My name is Shirli Kirschner and I am the dispute resolution adviser for the wholesale electricity market.
Chapter 8 of the National Electricity Rules (the “Rules”) provides a mechanism for dispute resolution between Registered participants, and between Registered Participants and the Australian Energy Market Operator. The dispute resolution framework covers a range of matters set out in the chapter, some of which are traditional disputes between participants and others are matters such as a mechanism for the assessment of compensation that may be payable for a market scheduling error.
The dispute resolution Adviser is appointed by the AER to administer the dispute resolution provision of the Rules. It is a position that runs independently of the AER.
This portion of the web site has been established to assist in navigating a dispute under the Rules.
The dispute process has 2 main components. The first known as Stage 1, requires participants to develop an internal or Dispute Management System(DMS) and appoint a DMS contact person. This stage encourages participants to resolve their own disputes, through commercial resolution of issues and using a range of user friendly ADR processes. . It can be accessed through the DMS contact of the organisations in dispute including AEMO’s DMS where AEMO is involved in the dispute.
Stage 2 of the process includes the option of both a DRP and an Adviser process for the resolution of the dispute and can include a final, binding determination by an expert Dispute Resolution Panel (DRP). It aims to be responsive to the industries needs including providing specialty expertise and responsive time frames.
The resources you may need to assist to prepare for the resolution of a dispute are contained in this site. The site is organised as follows:
Welcome note from the adviser
Process overview
DMS contact information
Reports to DMS contacts
Members of the Dispute Resolution Pool
Determinations by Dispute Resolution Panels
Forms Contracts and Guidance Notes
Feedback is always welcome. You can also call me to discuss any matter as may be appropriate or to get guidance on the process.