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.

Interested stakeholder are invited to email submissions on the draft Non-disclosure Guideline by Friday 20 March 2026 with the subject title of ‘AER Non-disclosure Guideline 2026 – submission’. 

Email your submissions to rezaer [dot] gov [dot] au. Alternatively, submissions may be sent to:

Mr Scott Haig 
Acting General Manager, 
Renewable Energy Zones Branch, Networks Regulation 
Australian Energy Regulator 
GPO Box 3131 
CANBERRA  ACT 2601 

We prefer all submissions to be publicly available to facilitate an informed and transparent consultation process. We will treat submissions as public documents unless otherwise requested. We will publish all non-confidential submissions on the AER's website. For further information on the AER's use and disclosure of information provided to it, see the ACCC/AER Information Policy.

We request parties wishing to submit confidential information: 

• clearly identify the information that is the subject of the confidentiality claim
• provide a non-confidential version of the submission in a form suitable for publication.