Knowledge sharing
We aim to empower the market through sharing what we’ve learned. This page explains why we share knowledge, what knowledge sharing could look like, and what kinds of knowledge sharing must be agreed to as part of the Energy Innovation Toolkit's terms of use. This page also links to knowledge we have shared to date, including real-world case studies and regulatory explainers.
Knowledge sharing will be an important outcome of the Energy Innovation Toolkit.
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Knowledge sharing allows innovators and policy makers to learn from trial outcomes as well as insights generated through the Innovation Enquiry Service
The Innovation Enquiry Service (IES) provides innovators with informal guidance on how their new technologies or business models can be delivered under current energy regulation. This includes what energy regulation and market entry requirements might apply to your project, options that exist to adapt your business idea to progress under current energy frameworks, what energy bodies you might need to contact, as well as what processes and applications you might need to undertake, and why. For more information about what the IES does and does not provide, please see our About page, and our IES process page.(IES). -
Sharing learnings results in better informed energy regulation and increased choice and value for consumers.
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We will always endeavour to protect your confidential information and your intellectual property in accordance with the IES and Trial agreements set out below and in the Portal.
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We take your need to protect your information extremely seriously.
Why share knowledge?
As the Energy Innovation Toolkit develops, industry will benefit from sharing findings of:
- Approved trials and shared case studies, and
- General industry guidance generated from the IES.
Sharing these learnings will help reduce barriers to entry for new market participants, and will clarify opportunities for new approaches as well as challenges that exist within current regulatory frameworks. Knowledge sharing can allow innovators to leverage off others’ learnings, allowing innovation to occur more quickly.
Knowledge sharing, progress reports and outcome reports generated from approved trials will inform the design of the regulatory framework to make sure it is fit for purpose for new and emerging technologies.
How knowledge sharing works
How we will gather learnings
Innovators will benefit from the Energy Innovation Toolkit, either via informal guidance or a trial waiver
Knowledge sharing and your information
We are aware of the commercial sensitivities that come with innovation.
It is not our intention that commercially sensitive information, or an innovator’s intellectual property, be disclosed to the wider industry. Instead, we will work closely with innovators to identify what information may be published. We take your need to protect your information extremely seriously.
Generally, we expect knowledge sharing to include aggregated and de-identified case studies and web guidance, follow-up surveys, internal sharing of projects to develop policy and invitations to participate in webinars.
For the IES, confidential information may also be shared more widely in a de-identified and/or aggregated form if there is a benefit to wider knowledge sharing, with further details explained here in Energy Innovation Toolkit reporting, or in FAQs or case-studies that we publish on our website.
What knowledge sharing might look like
Knowledge sharing may include enhancing regulatory understanding through online guidance materials, interactive tools clarifying market entry requirements, and online educational events. Insights from the IES will inform policy makers on the future design of the regulatory arrangements and identify areas of regulation that are unnecessarily complex and suitable for policy reform.
For trial projects, regular progress reports and a final outcomes report must be published as a condition of a trial waiver. These may include reporting against agreed indicators and success criteria, as well as the effectiveness of the trial in promoting benefits to consumers and insights about barriers to innovation and how these might be addressed.
To facilitate this knowledge sharing function, innovators will be required to agree to these knowledge sharing arrangements to access support from the IES.
Read our case studies and regulatory explainers
A key focus on the Energy Innovation Toolkit is translating what we learn into easy-to-understand case studies and explainers. On this page we will share both aggregated and de-identified guidance as well as case studies developed in partnership with real innovators who have received help through our service. We also share regulatory explainers geared to common questions our users would like to understand.
Disclosure Statement
Enquiries directed to the Innovation Enquiry Service
- Any information (including confidential information) provided by you is at your own risk.
- If you provide the AER with confidential information, the AER will endeavour to keep that information confidential, provided the following requirements are met:
- you must specifically identify the information that you claim is confidential, and provide reasons in support of the confidentiality claim; and
- the AER agrees that the information should be kept confidential, subject to its capacity to disclose under paragraphs 3 to 5. In assessing each confidentiality claim, the AER will take into account:
- whether the information is commercially sensitive;
- whether the information contains personal information;
- whether the information is already in the public domain; and
- whether disclosure of the information may cause detriment to you or to the person or organisation from whom you received the information.
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Any information (including confidential information) which you provide to the AER may be disclosed if permitted or required by law.
