’s website and provide hard copies free of charge on request (cl.6(a)-(b)).

• Review the family violence policy at least once in every five-year period and whenever directed by the Minister (cl.7(a)-(b)).

• Maintain adequate records demonstrating compliance with the Code or policies under it. Government organisations must comply with the State Records Act 2000 (cl.8(1)(a)); other licensees must retain records for at least seven years after the last communication on the subject for customer-related records or seven years after the record is made for other records (cl.8(2)).

• Inform a customer affected by family violence, at their first contact on the particular matter, of the licensee’s complaints procedure under the Water Services Code of Conduct (Customer Service Standards) 2024 clause 49 (cl.9).

• Ensure the licensee’s website contains a link to the current version of this Code on the WA Government legislation website (cl.10).

Rights and protective measures specified in the Code:

• Customers affected by family violence are protected from being asked to provide written evidence of family violence unless that evidence is reasonably necessary to assess appropriate debt-management or recovery measures (cl.5(1)(g)). This creates a right against routine evidential demands.

• Customers have a right to free hard copies of the family violence policy and to access the policy online (cl.6).

• Customers are to be classified as experiencing payment difficulties or financial hardship in the circumstances set out in the family violence policy, which must state those circumstances with reference to the Water Services Code of Conduct and the licensee’s financial hardship policy (cl.5(1)(e)). This procedural right interfaces with debt management protections under the Customer Service Standards.

Duties place decision-making burdens on licensees: they must design objective (or at least documented) criteria for when family-violence-affected customers are treated as in payment difficulties or financial hardship, and they must implement procedural protections for sensitive information (cl.5(1)(d)-(e)). Employees and agents who interact with customers must be trained to apply those policies (cl.5(1)(a)). The Code does not itself allocate discretion to third parties beyond the licensee’s exercise of reasonable necessity for requesting evidence (cl.5(1)(g)) and the Minister’s power to direct review (cl.7(b)).

The Code itself contains no express civil or criminal penalties, infringement notices, or administrative sanctioning provisions within its text. It specifies obligations phrased as mandatory duties (for example, “A licensee must have a policy” (cl.5(1))), but does not enumerate a penalty mechanism, fines, or compliance notices within this Code. The only explicit external supervisory action referenced is the Minister’s power to direct a licensee to review its family violence policy (cl.7(b)). Record-keeping obligations are cross-linked to the State Records Act 2000 for government organisations (cl.8(1)(a)), which may carry its own compliance regime for those entities, but this Code does not itself reproduce enforcement provisions from that Act.

The Code cross-refers to the Water Services Code of Conduct (Customer Service Standards) 2024 for classification of payment difficulties and for complaints procedure obligations (cl.5(1)(e)(i) and cl.9). Those external instruments may include enforcement mechanisms under the Water Services Act 2012 or other regulatory rules, but this Code does not set out any enforcement routes tied to non-compliance with its clauses. The Code’s compilation and editorial changes tables show the operation and dates of amendments under the Legislation Act 2021, but do not indicate enforcement changes (Compilation table; Editorial changes table).

Because the Code lacks in-text penalties, enforcement and sanctions , if any , will depend on the interaction with primary legislation, licensing conditions and other regulatory instruments that are not reproduced in this Code. The Code does, however, create documentary obligations (cl.8) and publication obligations (cl.6 and cl.10) that are objectively verifiable and therefore amenable to external audit, licence compliance checks or oversight if the licensing authority or other regulator chooses to act on non-compliance under other statutory powers. The Code does not specify a complaints or disputes mechanism for enforcement of its own provisions; clause 9 only requires informing affected customers of the licensee’s complaints procedure under the Customer Service Standards (cl.9), not a separate enforcement path under the family violence Code itself.

This Code cross-references and interoperates explicitly with multiple other statutory instruments and legal concepts:

• Definition of family violence: the Code adopts the meaning of “family violence” given in the Restraining Orders Act 1997 s 5A (cl.3(1)). That ties the Code’s operational scope to the statutory definition in that Act.

• Water Services Code of Conduct (Customer Service Standards) 2024: the Code requires licensees to state in their family violence policy the circumstances in which customers affected by family violence will be taken to be experiencing payment difficulties for the purposes of that Code (cl.5(1)(e)(i)). Clause 9 requires licensees to inform affected customers of the licensee’s complaints procedure under clause 49 of the Customer Service Standards (cl.9). Thus the family violence policy is intended to operate in tandem with, and to trigger protections under, the Customer Service Standards.

