The AER and the Wholesale Energy Market Dispute Resolution Adviser (WEMDRA) have released a policy for sharing information with each other to determine the appropriate resolution pathway for disputes.
While the AER and the WEMDRA fulfil their responsibilities independently, it is important that the appropriate dispute resolution pathway is identified where uncertainty exists.
The policy supports this by setting out how the AER and the WEMDRA will receive or obtain information from parties to a dispute, and share that information with each other, to determine the appropriate jurisdiction for that dispute.
We encourage participants to promptly review the policy. Parties to a dispute should also inform the AER or the WEMDRA if they object to information being shared in a particular dispute.
About dispute resolution frameworks
The National Electricity Rules (NER) and the National Gas Rules (NGR) include frameworks for the non-litigious management of disputes between energy market participants, and between energy market participants and the Australian Energy Market Operator.
Both frameworks are administered by an independent WEMDRA, which is appointed by the AER.
The AER has separate functions under the NER and NGR regarding the arbitration of specific disputes about access to electricity and gas networks.