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The AER may disclose your information (including confidential information) to the Australian Energy Market Commission
The Australian Energy Market Commission (AEMC) is an independent statutory body that works for Australia's future productivity and living standards by contributing to a decarbonising, affordable and reliable energy system for consumers. The AEMC makes and amends the National Electricity Rules (NER), the National Gas Rules (NGR), and the National Energy Retail Rules (NERR), and manages the rule change process. The AEMC does this in accordance with the national energy objectives, the central focus of which is the long-term interests of consumers. They also provide market development advice to governments., the Australian Energy Market OperatorThe Australian Energy Market Operator (AEMO) manages electricity and gas systems and markets across Australia, helping to ensure Australians have access to affordable, secure and reliable energy. Ownership of AEMO was – and still is – shared between government and industry, with members representing federal and state governments, as well as generation and production, distribution, retail and resources businesses across Australia. AEMO has always operated on a user-pays cost-recovery basis, and it recovers all operating costs through fees paid by industry participants.or the Essential Services CommissionThe Essential Services Commission (ESC) is an independent regulator that promotes the long-term interests of Victorian consumers with respect to the price, quality and reliability of essential services. In Victoria, the ESC has responsibility for licensing and licence exemptions in the electricity and gas markets. The ESC licenses various activities including electricity and gas retail and distribution, electricity transmission, and electricity generation. The ESC also makes and enforces customer protections and other rules predominately in the electricity and gas retail and distribution markets in Victoria, where the National Energy Retail Law (NERL) and the National Energy Retail Rules (NERR) don't apply.of Victoria (ESC), to respond to your enquiry. If your information includes confidential information, the AER will take all steps it considers reasonable to maintain confidentiality of that information with the recipient. -
The AER may de-identify and aggregate any information (including confidential information) which you provide to the AER and use and disclose the de-identified and aggregated information for the following purposes:
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government purposes including law reform or policy development and reporting purposes. Information disclosed for these purposes may be disclosed to Commonwealth, State or Territory government entities; and
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development and publication of guidance materials including case studies or Frequently Asked Questions relating to the Innovation Enquiry Service.
Enquiries redirected to the ESC (by referral from the Innovation Enquiry Service)
- Any information (including confidential information) provided by you is at your own risk.
- Any information which you provide to the ESC that you consider is confidential or commercially sensitive, must be identified by you as having this quality.
- If you provide the ESC with confidential information, the ESC will endeavour to keep that information confidential, subject to its capacity to disclose under paragraphs 9 and 10.
- The ESC may disclose your information (including confidential information) to the Australian Energy Market Commission, the Australian Energy Market Operator or the Australian Energy Regulator
The Australian Energy Regulator (AER) regulates electricity networks and covered gas pipelines in all jurisdictions except Western Australia. The AER sets the amount of revenue that network businesses can recover from customers for using these networks. The AER also enforces the laws for the National Electricity Market (NEM) and spot gas markets in southern and eastern Australia, as well as monitoring and reporting on the conduct of market participants and the effectiveness of competition., to respond to your enquiry. If your information includes confidential information, the ESC will take all steps it considers reasonable to maintain confidentiality of that information with the recipient.
- Any information (including confidential information) which you provide to the ESC may be disclosed if permitted or required by law.
Disclaimer
Enquiries directed to the Innovation Enquiry Service
- The views expressed in any information or guidance provided to you, either verbally or in writing by the Innovation Enquiry Service (Innovation Enquiry Service Guidance) are the views of staff rather than an official Australian Energy Regulator
The Australian Energy Regulator (AER) regulates electricity networks and covered gas pipelines in all jurisdictions except Western Australia. The AER sets the amount of revenue that network businesses can recover from customers for using these networks. The AER also enforces the laws for the National Electricity Market (NEM) and spot gas markets in southern and eastern Australia, as well as monitoring and reporting on the conduct of market participants and the effectiveness of competition.(AER) view or policy, a binding ruling or a regulatory decision. These views may not have been endorsed by the AER’s Senior Management Team, or the AER Board. To the extent that any Innovation Enquiry Service Guidance is provided to you on issues pertaining to the Victorian energy market, the views expressed may not have been endorsed by the Essential Services CommissionThe Essential Services Commission (ESC) is an independent regulator that promotes the long-term interests of Victorian consumers with respect to the price, quality and reliability of essential services. In Victoria, the ESC has responsibility for licensing and licence exemptions in the electricity and gas markets. The ESC licenses various activities including electricity and gas retail and distribution, electricity transmission, and electricity generation. The ESC also makes and enforces customer protections and other rules predominately in the electricity and gas retail and distribution markets in Victoria, where the National Energy Retail Law (NERL) and the National Energy Retail Rules (NERR) don't apply.of Victoria (ESC).
