The dispute framework
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 (AEMO).
These frameworks, set out in Chapter 8 of the NER and Part 15C of the NGR, provide an opportunity to work through disputes two stages:
- Stage 1 encourages the exploration and joint resolution of the disputes by direct commercial negotiation, or assistance through a facilitated, or non-binding expert process
- Stage 2 is geared towards a binding decision by a panel of one or more experts.
Matters that can be managed through these frameworks are set out in clause 8.2.1 of the NER, and clause 135F of the NGR.
Dispute resolution under these frameworks is, to the extent possible, intended to:
- be simple, quick and inexpensive
- preserve or enhance the relationship between the parties to the dispute
- place emphasis on conflict avoidance, and
- encourage resolution of disputes without legal representation or undue legal formality.
The dispute resolution adviser
Both frameworks are administered by an independent Wholesale Energy Market Dispute Resolution Adviser (WEMDRA), who is appointed by the AER.
The current dispute resolution adviser is Resolve Advisors (Principal - Ms Shirli Kirschner).
The WEMDRA website contains all information on the dispute resolution frameworks administered by the dispute resolution adviser and resources to assist you in accessing that framework.
Contact the adviser
Resolve Advisors (Ms Shirli Kirschner) - Wholesale Energy Market Dispute Resolution Adviser
Toll-free:1800 189 479
Email: shirli
resolveadvisors [dot] com [dot] au (shirli[at]resolveadvisors[dot]com[dot]au)
On 19 August 2024, the ACCC/AER released an Approach to Market on AusTender for the provision of dispute resolution adviser services. Industry should continue to direct enquiries about dispute resolution processes to Resolve Advisors until advised otherwise.
NB: Tender Applicants should not contact Resolve Advisors. Tender Applicants should refer to the tender documentation on AusTender for contact details (see ATM ID: 2024-100 – Dispute Resolution Adviser Services under the National Electricity and Gas Rules). For media and other general enquiries see https://www.aer.gov.au/about/contact-us.
WEMDRA quarterly reports
The WEMDRA reports to the market and the AER every quarter.
Panel determinations
View past decisions made by the expert panels in Stage 2 of the dispute resolution process.