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.