- AER staff providing Innovation Enquiry Service Guidance are only in a position to offer some initial views of an indicative and non-binding nature on the material provided to them. The information or opinions contained in Innovation Enquiry Service Guidance do not constitute legal, financial, business, engineering or technical advice. Innovation Enquiry Service Guidance should not be relied on as a substitute for obtaining detailed advice about the National Electricity Law
The National Electricity Law (NEL) is contained in a Schedule to the National Electricity (South Australia) Act 1996. It establishes the governance framework and key obligations for the operation of National Electricity Market (NEM), including the regulation of access to electricity networks. It is supported by the National Electricity (South Australia) Regulations. The NEL is applied as law in New South Wales, Queensland, Victoria, South Australia, Tasmania and the Australia Capital Territory by application statutes. The Northern Territory has also applied the NEL with variations that cater to local requirements., National Energy Retail LawThe National Energy Retail Law (NERL), a Schedule to the National Energy Retail Law (South Australia) Act 2011, regulates the supply and sale of energy to retail customers. The Law is supported by the National Energy Retail Rules (NERR) and National Energy Retail Regulations., National Gas LawThe National Gas Law (NGL) and the National Gas Rules (NGR) set out the regulation of access to natural gas pipeline services provided by transmission and distribution pipelines under the national energy market framework., National Electricity RulesThe National Electricity Rules (NER) are made under the National Electricity Law (NEL) and govern the operation of the National Electricity Market (NEM). The NER determine how companies can operate and participate in the competitive generation and retail sectors, and also govern the economic regulation of electricity transmission and distribution networks. Among other functions, they provide the regulatory framework and processes for market operations, power system security, network connections and access, pricing for network services in the NEM and national transmission planning. In Victoria, however, the national rules for network connections are modified, with many of the network service provider roles being assigned to the Australian Energy Market Operator (AEMO)., National Energy Retail RulesThe National Energy Retail Rules (NERR) govern the sale and supply of energy (electricity and natural gas) from retailers and distributors to customers in New South Wales, Queensland, South Australia, Tasmania and the Australian Capital Territory. The NERR have the force of law, and are made by the Australian Energy Market Commission under the National Energy Retail Law (NERL)., National Gas RulesThe National Gas Law (NGL) and the National Gas Rules (NGR) set out the regulation of access to natural gas pipeline services provided by transmission and distribution pipelines under the national energy market framework., Electricity Industry Act 2000 (Vic), Gas Industry Act 2001 (Vic), Essential Services Commission Act 2001 (Vic), any other applicable laws, rules, regulations, procedures or policies or the capability or performance of relevant equipment or technology. The AER has made every reasonable effort to ensure the quality of the information contained in Innovation Enquiry Service Guidance but cannot guarantee its accuracy or completeness.
- In all cases, anyone proposing to rely on or use the information contained in Innovation Enquiry Service Guidance should independently verify its accuracy, completeness, reliability and suitability for their own purposes, and obtain independent and specific advice from appropriate experts.
- The positions reflected in Innovation Enquiry Service Guidance may be subsequently updated or amended in certain circumstances, including (but not limited to):
- on receipt of additional material information about your new product, service or business model (Innovative Project);
- on further consideration of the information provided about your Innovative Project;
- following a change in the energy law, rules and/or regulations that relate to your Innovative Project; or
- where an AER staff member or the AER Board reaches a different view in relation to your Innovative Project.
- The views expressed in Innovation Enquiry Service Guidance are not intended to, and do not, provide an endorsement or certification that your Innovative Project is compliant with the regulatory requirements. Neither you, nor anyone acting on your behalf, may refer to Innovation Enquiry Service Guidance, either expressly or by implication, in a way that suggests or represents that the AER or the ESC has endorsed, certified or otherwise accepted that you or your Innovative Project complies with the regulatory requirements.
- The AER will not undertake a review of your Innovative Project’s compliance with the regulatory requirements. It is your responsibility to assess compliance with the regulatory requirements.
- Accordingly, to the maximum extent permitted by law, the AER and its officers, employees and consultants involved in the provision of any information or views on your Innovative Project:
- make no representation or warranty, express or implied, as to the currency, accuracy, reliability or completeness of the information provided, or as to its suitability for any purpose; and
- are not liable (whether by reason of negligence or otherwise) for any statements or representations in the information provided, or any omissions from it, or for any use or reliance on the information provided.
- You may not, without our express permission, share Innovation Enquiry Service Guidance with a third party (either in part or in full), other than person(s) involved in developing or funding your Innovative Project. This does not prevent you disclosing Innovation Enquiry Service Guidance to your legal or financial advisers or auditors, provided attention is drawn to this disclaimer.
Enquiries redirected to the ESC (by referral from the Innovation Enquiry Service)
- The views expressed in any information or guidance provided to you, either verbally or in writing by the ESC, in connection with enquiries made to the Innovation Enquiry Service (ESC Innovation Enquiry Service Guidance) are the views of staff rather than an official ESC view or policy, a binding ruling or a regulatory decision. These views may not have been endorsed by the ESC’s senior management team or commissioners.
- ESC staff providing ESC Innovation Enquiry Service Guidance are only in a position to offer some initial views of an indicative and non-binding nature on the material provided to them. The information or opinions contained in ESC Innovation Enquiry Service Guidance do not constitute legal, financial, business, engineering or technical advice. ESC Innovation Enquiry Service Guidance should not be relied on as a substitute for obtaining detailed advice about the Electricity Industry Act 2000 (Vic), Gas Industry Act 2001 (Vic), Essential Services Commission Act 2001 (Vic) or any other applicable laws, rules, regulations, procedures or policies or the capability or performance of relevant equipment or technology. The commission cannot guarantee its accuracy or completeness of the information.
- In all cases, anyone proposing to rely on or use the information contained in ESC Innovation Enquiry Service Guidance should independently verify its accuracy, completeness, reliability and suitability for their own purposes, and obtain independent and specific advice from appropriate experts.
