Endeavour Energy Annual Performance Report - Parliament of New ...

10
Appendices
Notifications to the
Independent Commission
Against Corruption
In 2010–11 there were 11 notifications to
the Independent Commission Against
Corruption (ICAC) in accordance with
the provisions of the Independent
Commission Against Corruption Act
1988 (NSW).
Endeavour Energy received one
notification from the ICAC concerning
allegations of corrupt conduct.
Summary of Legislative
Changes and Judicial
Decisions
Endeavour Energy’s operations are
subject to numerous state and federal
laws, and Judge made law. A number of
these laws were amended and new laws
affecting Endeavour Energy commenced
in the financial year ending 30 June 2011.
Material changes to
NSW legislation
Amendments to the Energy
Services Corporations Act 1995
(NSW)
Effective from 2 March 2011 the Energy
Services Corporations Act was amended
by the Energy Services Corporations
(Change of Name) Regulation 2011. As
a result, the names of Energy Services
Corporations Act entities were changed,
including that of Integral Energy Australia
which became Endeavour Energy.
Amendments to the Electricity
Supply Act 1995 (NSW)
From 1 July 2010, Endeavour Energy
is required, as a condition of its
distribution network service provider’s
licence, to be a member of Dial
Before You Dig organisation and to
comply with obligations imposed by
its membership of that organisation.
In addition Endeavour Energy is now
required to ensure that a person who
notifies it of prescribed excavation
work to be undertaken in the vicinity
of its underground electricity power
lines is informed of the existence of
a guideline published by WorkCover
concerning work carried out near
underground assets.
Introduction of the Government
Information (Public Access) Act
2009 (NSW)
The Government Information (Public
Access) (Consequential Amendments and
Repeal) Act 2009 repealed and replaced
the Freedom of Information Act from 1
July 2010 (FOI Act) and replaced it with
the Government Information (Public
Access) 2009 (GIPA Act). The GIPA Act
promotes greater proactive disclosure of
information by Government and confers
a legal right for any member of the public
to apply for access to information held by
the NSW Government.
There is now a presumption in favour of
disclosure of information to applicants.
Endeavour Energy is required to release
information requested by an applicant
unless there is an overriding public
interest against disclosure.
Amendments to the Occupational
Health and Safety Act 2000 (NSW)
The NSW Government has accelerated
its adoption of some key elements of the
OH&S ‘harmonisation’ (the remainder of
which will commence on 1 January 2012).
Under the changes implemented, the
general duties of employers (including
the duty to ensure the health safety and
welfare at work of all employees) are now
to be qualified by the words ‘so far as is
reasonably practical’; previously there
was no such qualification.
In addition, the duties of employees will
also be amended so that the current duty
to co-operate as necessary with health,
safety and welfare requirements at work
will now be amended to co-operate so
far as is ’reasonably necessary’.
As a result of the amendments to the
employer’s general duties, a prosecutor
in order to prove an offence under
the OH&S Act will now need to prove
what was ‘reasonably practicable’ in
the circumstances. This is a significant
change as the current OH&S Act
requires a defendant to prove it was not
‘reasonably practicable’ to comply with
the duty imposed under the current act.
The current provisions in the OH&S Act
which deem directors and managers of
corporations liable for contraventions of
their company have been removed. The
OH&S Act will now provide a positive
duty for officers to exercise all due
diligence to ensure the corporation
complies with health, safety and welfare
duties. Finally, the power of unions to
prosecute offences under the OH&S Act
is extinguished, leaving only WorkCover
Inspectors with this right.
Introduction of the Public Interest
Disclosures Act 1994 (NSW)
The Protected Disclosures Act 1994
(NSW) was amended by Protected
Disclosures Amendment (Public Interest
Disclosures) Act 2010 (NSW) and has
been renamed the Public Interest
Disclosures Act 1994 (NSW).
The amendments broaden the
circumstances in which a protected
disclosure may be made, and include an
extension of the protections afforded
to whistleblowers to individuals who
are independent contractors to a
public authority. The whistleblowers’
protections will now include conduct
which constitutes a failure by an agency
to exercise its functions under the GIPA
Act.
In addition, a lower threshold test has
been introduced as the basis for making
a protected disclosure. Holding an
honest belief, on reasonable grounds
that information shows or tends to show
maladministration, corrupt conduct
or serious and substantial waste is a
sufficient basis for a public official to
make a protected disclosure.
The Ombudsman has been given
responsibility for overseeing the
Act. A final set of amendments will
commence on 1 January 2012 under
which Endeavour Energy, as a public
authority, will be required to provide the
Ombudsman with an annual report on its
compliance with the Act.
Significant judicial decisions
Endeavour Energy is unaware of any
significant judicial decisions during
the financial year ending 30 June 2011
that have affected or may affect it
in its capacity as an energy services
corporation or affect the users of its
services in their capacity as customers of
an energy services corporation.
Material changes to
Commonwealth legislation
Introduction of the Competition
and Consumer Act 2010 (Cth)
The Trade Practices Act 1974 (Cth) has
been renamed the Competition and
Consumer Act 2010 (Cth) and amended
to include the concept of an Australian
Consumer Law.
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