Today the Australian Energy Regulator (AER) has published its draft Non-disclosure Guideline which sets out how network operators and NSW Roadmap entities are to make claims for non-disclosure over information provided to the AER in connection with our functions under the Electricity Infrastructure Investment Act 2020 (NSW).
As an independent regulator, we are committed to making well-informed and accountable decisions that are in the long-term interests of energy consumers. We consider transparency and meaningful consultation with affected stakeholders essential to achieving good regulatory decisions. For these reasons, the draft Non-disclosure Guideline aims to provide greater transparency around non-disclosure claims, act as an incentive for network operators to make well justified claims, and to minimise the risk of inadvertent disclosure.
Our Non-disclosure Guideline, once finalised, will replace the earlier draft titled ‘Confidentiality Guideline – Electricity Infrastructure Investment Act’ that was published in 2023. Since publishing the guideline, we have made assessments of several claims for non-disclosure relating to information provided to the AER as part of contestable and non-contestable revenue determinations. These assessments have allowed us to gain practical insights and develop a clear understanding of how we can improve processes and enhance the clarity and effectiveness of our guidance.
The draft Non-disclosure Guideline reflects recent legislative and regulatory amendments and sets out how claims for non-disclosure are to be made to us, our approach to assessing claims for non-disclosure, and our processes for consulting if we consider a claim is not substantiated. Our aim is to provide network operators and NSW Roadmap entities with clear guidance on how to make claims for non-disclosure that aligns with the current regulatory settings and the AER requirements.
We are proposing to finalise amendments to the guideline by May 2026.