- The positions reflected in ESC Innovation Enquiry Service Guidance may be subsequently updated or amended in certain circumstances, including (but not limited to):
- on receipt of additional material information about your new product, service or business model (Innovative Project);
- on further consideration of the information provided about your Innovative Project;
- following a change in the energy law, rules and/or regulations that relate to your Innovative Project; or
- where an ESC staff member or commissioner reaches a different view in relation to your Innovative Project.
- The views expressed in ESC Innovation Enquiry Service Guidance are not intended to, and do not, provide an endorsement or certification that your Innovative Project is compliant with the regulatory requirements. Neither you, nor anyone acting on your behalf, may refer to ESC Innovation Enquiry Service Guidance, either expressly or by implication, in a way that suggests or represents that the ESC has endorsed, certified or otherwise accepted that you or your Innovative Project complies with the regulatory requirements.
- The ESC will not undertake a review of your Innovative Project’s compliance with the regulatory requirements. It is your responsibility to assess compliance with the regulatory requirements.
- Accordingly, to the maximum extent permitted by law, the ESC and its officers, employees and consultants involved in the provision of any information or views on your Innovative Project:
- make no representation or warranty, express or implied, as to the currency, accuracy, reliability or completeness of the information provided, or as to its suitability for any purpose; and
- are not liable (whether by reason of negligence or otherwise) for any statements or representations in the information provided, or any omissions from it, or for any use or reliance on the information provided.
- You may not, without our express permission, share ESC Innovation Enquiry Service Guidance with a third party (either in part or in full), other than person(s) involved in developing or funding of your Innovative Project. This does not prevent you disclosing ESC Innovation Enquiry Service Guidance to your legal or financial advisers or auditors, provided attention is drawn to this disclaimer.
Privacy Statement
Enquiries directed to the Innovation Enquiry Service
- The AER will collect your personal information (as defined in the Privacy Act 1988 (Privacy Act)) that you submit using the Energy Innovation Toolkit Portal.
- Your personal information is protected by law, including the Privacy Act. Any use and disclosure of your personal information will occur in accordance with the Privacy Act.
- The AER may disclose your personal information to its service providers, including but not limited to its ICT service providers, auditors and external legal services providers to allow them to provide services to the AER.
- The AER may disclose your personal information to the Essential Services Commission
The Essential Services Commission (ESC) is an independent regulator that promotes the long-term interests of Victorian consumers with respect to the price, quality and reliability of essential services. In Victoria, the ESC has responsibility for licensing and licence exemptions in the electricity and gas markets. The ESC licenses various activities including electricity and gas retail and distribution, electricity transmission, and electricity generation. The ESC also makes and enforces customer protections and other rules predominately in the electricity and gas retail and distribution markets in Victoria, where the National Energy Retail Law (NERL) and the National Energy Retail Rules (NERR) don't apply.of Victoria (ESC) in relation to a trial waiverThe Regulatory Sandboxing trial waiver function allows the Australian Energy Regulator (AER) to grant a time limited trial waiver for eligible trial projects, exempting an innovator from having to comply with specified rules for a period of time to allow a trial to proceed. The Victorian Regulatory Sandboxing trial waiver function allows Essential Services Commission (ESC) to issue trial waivers providing time limited relief from Victorian energy frameworks. For more information, please see our trials page and the AER's Trial Projects Guidelines.that has been granted by the ESC, or an application for a trial waiver that is under consideration by the ESC.
- To assist the AER in responding to your enquiry, the AER may disclose your personal information to government entities including (but not limited to):
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- the Australian Energy Market Commission
The Australian Energy Market Commission (AEMC) is an independent statutory body that works for Australia's future productivity and living standards by contributing to a decarbonising, affordable and reliable energy system for consumers. The AEMC makes and amends the National Electricity Rules (NER), the National Gas Rules (NGR), and the National Energy Retail Rules (NERR), and manages the rule change process. The AEMC does this in accordance with the national energy objectives, the central focus of which is the long-term interests of consumers. They also provide market development advice to governments.;
- Australian Energy Market Operator
The Australian Energy Market Operator (AEMO) manages electricity and gas systems and markets across Australia, helping to ensure Australians have access to affordable, secure and reliable energy. Ownership of AEMO was – and still is – shared between government and industry, with members representing federal and state governments, as well as generation and production, distribution, retail and resources businesses across Australia. AEMO has always operated on a user-pays cost-recovery basis, and it recovers all operating costs through fees paid by industry participants.Limited;
- the Essential Services Commission of Victoria;
- the Independent Pricing and Regulatory Tribunal of New South Wales;
- the Independent Competition and Regulatory Commission for the Australian Capital Territory;
- the Utilities Commission of the Northern Territory;
- the Essential Services Commission of South Australia;
- the Office of the Tasmanian Economic Regulator; and
- the Queensland Department of Energy and Public Works.
- the Australian Energy Market Commission
- The AER may also use and disclose your personal information as described in its privacy policy, which is available at https://www.aer.gov.au/publications/corporate-documents/accc-aer-privacy-policy.
