The national energy regime includes a series of dispute resolution mechanisms that are overseen by the AER.
Customer connection disputes
The AER makes determinations on customer connection disputes with electricity distribution businesses under Part 10 of the National Electricity Law. Disputes arise when a customer is unable to reach agreement with a distribution business on the terms and conditions of connecting to the network.
In addition, the National Electricity (Victoria) Act 2005 makes the AER responsible for resolving disputes under that Act and the Electricity Industry Act 2000, and for making assessments under distribution business’ licence conditions.
Networks access disputes
The AER is the dispute resolution body for access disputes between a user or potential user of a pipeline and the pipeline service provider, under Chapter 6 of the National Gas Law.
A dispute may cover one or more aspects of access to a pipeline service. The prospective user, user or service provider may notify the AER, in writing, that an access dispute exists.
Information about how the AER resolves access disputes can be found in the Guideline for the resolution of distribution and transmission pipeline access disputes.
Disputes about the application of the regulatory investment test for transmission
The AER resolves disputes about the application of the regulatory investment test for transmission (RIT-T) by transmission businesses.
Information about how the AER resolves disputes can be found in section 5 of the AER’s RIT-T application guidelines on the Regulatory investment test for transmission and guideline page. The document summarises the process each party, including the AER, must follow for dispute resolution under the Electricity Rules. It also provides information on who may dispute a RIT-T assessment; what matters can be disputed; and how to lodge a dispute.
Wholesale energy market disputes (plus adviser resources)
The AER has appointed an independent dispute resolution adviser to administer dispute resolution provisions in the wholesale energy market. The provisions, in Chapter 8 of the National Electricity Rules and Part 15C of the National Gas Rules, contain mechanisms for dispute resolution between participants (as defined) including Australian Energy Market Operator.
The independent dispute resolution adviser (WEMDRA) provides guidance and resources in this dedicated section of the site.