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Compliance, education and enforcement

 

The Compliance, Education and Enforcement policy sets out the principles adopted by the Clean Energy Regulator to optimise compliance with the climate change laws it administers, including the role of education and its approach to compliance monitoring and enforcement.

The Clean Energy Regulator encourages participants to voluntarily comply with legislative requirements. The Clean Energy Regulator's approach is based on:

  • assisting participants to understand their rights and obligations through education and training programs
  • supporting those who want to do the right thing and, where appropriate, incorporating feedback into enhancement of systems and processes
  • using intelligence analysis where possible to inform regulatory response decisions
  • ensuring that procedural fairness is consistently applied to all participants so the system is seen as equitable and fair, exercising monitoring and enforcement powers independently in the public interest with integrity and professionalism and without fear, favour or bias
  • ensuring that decision-making takes place within rigorous corporate governance processes and is able to be reviewed internally, and externally by relevant bodies, including the Administrative Appeals Tribunal and the courts
  • actively pursuing those who opportunistically or deliberately contravene the law
  • ensuring that regulatory responses are proportionate to the risks posed by any noncompliance and take into account the conduct of scheme participants, including their compliance history
  • conducting investigations professionally, and
  • ensuring that the investigative process and the resolution of enforcement matters is conducted as efficiently as possible.

The Clean Energy Regulator recognises that engagement, education and support, in the first instance, assist participants to meet obligations and avoid inadvertent non-compliance. The Clean Energy Regulator releases information in the form of guidelines, factsheets, booklets, brochures and newsletters. Additionally, the Clean Energy Regulator ensures that participants have the opportunity to raise issues of concern and participate in workshops and discussion forums. Where possible, the Clean Energy Regulator will seek opportunities to engage with participants during the development of its systems through user-centred design processes.

Responsibility for complying with relevant requirements under legislation administered by the Regulator, including ensuring the accuracy of all information provided to the Regulator, rests with the individual person or organisation affected by the legislation.

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