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Organisational form

Established on 2 April 2012, through the Clean Energy Regulator Act 2011, the Clean Energy Regulator is an independent Statutory Authority. The Clean Energy Regulator comprises a Chair and Members who are responsible for administrative decision-making, operational policy, strategic oversight, stakeholder management and regulatory direction-setting.

The term Clean Energy Regulator refers to both the statutory decision maker (comprising the Chair and Members) and the agency which supports them, led by the Chair, in her capacity as Chief Executive Officer (the agency head as recognised by the Public Service Act 1999). The abbreviation "the Regulator" is used when referring to the decisionmaker (Chair and Members) while the abbreviation "the Agency" is used when referring to the organisation as a whole.

The Regulator puts in place strategies, policies and directions to guide the staff of the Clean Energy Regulator in their conduct of the Regulator's operations to ensure that the agency's objectives are met. The Regulator, Chair and Members have collective decision-making powers and with the exception of the Chair, are not executives of the statutory agency.

The Chair of the Regulator has no powers over and above those of ordinary Members other than the authority to convene meetings and to preside at all meetings at which they are present. The Member presiding at a meeting has a deliberate vote and, in the event of an equality of votes, also has a casting vote (Subsection 32(2) of the Clean Energy Regulator Act 2011). It is the role of the Chair to:

  • ensure that Members understand their responsibilities
  • set the meeting agenda and Regulator calendar
  • preside over meetings including equitable participation by Members
  • promote rigorous debate of issues and ensure clarity of decisions and resolutions, and
  • facilitate periodic performance assessment of the Regulator and individual Members.

The Chair is not subject to direction by the Regulator in relation to the Chair's performance of functions, or exercises of power under the Financial Management and Accountability Act 1997; or the Public Service Act 1999, in relation to the Regulator (Section 42 of the Clean Energy Regulator Act 2011).

The Chief Executive Officer convenes an Executive Board to provide advice and information to the Regulator (as a decision maker) and a Senior Leadership Team to lead the work and staff of the agency. The agency is supported in its corporate operations by a shared services agreement with its portfolio Department, now the Department of Industry, Innovation, Climate Change, Science, Research and Tertiary Education (the Department). Over the coming months, the Clean Energy Regulator will continue to develop standalone corporate capability and the shared services arrangements will be refined according to principles of efficiency, costeffectiveness and strategic alignment.

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