• Financial hardship policy linkage: the Code requires licensees to state in their family violence policy when a customer affected by family violence will be treated as experiencing financial hardship for the purposes of the licensee’s financial hardship policy under the Customer Service Standards (cl.5(1)(e)(ii); definition of “financial hardship” in cl.3(1)). This creates a procedural bridge between the family violence policy and the licensee’s obligations under the financial hardship framework.

• Water Services Act 2012 and Interpretation Act 1984: the Code notes that other words and expressions have the same meanings as in the Water Services Act 2012 and refers to the Interpretation Act 1984 s 44 for interpretive assistance (cl.3(1) Note). That anchors the Code within the larger statutory environment for water services regulation.

• State Records Act 2000: record-keeping for government organisations must follow obligations under the State Records Act 2000 s 3(1) (cl.8(1)(a)). For non-government licensees, the Code prescribes seven-year retention periods (cl.8(2)). This creates different record-retention regimes depending on the licensee’s legal status.

• Legislation Act 2021: the editorial changes table cites the authority for editorial changes under the Legislation Act 2021 Part 3 and specifies provisions affected and effective dates (Editorial changes table). The Code itself as compiled reflects editorial amendments authorised by that Act.

• Water services ombudsman: the Code references communications with the water services ombudsman as a retention-trigger for customer-related records (cl.8(2)(a)), incorporating the ombudsman into the evidentiary trail and compliance record.

The Code is not freestanding; it is explicitly designed to interact with the consumer-protection and financial-assistance provisions of the Customer Service Standards and with broader regulatory and public-records regimes. It does not replace or restate those other instruments, but requires licensees to connect their family violence policies to existing complaint, payment-difficulty, and financial-hardship processes. The Code’s reliance on external definitions and procedures means licence-holders must map their family violence policies to those other instruments to ensure consistent treatment and to avoid operational gaps where the family violence policy points to protections that are only available under the Customer Service Standards.

The Code as compiled here was made as the Water Services Code of Practice (Family Violence) 2020 (SL 2020/241). The compilation table records publication on 8 December 2020 and commencement for Part 1 on 8 December 2020, with the remainder of the Code commencing on 9 December 2020 (Compilation table). The compilation also shows a version that includes editorial changes effective as at 16 January 2025 (Compilation table entry titled “with editorial changes as at 16 Jan 2025”).

The editorial changes table discloses particular provisions that were subject to editorial changes under the authority of the Legislation Act 2021 Part 3. It lists cl.3, cl.5(1)(e)(i) and cl.9 as affected by an editorial change authorised by s.25(4) of the Legislation Act 2021, effective 16 January 2025. It also notes cl.8(1)(a) as affected by an authorising provision at s.39, although no effective date is printed in this table for that item. The editorial changes are stated to be non-substantive in effect , the Legislation Act authorises editorial changes that do not alter the law’s effect (Editorial changes table explanatory paragraph).

No other substantive amendment history appears in the compilation provided. The Code includes the standard compilation and editorial metadata used in WA legislative publications to show when the instrument was made and when non-substantive editorial changes were applied. The material does not record any later legislative amendments, repeals or substantive re-drafting beyond the editorial corrections noted. Because the Code cross-references other instruments that themselves may be amended, licensees should monitor those external instruments (for example, the Water Services Code of Conduct (Customer Service Standards) 2024) for changes that affect interactions described in cl.5 and cl.9, but the compilation does not itself list further amendment events.

The text provided contains no case references, judicial decisions or examples of litigation arising under the Code. The compilation and editorial changes tables, and the Code’s text, do not identify any court or tribunal decisions interpreting or enforcing the Code. The only references to adjudicative bodies are administrative in character: communications with the water services ombudsman are relevant for record-retention purposes (cl.8(2)(a)), and the Minister may direct a review of a licensee’s policy (cl.7(b)).

Because no litigation history is included in the source, there is no case law within this instrument to cite on issues such as the meaning of “reasonably necessary” in cl.5(1)(g), the adequacy of a licensee’s training under cl.5(1)(a), or the sufficiency of privacy protections under cl.5(1)(d). Practitioners seeking precedential guidance will need to consult decisions under the Water Services Act 2012, consumer protection or privacy statutes, or tribunal determinations involving the Customer Service Standards or related instruments, none of which are reproduced or summarised in this Code.

