Figure 2.1: Senior management structure
Chair and Chief Executive Officer
Renewables and Carbon Farming Division
Renewable Energy Target Market Entry
Renewable Energy Target Market Operations
Amarjot Singh Rathore
Clean Energy Regulator Delivery Division
John Trabinger (Acting)
e-Business and Information Solutions
Reporting and Enterprise Projects
Enabling Services and Program Delivery
Carbon Price Project
Anita Del Gigante
Regulatory Strategy and Intelligence
Carbon Price Operations
Corporate Services Division and Chief Financial Officer
Members of the Regulator are appointed by the responsible minister under the Clean Energy Regulator Act 2011. Members must have substantial experience or knowledge and significant standing in one or more of the following fields: economics, industry, energy production and supply, energy measurement and reporting, greenhouse gas emissions measurement and reporting, greenhouse gas abatement measures, financial markets, trading of environmental instruments, land resource management, and public administration.
At 30 June 2013, the Regulator had five Members, including the Chair. The appointments of Ms Chloe Munro (Chair) and Dr Michael Sargent commenced on 2 April 2012; Ms Anne T Brown and Ms Virginia Malley were appointed on 4 June 2012; and Mr Michael D’Ascenzo was appointed on 2 April 2013.
Ms Jennie Granger, who was appointed on 2 April 2012, resigned from the Clean Energy Regulator on 14 September 2012 to take up an appointment as the Director-General Compliance and Enforcement at Her Majesty’s Revenue and Customs in the United Kingdom.
In addition to their collective responsibilities, Members of the Regulator each apply their expertise to a specific area of focus. This adds depth to the Regulator’s appreciation of its operating environment and enables agency officers to draw directly on Members’ knowledge and experience. Members provide an update on their area of focus at each Regulator meeting.
Prior to her appointment as the Chair and Chief Executive Officer of the Clean Energy Regulator, Ms Munro was the Chair of the National Water Commission; the Independent Non-executive Chairman of AquaSure, the consortium building Victoria’s desalination plant; and a non-executive director of Hydro Tasmania.
From February 2004 until July 2009, Ms Munro was an executive director of Telstra. She held leadership positions in human resources, business operations, information technology, public policy and communications, and customer service.
Ms Munro served in the Victorian public sector from 1996 to 2004, in the positions of Secretary of the Department of Primary Industries, Secretary of the Department of Natural Resources and Environment, and Deputy Secretary of the Department of Treasury and Finance. In the Department of Treasury and Finance, she headed the division implementing Victoria’s energy reform and privatisation program. Early in her career she worked in the public, private and not-for-profit sectors in Kenya, New Zealand and the United Kingdom.
Ms Munro holds master’s degrees in mathematics and philosophy from Cambridge University and in business administration from the University of Westminster. She is a Fellow of the Australian Academy of Technological Sciences and Engineering and the Institute of Public Administration Australia and was awarded a Centenary Medal for outstanding contribution to public administration in 2001.
Ms Brown has substantial knowledge and practical experience of Australian and international exchange-traded financial markets, risk management, related infrastructure and regulatory environments.
Ms Brown is a member of the Australian Securities and Investments Commission’s Service Markets Disciplinary Panel, the independent peer review forum which takes disciplinary action against participants and market operators for breaches of the Australian Market Integrity Rules.
Ms Brown was previously Chief Risk Officer with ASX Limited from 2006 to 2010, following its merger with SFE Corporation Limited. Her role included group executive responsibilities for enterprise-wide risk management, compliance and audit. She chaired a number of broader group executive committees and developed integration strategy, risk management and policy development and execution for ASX’s two central counterparty clearing houses. Ms Brown represented ASX from 2008 to 2010 as the Chair and executive committee member of CCP12, an influential global industry association involving all major international clearing houses. Prior to the ASX/SFE merger, Ms Brown was a general manager with SFE.
Ms Brown holds a degree in accountancy and computer science from Heriot-Watt University, Edinburgh. She is a member of the Institute of Chartered Accountants of Scotland and a graduate member of the Australian Institute of Company Directors.
As a member of the Clean Energy Regulator Audit Committee, Ms Brown focuses upon independent assurance of the Agency’s operations. Ms Brown ensures that other Members are kept informed about matters relevant to the Audit Committee, including the progress of internal audits, the development of the Agency’s risk management framework, and activities of the Australian National Audit Office that have an impact on the Clean Energy Regulator.
Ms Malley has 26 years’ experience in the investment and banking sectors, including 11 years’ experience as a company director. Her areas of expertise are regulatory compliance, market risk management, corporate governance, custody and trusteeship.
