How breach notifications are processed

Compliance process

The Authority’s compliance process follows the process set out in the Electricity Industry (Enforcement) Regulations.

At a high level, the process involves the following:

  • receipt and acknowledgement of breach notification;
  • initial fact finding;
  • report and recommendation to the Compliance Committee;
  • Compliance Committee decision to: 
    • decline to pursue, notify reason and in some cases issue a warning; or
    • appoint an investigator; or
    • request further information;
  • if an investigator is appointed, the investigator notifies investigation and publicises investigation;
  • the party alleged to be in breach responds to the notification within 10 days;
  • affected parties join the investigation within 10 days of it being publicised;
  • the investigator investigates the breach;
  • investigator attempts to effect a settlement – parties provided with background information and requested to provide settlement requirements, a settlement is negotiated and agreed between parties, or in the case where all parties cannot agree, no settlement is possible;
  • investigator prepares a report and recommendation to the Compliance Committee, with or without settlement;
  • Authority Board decision to: 
    • approve settlement (Compliance Committee); or
    • reject settlement and abandon investigation (Compliance Committee); or 
    • reject settlement (Compliance Committee) and lay a formal complaint (Board); or
    • not lay a formal complaint where no settlement can be reached (Compliance Committee); or
    • lay a formal complaint where no settlement can be reached (Board);
  • Authority decision publicised;
  • investigator lays formal compliant with Rulings Panel (if required).

The Authority has internal operating procedures for processing alleged breaches.

This page is related to: Code & Regulations.