- This policy contains information about:
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- how you can access and seek correction of your personal information;
- how you can make a complaint about breaches of the Privacy Act; and
- how the AER will deal with these complaints.
- If you wish to contact the AER about any privacy-related matters, you should contact privacy@accc.gov.au.
Enquiries redirected to the Essential Services Commission of Victoria (by referral from the Innovation Enquiry Service)
- The Essential Services Commission of Victoria (ESC) will collect your personal information (as defined in the Privacy and Data Protection Act 2014 (Privacy & Data Protection Act)) that you submit using the Energy Innovation Toolkit Portal.
- Any personal information that you submit using the Energy Innovation Toolkit Portal may be collected by the ESC for the purpose of carrying out its statutory functions and associated activities under the Essential Services Commission Act 2001, in particular its functions:
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- to monitor and report on compliance by persons granted trial waivers with conditions of trial waivers under section 10AA(1)(a)(ii) of the Essential Services Commission Act 2001; and
- to investigate contraventions or potential contraventions by persons granted trial waivers with conditions of trial waivers under section 10AA(1)(b)(ii) of the Essential Services Commission Act 2001.
- Your personal information is protected by law, including the Privacy & Data Protection Act. The ESC may use and disclose your personal information in accordance with the Privacy & Data Protection Act, including but not limited to any exemption arising under that Act. The ESC will not otherwise use or disclose personal information unless permitted or required by law.
- Information that the ESC obtains is retained and stored in accordance with the requirements of the Public Records Act 1973, associated Public Record Office Victoria standards and internal records policy.
- The ESC may disclose your personal information to its service providers, including but not limited to its ICT service providers, auditors and external legal services providers, to allow them to provide services to the ESC.
- The ESC may disclose your personal information to the AER in relation to a trial waiver that has been granted by the AER, or an application for a trial waiver that is under consideration by the AER.
- The ESC will provide you with reasonable access to your personal information held by the ESC upon request and will take reasonable steps to correct such information when requested by you, in order to ensure that the ESC’s records are correct.
- If you wish to contact the ESC about any privacy-related matters, you should contact energy.enquiries@esc.vic.gov.au with “Regulatory Sandboxing
A Regulatory Sandboxing mechanism is a framework within which participants can test innovative concepts in the market under relaxed regulatory requirements at a smaller scale, on a time-limited basis and with appropriate safeguards in place. Regulatory Sandboxing mechanisms usually also offer enquiry services, which provide innovators with informal guidance on existing regulation. The Energy Innovation Toolkit is a Regulatory Sandboxing mechanism.– privacy query” in the subject line.
The terms below which are used in the Consent to Information Sharing, have the following meanings in the Consent to Information Sharing:
For applications to the AER for a Trial Waiver
- Trial Waiver: has the same meaning as in section 18ZL(1) of the National Electricity Law
The National Electricity Law (NEL) is contained in a Schedule to the National Electricity (South Australia) Act 1996. It establishes the governance framework and key obligations for the operation of National Electricity Market (NEM), including the regulation of access to electricity networks. It is supported by the National Electricity (South Australia) Regulations. The NEL is applied as law in New South Wales, Queensland, Victoria, South Australia, Tasmania and the Australia Capital Territory by application statutes. The Northern Territory has also applied the NEL with variations that cater to local requirements., section 30W(1) of the National Gas LawThe National Gas Law (NGL) and the National Gas Rules (NGR) set out the regulation of access to natural gas pipeline services provided by transmission and distribution pipelines under the national energy market framework.and section 121C(1) of the National Energy Retail LawThe National Energy Retail Law (NERL), a Schedule to the National Energy Retail Law (South Australia) Act 2011, regulates the supply and sale of energy to retail customers. The Law is supported by the National Energy Retail Rules (NERR) and National Energy Retail Regulations..
- Trial Project Confidential Information: means information regarding a trial project and submitted to the AER in, or in connection with, an application for a trial project that is identified by the applicant as being confidential.
- AER: means the Australian Energy Regulator
The Australian Energy Regulator (AER) regulates electricity networks and covered gas pipelines in all jurisdictions except Western Australia. The AER sets the amount of revenue that network businesses can recover from customers for using these networks. The AER also enforces the laws for the National Electricity Market (NEM) and spot gas markets in southern and eastern Australia, as well as monitoring and reporting on the conduct of market participants and the effectiveness of competition..
For applications to the ESC for a Trial Waiver
- Trial Waiver: has the same meaning as in section 54(1) of the Electricity Industry Act 2000 (Vic) and section 55(1) of the Gas Industry Act 2001 (Vic).
- Trial Project Confidential Information: means Trial Waiver Information submitted to the ESC that is confidential or commercially sensitive.
- Trial Waiver Information: has the same meaning as in section 51 of the Electricity Industry Act 2000 (Vic) and section 52 of the Gas Industry Act 2001 (Vic).
