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Mibenge Nsenduluka

Water retailer breached family violence provisions

Victorian water retailers must have robust policies to protect customers, a commissioner says. (Joe Castro/AAP PHOTOS)

A public water retailer will review its policies and compliance after the Victorian regulator found it breached family violence obligations by sharing the personal information of two customers.

The Essential Services Commission on Tuesday accepted a two-year, court-enforceable undertaking from South East Water after a probe found the government-owned retailer failed to protect two separate customers in 2021 and 2022.

South East Water allegedly sent out correspondence with the personal information of customers affected by family violence to the wrong addresses, putting them at risk of harm.

The commission also found South East Water failed to publish important information on its website, including its hardship policy and how customers impacted by family violence can get help.

In certain situations, customers may be entitled to have debts waived but this information was not made publicly available, the water regulator found.

Commission chairwoman Kate Symons said water and energy businesses were legally obligated to offer support to anyone affected by family violence.

"We take breaches of family violence provisions seriously," Ms Symons said.

"Businesses providing Victorians with essential water and energy services must have robust policies and procedures in place to comply with obligations that support and protect their customers."

The commission launched its investigation following a referral from Victoria’s Energy and Water Ombudsman.

As part of the undertaking South East Water must improve its policies, training and compliance monitoring.

It must also appoint an independent auditor and an independent person with expertise in family violence and water legislation.

South East Water managing director Lara Olsen said the customer privacy breach was a mistake.

"We've sincerely apologised to the two customers whose privacy was breached due to our unintended disclosure of personal information to people who shouldn't have had it," Ms Olsen said.

"We've updated our Domestic and Family Violence policy and processes, and we’re committed to making sure we continually improve on the way we provide protection to our customers."

A spokesperson for the commission said it is closely monitoring the water retailer.

"South East Water is required to be very transparent in what they improve, and when, under their compliance improvement action plan," the commission said.

"The commission will monitor and receive reports regarding South East Water’s progress ... if South East Water fails to comply with any part of its undertaking, we have the ability to apply to a court for relevant orders."

The commission introduced family violence protections following the 2016 Royal Commission into Family Violence, which found essential services could be used by perpetrators of family violence to cause harm.

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