The absence of litigation history in the Code does not imply an absence of disputes in practice; it only indicates that the source document provides no record of adjudication. Licensees and their advisers should therefore consider how the Code’s obligations would be evidenced and tested in complaints or regulatory reviews, noting the record-keeping obligations (cl.8) and the requirement to inform customers of complaints procedures (cl.9) as part of an evidentiary trail.

Several practical and interpretive risks arise from the Code’s text that users and advisers should note.

Scope limitation: the Code applies only to licensees providing water services to residential customers (cl.4). A premise used primarily for commercial purposes will not trigger the Code’s family-violence duties, because “residential customer” is narrowly defined (cl.3(1)). Entities with mixed-use customers should treat classification carefully.

Timing and transitional risk: licensees must have a family violence policy within six months of the clause coming into operation, or within six months of grant of licence if the licence is granted after clause commencement (cl.5(2)). Failure to meet that timetable is a direct non-compliance with the Code, although the Code does not list sanctions for late adoption.

Ambiguity of “reasonably necessary”: cl.5(1)(g) prohibits requesting written evidence of family violence unless such evidence is “reasonably necessary to enable the licensee to assess appropriate measures that it may take in relation to debt management and recovery”. The Code does not define “reasonably necessary” or prescribe standards of proof, leaving licence-holders to exercise judgement. That discretion creates legal risk if a customer or regulator disputes the reasonableness of an evidentiary request.

Information protection vs record retention tension: cl.5(1)(d) requires protection of information obtained from or relating to customers affected by family violence, but cl.8 requires retention of records (seven years) and, for government organisations, compliance with the State Records Act 2000 (cl.8(1)(a)-(2)). Licensees must reconcile obligations to protect sensitive information with statutory retention rules and any disclosure obligations under other laws. The Code does not specify security standards or redaction rules.

Cross-reference dependencies: the Code links protections to the Water Services Code of Conduct (Customer Service Standards) 2024 (cl.5(1)(e)(i); cl.9). If a licensee’s family violence policy points to protections in that external code, the practical availability of those protections depends on the terms and operation of the Customer Service Standards. Changes to the Customer Service Standards could affect the protection that the family violence policy promises.

Record evidencing and auditability: clause 8 sets objective retention periods (cl.8(2)), and clause 6 requires public posting and provision of hard copies free of charge (cl.6). Failure to publish, furnish hard copies, or to retain records could be readily detectable in audits or complaint investigations. However, because the Code itself contains no explicit enforcement mechanism, consequences will depend on the exercise of other statutory powers or administrative enforcement not specified in the Code.

Training adequacy and front-line discretion: cl.5(1)(a) requires training to “enable” employees and other persons interacting with customers to respond appropriately. The Code does not prescribe training content, frequency, assessment or record-keeping standards, creating operational uncertainty about what will satisfy the obligation. A licence-holder’s choice of training provider, syllabus, and evidence of completion will materially affect compliance risk.

Website link requirement: cl.10 mandates that licensees ensure their website contains a link to the current version of this Code as it appears on the WA Government’s legislation website. Licensees must monitor that external URL and update their own site if the Government’s hosted version changes. The editorial changes table shows that editorial updates have occurred (Editorial changes table), so licensees must keep the live link current.

Ministerial direction and review frequency: cl.7 obliges review at least every five years and also upon Ministerial direction. A Ministerial direction may arise with limited notice and could require substantive policy amendment on a compressed timetable, depending on the direction’s terms. The Code does not prescribe timelines for responding to a Ministerial direction beyond the obligation to review.

No self-contained enforcement pathway: as noted, the Code does not prescribe penalties or enforcement processes. For parties relying on the Code’s protections, the absence of an internal enforcement route may complicate remedial or litigation strategies.

A practical compliance pathway for a licensee follows directly from the Code’s requirements. Below are discrete steps mapped to the relevant clauses:

1. Confirm scope and timing

   • Determine whether each customer base includes residential customers as defined (cl.3(1)) and therefore whether the Code applies (cl.4).
   • If the Code applies and no family violence policy exists, plan to adopt a policy within six months of clause operation or licence grant (cl.5(2)).