- ESC: means the Essential Services Commission
The Essential Services Commission (ESC) is an independent regulator that promotes the long-term interests of Victorian consumers with respect to the price, quality and reliability of essential services. In Victoria, the ESC has responsibility for licensing and licence exemptions in the electricity and gas markets. The ESC licenses various activities including electricity and gas retail and distribution, electricity transmission, and electricity generation. The ESC also makes and enforces customer protections and other rules predominately in the electricity and gas retail and distribution markets in Victoria, where the National Energy Retail Law (NERL) and the National Energy Retail Rules (NERR) don't apply.established under the Essential Services Commission Act 2001 (Vic).
Applications to the AER for a Trial Waiver
- Any information (including Trial Project Confidential Information) provided by you is at your own risk.
- Any information provided by you to the AER in, or in connection with, an application for a Trial Waiver, other than Trial Project Confidential Information, may be published by the AER, including as part of a consultation process.
- Information provided by you to the AER in, or in connection with, an application for a Trial Waiver that is not identified as Trial Project Confidential Information is not information given to the AER in confidence for the purposes of Part 3 Division 6 of the National Electricity Law, Chapter 10, Part 2, Division 1 of the National Gas Law, and Part 8 Division 3 of the National Energy Retail Law.
- If you provide the AER with Trial Project Confidential Information, the AER will endeavour to keep that information confidential, subject to its capacity to disclose under paragraphs 5, 6, 7 and 8.
- The AER may disclose your Trial Project Confidential Information if permitted or required by law, including under section 44AAF of the Competition and Consumer Act 2010.
- The AER may disclose your information (including Trial Project Confidential Information) to the Essential Services Commission of Victoria (ESC), where it is relevant to the ESC's functions relating to Trial Waivers.
- The AER may disclose your application for a Trial Waiver (including any Trial Project Confidential Information and personal information (as defined in the Privacy Act 1988)) to other government entities, on a confidential basis (to the extent permissible by law), to assist the AER to determine your application for a Trial Waiver, if the AER has obtained your written consent to do so. These government entities may include (but are not limited to):
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- the Australian Energy Market Commission
The Australian Energy Market Commission (AEMC) is an independent statutory body that works for Australia's future productivity and living standards by contributing to a decarbonising, affordable and reliable energy system for consumers. The AEMC makes and amends the National Electricity Rules (NER), the National Gas Rules (NGR), and the National Energy Retail Rules (NERR), and manages the rule change process. The AEMC does this in accordance with the national energy objectives, the central focus of which is the long-term interests of consumers. They also provide market development advice to governments.;
- Australian Energy Market Operator
The Australian Energy Market Operator (AEMO) manages electricity and gas systems and markets across Australia, helping to ensure Australians have access to affordable, secure and reliable energy. Ownership of AEMO was – and still is – shared between government and industry, with members representing federal and state governments, as well as generation and production, distribution, retail and resources businesses across Australia. AEMO has always operated on a user-pays cost-recovery basis, and it recovers all operating costs through fees paid by industry participants.Limited;
- the Essential Services Commission of Victoria;
- the Independent Pricing and Regulatory Tribunal of New South Wales;
- the Independent Competition and Regulatory Commission for the Australian Capital Territory;
- the Utilities Commission of the Northern Territory;
- the Essential Services Commission of South Australia;
- the Office of the Tasmanian Economic Regulator; and
- the Queensland Department of Energy and Public Works.
- the Australian Energy Market Commission
- The AER may de-identify and aggregate any information (including Trial Project Confidential Information) which you provide to the AER and use and disclose the de-identified and aggregated information for the following purposes:
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- government purposes including law reform or policy development and reporting purposes. Information disclosed for these purposes may be disclosed to Commonwealth, State or Territory government entities; and
- development and publication of guidance materials including Frequently Asked Questions and case studies relating to Trial Waiver applications.
Applications to the ESC for a Trial Waiver
- Any information (including Trial Project Confidential Information) provided by you is at your own risk.
- Any information submitted to the ESC in relation to an application for a Trial Waiver, other than Trial Project Confidential Information, may be published by the ESC, including as part of a consultation process.
- Any Trial Waiver Information which you provide to the ESC, including but not limited to information in, or in connection with, an application for a Trial Waiver, that you consider is confidential or commercially sensitive, must be identified by you as having this quality.
- If you provide the ESC with Trial Project Confidential Information, the ESC will endeavour to keep that information confidential, subject to its capacity to disclose under paragraphs 13 and 14 or pursuant to law (including section 61(3) of the Essential Services Commission Act 2001 (Vic)).
- The ESC may disclose to the AER any Trial Waiver Information (including Trial Project Confidential Information) in the ESC's possession or control, subject to Part 4 of the Essential Services Commission Act 2001 (Vic); section 66 of the Electricity Industry Act 2000 (Vic) and section 67 of the Gas Industry Act 2001 (Vic).
- The ESC may disclose your Trial Project Confidential Information to the following entities, on a confidential basis, to assist the ESC to determine your application for a Trial Waiver:
- The Australian Energy Market Commission;
- Australian Energy Market Operator Limited;
- Energy Safe Victoria;
- the Victorian Department of Environment, Land, Water and Planning.