From its inception until July 2007, Ms Malley was Chief Risk Officer of Macquarie’s Funds Management Group and developed and implemented its compliance and risk management frameworks. She oversaw the risk management of portfolios, worth more than $85 billion, investing in clean technologies, publicly traded debt securities, listed equities, derivatives, currencies and private equity. She also managed industry regulator and ratings agency relationships.
Ms Malley was a member of Macquarie’s clean technology and private equity investment committees; served on the boards of Bond Street Custodians Limited and Macquarie Investment Management Limited; and was a member-elected trustee of the Macquarie Bank Staff Superannuation Fund.
Ms Malley is a member of the board of the Nature Conservation Trust of New South Wales and a non-executive director of Perpetual Superannuation Limited.
Ms Malley is a graduate of the Australian Institute of Company Directors. She holds a Bachelor of Arts and a Master of Applied Finance from Macquarie University, a Graduate Diploma in Environmental Law from the University of Sydney, and a Juris Doctor from the University of Technology, Sydney.
Ms Malley focuses on the development and operation of the carbon market. This requires consideration of activities in both the primary and secondary markets. Through observation of market activities and liaison with the Clean Energy Regulator’s stakeholders, including liable entities, secondary market participants and brokers, Ms Malley strengthens the Clean Energy Regulator Members’ understanding of the dynamics of the carbon market.
Dr Sargent has more than 50 years’ experience in the energy and utility industries in Australia, Canada and the United States.
Dr Sargent is Chair of the Lighthouse Business Innovation Centre and a Director of the Australian Energy Market Operator and Epicorp Seed Fund Pty Ltd. He is Deputy Chairman of Epicorp Limited. His previous roles include Chief Executive of Transfield Services Energy Group and Chief Executive Officer of ACTEW Corporation. Until recently, he was a Director of the Australian Solar Institute.
Dr Sargent is active in professional and community matters. He is a Director of the National Heart Foundation ACT and a past president of The Institution of Engineers Australia.
Dr Sargent holds a degree in electrical engineering and a Doctor of Philosophy from the University of Queensland. In recognition of his service to engineering he was made a Member of the Order of Australia in 1993 and was awarded a Centenary Medal in 2003.
Dr Sargent’s area of focus is renewable technology and the market for renewable energy. In addition to his close observation of the national electricity market, Dr Sargent also monitors trends in renewable technology and investment, both in Australia and globally. Dr Sargent keeps Members informed regarding developments in wind and solar technology and growing market interest in biofuels, as well as trends in the national electricity market.
Mr D’Ascenzo is recognised internationally for his leadership and expertise in administration and governance and his technical and design skills in tax law and superannuation.
Mr D’Ascenzo is a member of the Foreign Investment Review Board and the Australian Government’s specialist reference group on the taxation of multinationals. He is on the Advisory Board of the Australian Public Service Commission’s Strategic Centre for Leadership, Learning and Development and the International Monetary Fund’s panel of experts. He is a non-executive Director of Australia Post, an adjunct professor of the University of New South Wales and a professorial fellow of Melbourne University.
Mr D’Ascenzo’s previous roles include vice chair of the Organisation for Economic Co-operation and Development’s Forum on Tax Administration, and Commissioner of Taxation from 2006 to 2012.
Mr D’Ascenzo holds degrees in economics and law from the Australian National University and is a graduate of the Harvard Business School Program for Management Development.
In 2010, Mr D’Ascenzo was appointed an Officer of the Order of Australia for service to public administration, particularly through reform and innovative engagement with the taxation profession and other government agencies. In 2012, he was named the Institute of Chartered Accountants Australia’s Federal Government Leader of the Year.
Mr D’Ascenzo focuses on compliance and enforcement under the schemes administered by the Clean Energy Regulator. In particular, Mr D’Ascenzo’s focus is on the integration and effectiveness of the Clean Energy Regulator’s intelligence and compliance capabilities.
Under the Clean Energy Regulator Act 2011, the Chair of the Regulator may convene a meeting at any time. Between 1 July 2012 and 30 June 2013, the Regulator met on 11 occasions, as shown in Table 2.2.
Note: Meeting 04/2013 on 17 May 2013 was an out-of-session meeting of the Regulator to sign a new instrument of delegation under the Clean Energy Regulations 2011.
The Clean Energy Regulator statutory agency comprises four divisions, in addition to the offices of the Chief Executive Officer and General Counsel. A summary of the backgrounds and responsibilities of the senior managers of the Clean Energy Regulator follows.
