The 2023 draft Confidentiality Guideline, published on 3 August 2023, is no longer in effect. It has been superseded by the new Non-disclosure Guideline, which sets out the current non-disclosure arrangements under the Electricity Infrastructure Investment Act 2020 (NSW) and the Electricity Infrastructure Investment Regulation 2021 (NSW).  

References to the 2023 draft Confidentiality Guideline in other EII guidelines should be read as references to the Non-disclosure Guideline. The AER intends to update these references in the relevant guidelines as soon as practicable. 

Network operators and NSW Roadmap entities should refer to the Non-disclosure Guideline and consider how it applies to non-disclosure claims made to the AER under the EII framework.

We invited interested stakeholders to make submissions on the 2023 draft Confidentiality Guideline, which was published for consultation alongside other supporting guidelines. We received one submission that briefly commented on the 2023 draft Confidentiality Guideline.