- Where the AER:
- has received information provided by you in, or in connection with, an application for a Trial Waiver; and
- is of the opinion that the information is best directed to, and considered by, the ESC;
the AER may disclose that information (including any Trial Project Confidential Information) to the ESC.
Disclaimer
The terms below which are used in the disclaimer, have the following meanings in the disclaimer:
For applications to the AER for a Trial Waiver
- Trial Waiver: has the same meaning as in section 18ZL(1) of the National Electricity Law
The National Electricity Law (NEL) is contained in a Schedule to the National Electricity (South Australia) Act 1996. It establishes the governance framework and key obligations for the operation of National Electricity Market (NEM), including the regulation of access to electricity networks. It is supported by the National Electricity (South Australia) Regulations. The NEL is applied as law in New South Wales, Queensland, Victoria, South Australia, Tasmania and the Australia Capital Territory by application statutes. The Northern Territory has also applied the NEL with variations that cater to local requirements., section 30W(1) of the National Gas LawThe National Gas Law (NGL) and the National Gas Rules (NGR) set out the regulation of access to natural gas pipeline services provided by transmission and distribution pipelines under the national energy market framework.and section 121C(1) of the National Energy Retail LawThe National Energy Retail Law (NERL), a Schedule to the National Energy Retail Law (South Australia) Act 2011, regulates the supply and sale of energy to retail customers. The Law is supported by the National Energy Retail Rules (NERR) and National Energy Retail Regulations..
- Trial Project Confidential Information: means information regarding a trial project and submitted to the AER in, or in connection with, an application for a trial project that is identified by the applicant as being confidential.
- Trial Projects Guidelines
The Trial Projects Guidelines provide details on how the Energy Innovation Toolkit will assess trial waiver applications for trials requiring relief from national energy frameworks, including how we will consider and grant trial waivers, as well as how we will oversee the conduct and outcomes of trial projects.: means guidelines of that name made and published by the AER under the National Electricity RulesThe National Electricity Rules (NER) are made under the National Electricity Law (NEL) and govern the operation of the National Electricity Market (NEM). The NER determine how companies can operate and participate in the competitive generation and retail sectors, and also govern the economic regulation of electricity transmission and distribution networks. Among other functions, they provide the regulatory framework and processes for market operations, power system security, network connections and access, pricing for network services in the NEM and national transmission planning. In Victoria, however, the national rules for network connections are modified, with many of the network service provider roles being assigned to the Australian Energy Market Operator (AEMO)..
- AER: means the Australian Energy Regulator
The Australian Energy Regulator (AER) regulates electricity networks and covered gas pipelines in all jurisdictions except Western Australia. The AER sets the amount of revenue that network businesses can recover from customers for using these networks. The AER also enforces the laws for the National Electricity Market (NEM) and spot gas markets in southern and eastern Australia, as well as monitoring and reporting on the conduct of market participants and the effectiveness of competition..
For applications to the ESC for a Trial Waiver
- Trial Waiver: has the same meaning as in section 54(1) of the Electricity Industry Act 2000 (Vic) and section 55(1) of the Gas Industry Act 2001 (Vic).
- Trial Project Confidential Information: means Trial Waiver Information submitted to the ESC that is confidential or commercially sensitive.
- Trial Project Guidelines: means those guidelines prepared and issued under section 63 of the Electricity Industry Act 2000 (Vic) and section 52 of the Gas Industry Act 2001 (Vic).
- Trial Waiver Information: has the same meaning as in section 51 of the Electricity Industry Act 2000 and section 52 of the Gas Industry Act 2001.
- ESC: means the Essential Services Commission
The Essential Services Commission (ESC) is an independent regulator that promotes the long-term interests of Victorian consumers with respect to the price, quality and reliability of essential services. In Victoria, the ESC has responsibility for licensing and licence exemptions in the electricity and gas markets. The ESC licenses various activities including electricity and gas retail and distribution, electricity transmission, and electricity generation. The ESC also makes and enforces customer protections and other rules predominately in the electricity and gas retail and distribution markets in Victoria, where the National Energy Retail Law (NERL) and the National Energy Retail Rules (NERR) don't apply.established under the Essential Services Commission Act 2001 (Vic).
Applications to the AER for a Trial Waiver
- To the extent that is lawful, the AER is not responsible or liable for any loss suffered by you or a third party arising from a failure to be granted a Trial Waiver, nor for any delay in determining an application for a Trial Waiver. The timeline within which the AER will determine an application for a Trial Waiver set out in the Trial Projects Guidelines is indicative only and is not binding on the AER in any way.
- To the extent that is lawful, the AER is not responsible for any loss suffered by you or a third party arising from any action, or inaction, by the AER in the course of the AER determining an application for a Trial Waiver. Neither is the AER responsible for any action or inaction of any third party relating to the AER’s determination of an application for a Trial Waiver, including, but not limited to, any delay attributed to a third party in providing necessary information or assistance to the AER.
- In granting a Trial Waiver, the AER is making no statement about, advising or commenting in any way, on the commercial viability of the applicant’s Trial Project.
