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.