Strict eligibility criteria in the Energy Industry (Rule Change Panel) Regulations 2016 (Panel Regulations), designed to avoid conflicts of interest, have made it difficult to identify suitably qualified Western Australian-based candidates for Rule Change Panel (Panel) appointments.
The Minister for Energy has endorsed a Directions Report prepared by Energy Policy WA (available below) outlining recommended changes to the Panel Regulations to provide for an increased number of Panel members and expanded scope of eligible candidates.
These changes are intended to provide the Panel with a greater range of expertise to consider rule change proposals relating to an increased scope and complexity of matters.
The new arrangements will also assist in succession planning for Panel members and the removal of barriers to the appointment of Panel members with significant experience in the nature and operations of the Western Australian energy sector.
The recommendations also include the introduction of new disclosure requirements and procedures for conflicts of interests, in the form of procedural guidelines prepared and maintained by the Panel.
Directions Report – Improving the Rule Change Panel appointments process
Draft Amendment Regulations have been prepared reflecting the regulatory changes required to give legal effect to the recommendations outlined in the Directions Report (the proposed changes to Panel Regulations 20 and 21 were considered as not being legally required).
Consultation Draft – Energy Industry (Rule Change Panel) Amendment Regulations 2020
Stakeholder feedback is invited as to any drafting errors or unintended consequences arising from the draft Amendment Regulations by 5.00 pm on 3 April 2020, by email to submissions@energy.wa.gov.au.