- You must not misrepresent the information, guidance or regulatory relief given to you by the AER.
- You must not describe your propositions as “AER approved” or otherwise imply in any way that the AER endorses your product, service, methodology or business model.
Applications to the ESC for a Trial Waiver
- To the extent that is lawful, the ESC is not responsible or liable for any loss suffered by you or a third party arising from a failure to be granted a Trial Waiver, nor for any delay in determining an application for a Trial Waiver. The timeline within which the ESC will determine an application for a Trial Waiver set out in the Trial Project Guidelines is indicative only and is not binding on the ESC in any way.
- To the extent that is lawful, the ESC is not responsible for any loss suffered by you or a third party arising from any action, or inaction, by the ESC in the course of the ESC determining an application for a Trial Waiver. Neither is the ESC responsible for any action or inaction of any third party relating to the ESC’s determination of an application for a Trial Waiver, including, but not limited to, any delay attributed to a third party in providing necessary information or assistance to the ESC.
- In granting a Trial Waiver, the ESC is making no statement about, advising or commenting in any way, on the commercial viability of the applicant’s Trial Project.
- You must not misrepresent the information, guidance or regulatory relief given to you by the ESC.
- You must not describe your propositions as “ESC approved” or otherwise imply in any way that the ESC endorses your product, service, methodology or business model.
Applications to the AER
- The AER will collect your personal information (as defined in the Privacy Act 1988 (Privacy Act)) that you submit using the Regulatory Sandboxing
A Regulatory Sandboxing mechanism is a framework within which participants can test innovative concepts in the market under relaxed regulatory requirements at a smaller scale, on a time-limited basis and with appropriate safeguards in place. Regulatory Sandboxing mechanisms usually also offer enquiry services, which provide innovators with informal guidance on existing regulation. The Energy Innovation Toolkit is a Regulatory Sandboxing mechanism.Portal.
- Your personal information is protected by law, including the Privacy Act. Any use and disclosure of your personal information will occur in accordance with the Privacy Act.
- The AER may disclose your personal information to its service providers, including but not limited to its ICT service providers, auditors and external legal services providers, to allow them to provide services to the AER.
- The AER may disclose your personal information to the ESC where, in the AER’s opinion:
(a) it relates to an application for a trial waiver
(b) it is relevant to an application for a trial waiver that is under consideration by the ESC or a trial waiver that has been granted by the ESC.
- The AER may also use and disclose your personal information as described in its privacy policy, which is available at https://www.aer.gov.au/publications/corporate-documents/accc-aer-privacy-policy.
- This policy contains information about:
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- how you can access and seek correction of your personal information;
- how you can make a complaint about breaches of the Privacy Act; and
- how the AER will deal with these complaints.
- If you wish to contact the AER about any privacy related matters, you should contact privacy@accc.gov.au.
Applications to the Essential Services Commission
- The Essential Services Commission of Victoria (ESC) will collect your personal information (as defined in the Privacy and Data Protection Act 2014 (Privacy & Data Protection Act)) that you submit using the Regulatory Sandboxing Portal.
- Any personal information that you submit using the Regulatory Sandboxing Portal will be collected by the ESC for the purpose of carrying out its statutory functions and associated activities under the Essential Services Commission Act 2001, in particular its functions:
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- to monitor and report on compliance by persons granted trial waivers with conditions of trial waivers under section 10AA(1)(a)(ii) of the Essential Services Commission Act 2001; and
- to investigate contraventions or potential contraventions by persons granted trial waivers with conditions of trial waivers under section 10AA(1)(b)(ii) of the Essential Services Commission Act 2001.
- Your personal information is protected by law, including the Privacy & Data Protection Act. The ESC may use and disclose your personal information in accordance with the Privacy & Data Protection Act, including but not limited to any exemption arising under that Act. The ESC will not otherwise use or disclose personal information unless permitted or required by law.
- Information that the ESC obtains is retained and stored in accordance with the requirements of the Public Records Act 1973, associated Public Record Office Victoria standards and internal records policy.
- The ESC may disclose your personal information to its service providers, including but not limited to its ICT service providers, auditors and external legal services providers, to allow them to provide services to the ESC.
- The ESC may disclose your personal information to the AER where relevant to an application for a trial waiver that is under consideration by the AER or a trial waiver that has been granted by the AER.
- The ESC will provide you with reasonable access to your personal information held by the ESC upon request and will take reasonable steps to correct such information when requested by you, in order to ensure that the ESC’s records are correct.
- If you wish to contact the ESC about any privacy-related matters, you should contact energy.enquiries@esc.vic.gov.au with “Regulatory Sandboxing – privacy query” in the subject line.
Knowledge sharing in our terms of use
The following sets out the agreements which must be accepted when applying to the EIT through either the IES or the waiver applications functions.
- These agreements explain how we will handle your information under the IES and waiver applications.
- To better understand knowledge sharing and your information, you should read these agreements carefully either below or in the Portal when applying.
- These agreements are set out in full on our Portal (which is accessed via the Services page), but are included in full here for ease of reference.