2. Draft the family violence policy to cover the mandatory matters (cl.5(1)):

   • Training: document the training curriculum, delivery method, target employees/agents, frequency, and records of completion (cl.5(1)(a)).
   • External support information: list external support services, define when information is provided (e.g., at first contact, on bill notices), and include scripts or referral pathways (cl.5(1)(b)).
   • Identification process: design and document a process that identifies accounts without requiring repeated disclosure (cl.5(1)(c)). Implement flags or case notes that minimise customer re-telling while capturing necessary handling instructions.
   • Information protection: set privacy and data security procedures, access controls, redaction standards, and staff responsibilities for handling sensitive records (cl.5(1)(d)).
   • Classification criteria: state the specific circumstances in which the licensee will treat customers as experiencing payment difficulties under the Customer Service Standards or financial hardship under the licensee’s own policy (cl.5(1)(e)(i)-(ii)); cross-map these to the Customer Service Standards and to the licensee’s financial hardship policy.
   • Debt management and recovery: write debt management protocols for accounts of customers affected by family violence, including moratoria, adjusted billing arrangements, or referral to hardship teams (cl.5(1)(f)).
   • Evidentiary requests: include a principled test for when written evidence is “reasonably necessary” and document the approval process for such requests to ensure consistency and defensibility (cl.5(1)(g)).

3. Publish and make available (cl.6 and cl.10):

   • Post the policy on the licensee’s website and provide a free hard copy on request (cl.6).
   • Ensure the website contains a link to the current version of this Code as it appears on the WA Government legislation site (cl.10). Monitor that external Government page for editorial updates (see Editorial changes table).

4. Training and operations:

   • Deliver training to employees and agents interacting with customers and retain records demonstrating who was trained, when, and content covered (cl.5(1)(a)).
   • Implement front-line scripts and identification procedures that inform customers of available support and offence-avoidant phrasing to reduce re-traumatisation (cl.5(1)(b)-(c)).
   • Ensure first-contact staff inform customers affected by family violence of the licence’s complaints procedure as required (cl.9).

5. Records and data protection (cl.8 and cl.5(1)(d)):

   • For government organisations, ensure records management aligns with the State Records Act 2000 obligations (cl.8(1)(a)).
   • For other licensees, retain each customer-related record for at least seven years after the last communication with the customer or water services ombudsman regarding that matter, and other records for seven years after creation (cl.8(2)(a)-(b)).
   • Apply the policy’s information protection measures to retained records and document access and disclosure logs where sensitive information is stored.

6. Policy review and governance (cl.7):

   • Schedule periodic reviews at least once every five years and implement a governance mechanism to respond to a Ministerial direction to review (cl.7(a)-(b)).
   • Maintain a version-controlled policy document and an audit trail of reviews and changes to demonstrate compliance.

7. Complaints and escalation (cl.9 and cross-ref to Customer Service Standards):

   • Ensure complaints-handling teams are aware of the requirement to be informed to customers on first contact and that complaint records are maintained in line with cl.8.
   • Map the family violence policy to the Customer Service Standards’ clause 49 complaints procedure for operational coherence (cl.9).

8. Documented decision-making and evidence standards:

   • For requests for evidence of family violence, document the rationale, who authorised the request, and why the request met the “reasonably necessary” standard in cl.5(1)(g). This will be important if the reasonableness of a request is later disputed.

9. Monitoring and audit:

   • Implement internal audit checks to verify (a) policy publication and hard-copy provision (cl.6), (b) training logs (cl.5(1)(a)), (c) record retention compliance (cl.8), and (d) first-contact disclosure of the complaints procedure (cl.9).
   • Maintain linkage documents showing how the family violence policy interacts operationally with the Customer Service Standards and the licensee’s financial hardship policy (cl.5(1)(e)).

Who pays and who decides: the licensee bears implementation costs , drafting, training, website publication, provision of free hard copies and record-keeping systems. The licensee also makes the operational decisions required by the policy, subject to Ministerial directions to review (cl.7(b)). Customers decide whether to identify themselves as affected by family violence and whether to request a hard copy of the policy (cl.6(b)); if they do, the licensee must supply it free of charge.

Record-keeping and auditability are central to compliance. Design documentation and evidence trails to show policy adoption within the six-month window (cl.5(2)), training delivery (cl.5(1)(a)), and retention of customer-related records for seven years (cl.8(2)(a)). These measures will reduce operational uncertainty given the Code does not set out an internal enforcement regime but does create objectively verifiable duties.