The Chair of the Regulator is also the head of the statutory agency for the purpose of the Public Service Act 1999 and has the responsibilities of chief executive under the Financial Management and Accountability Act 1997.
Ms Munro’s experience and qualifications are described in her profile as Chair of the Regulator in the previous section.
The Chief Executive Officer has an important role in providing advice, implementing the Regulator’s decisions and meeting regulatory objectives within a whole-of-government context. She directs the officers of the Clean Energy Regulator and is entrusted to lead the Agency to support the Regulator in administering the regulatory schemes for which it is responsible.
Mr Livingston was the Renewable Energy Regulator for the three years from 2009, overseeing the administration of the Renewable Energy Target. He has had an extensive career in the renewable energy sector, including more than 30 years in the planning, development and operation of electricity generation, water resource and renewable energy projects nationally and internationally.
Mr Livingston has held senior positions in organisations such as Hydro Tasmania, URS Australia and the Northern Territory Power and Water Corporation. His expertise includes roles as an operational manager, consultant and project engineer.
The Renewables and Carbon Farming Division administers the Carbon Farming Initiative and the small and large-scale renewable energy schemes as part of the Renewable Energy (Electricity) Act 2000. This includes educating participants, assessing applications, monitoring compliance, assessing Australian Carbon Credit Units under the Carbon Farming Initiative and free carbon units under the Jobs and Competitiveness and coal-fired generator assistance elements of the carbon pricing mechanism, managing scheme liability, maintaining registries, and issuing partial exemption certificates for emissions-intensive trade-exposed industries.
Before he joined the Agency, Mr Trabinger worked for the Department of Finance and Deregulation, where he was responsible for the development and implementation of the Central Budget Management System redevelopment sourcing strategy and second-pass business case. He also led the development and implementation of the improved Gateway Review.
Mr Trabinger has also worked in a number of areas of the health portfolio, leading the portfolio’s IT strategy and service delivery, the Pharmaceutical Benefits Scheme Compliance Program and as the National Program Manager, Medicare.
Mr Trabinger holds a science degree and a master’s degree in business and technology.
The Clean Energy Regulator Delivery Division is responsible for developing new and enhanced capabilities and supporting the IT systems necessary to implement the carbon pricing mechanism.
Note: Mr Nico Padovan held the position of Executive General Manager, Clean Energy Regulator Delivery Division, up to 7 May 2013.
Mr Carter has worked across the spectrum of climate change–related policy, regulatory and program areas. Prior to the formation of the Clean Energy Regulator, he was responsible for administering the National Greenhouse and Energy Reporting Act 2007 as the Greenhouse and Energy Data Officer.
Mr Carter began working in the Australian Greenhouse Office in 2006, joining the Australian Public Service after a 20-year career spanning regulatory and policy aspects of environment protection and natural resource management, including at the executive director level, in the New South Wales Public Sector.
The Regulatory Division administers the National Greenhouse and Energy Reporting Scheme, the Australian National Registry of Emissions Units and the carbon pricing mechanism. This includes developing and implementing capabilities associated with registration and reporting; compliance monitoring; audit and auditor registration; management, publication and disclosure of greenhouse and energy information; liability determination and acquittal; and client engagement.
Mr Ramsden has been Executive General Manager Corporate Services and Chief Financial Officer since September 2012. Before joining the Clean Energy Regulator, he held senior finance positions in several government agencies, including the Department of Health and Ageing, ComSuper, the Australian Taxation Office and the Australian Customs and Border Protection Service.
Mr Ramsden has also worked in operational law enforcement, including 11 years as a Drug Detector Dog Handler with the Australian Customs and Border Protection Service.
Mr Ramsden holds a business degree in accounting and finance and is a member of Certified Practising Accountants of Australia.
The Corporate Services Division provides a range of business and support services to enable the Clean Energy Regulator to meet its obligations and priorities. It sets policy and provides services and advice on governance; performance reporting; parliamentary accountability; financial management and procurement; media and communications; and human resources management.
Before Mr Purvis-Smith joined the Clean Energy Regulator, he was a Principal Lawyer and Acting General Counsel at the Australian Customs and Border Protection Service. Mr Purvis-Smith has also had extensive regulatory experience with the Australian Competition and Consumer Commission and the Australian Communications and Media Authority. Before joining the Australian Public Service in 2001, Mr Purvis-Smith was a private sector lawyer in national and local firms, where he specialised in litigation.
Mr Purvis-Smith holds a degree in arts and law and a master’s degree in international law.
The General Counsel is responsible for the delivery and procurement of legal services and the coordination of legislative proposals and consultation. His office also administers freedom of information, ombudsman and privacy matters on behalf of the Agency.
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