AER - Explanatory Statement to AER - draft Non-disclosure Guideline - Electricity Infrastructure Investment Act 2020 (NSW) - February 2026

In August 2023, we published the 2023 draft Confidentiality Guideline for consultation alongside other AER supporting EII guidelines. The 2023 draft Confidentiality Guideline was never finalised. 

Since the release of the 2023 draft Confidentiality Guideline, we have assessed non-disclosure claims for several contestable and non-contestable revenue determinations. Through that, we have developed a clearer understanding of what information our guideline should include to enhance its effectiveness as well as our approach to assessing non-disclosure claims. There have also been key changes to the legislative framework governing what information we must publish in a revenue determination. 

Given these learnings and the recent legislative amendments, we have decided to replace our 2023 draft Guideline with this new Non-disclosure Guideline. The Non-disclosure Guideline is currently in draft form, and we are now seeking stakeholder feedback on its contents.