The five specific responsibilities outlined in the
Statement of Expectations are the Clean Energy
Regulator's major objectives. Steps are being taken,
and measures implemented, to enable the Clean
Energy Regulator to achieve all five objectives.
These will lead to the realisation of the Clean Energy
Regulator's vision.
Ensuring regulated entities are meeting their obligations, reporting correct information and receiving entitlements
Through its deployment of people, processes and
systems, the Clean Energy Regulator is putting into
operational form the requirements of the legislation
which it administers. This work is designed to address
the risk that clients are uninformed, unwilling or unable
to comply.
The Clean Energy Regulator has done significant
work in the first six months to establish its regulatory
posture, drawing extensively on the experience of its
more established schemes, namely the Renewable
Energy Target and National Greenhouse and Energy
Reporting. The cornerstone of this work is the
Education, Compliance and Enforcement Policy. The
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 recognises that
engagement, education and support, in the first
instance, assist clients to meet their obligations
and avoid inadvertent non-compliance. To this end,
the Clean Energy Regulator publishes guidelines,
factsheets, booklets, brochures, newsletters and
calculators. Additionally, the Clean Energy Regulator
ensures that clients have the opportunity to raise
issues of concern and participate in workshops and
discussion forums.
The Clean Energy Regulator is developing in stages
a range of new forms, processes and systems to
meet the legislated milestones of the carbon pricing
mechanism. Where possible, these are tested with
clients and refined iteratively as new systems are
released.
Protecting the integrity of instruments (units)
The carbon pricing mechanism, the Carbon Farming
Initiative and the Renewable Energy Target are all
market-based instruments which operate through
the issuance, trade and surrender of units of various
types. A full spectrum of education, compliance and
enforcement measures has been deployed over many
years to protect the integrity of the renewable energy
certificates. A similar range of measures is being
deployed with respect to carbon units. This includes
assisting clients in the protection of their property
through education and guidance around integrity,
security and due diligence.
The Clean Energy Regulator's internal control
systems also play an important role in protecting
the integrity of the instruments. The Clean Energy
Regulator understands the need to achieve the
highest standards of security, which is why its staff
are provided with the right tools and information, so
as to be vigilant about the security of the Agency's
premises, systems and the information it holds.
The Clean Energy Regulator has established
relationships with a range of Commonwealth and
State agencies. By regularly sharing information
between agencies, the Clean Energy Regulator can
ensure that inappropriate behaviour, such as scams
and unregulated financial advice, is quickly brought
to heel before the reputation of the instrument is
damaged. The Clean Energy Regulator will continue
to make strategic alliances to safeguard the integrity
of the instruments, including with relevant agencies
overseas, in anticipation of international linking.
Each of these elements, correctly implemented,
contributes to the integrity of the Clean Energy
Regulator's schemes and the units that are created
within them.
Administering the schemes effectively
The Clean Energy Regulator is working hard to
build a strong reputation with its clients and the
broader community. The Clean Energy Regulator is
committed to being open and accessible, as outlined
in the Regulator's Service Charter, and to providing
clear guidance about regulatory requirements
and timelines. This is expected to build client
confidence and, in its turn, increase the level of
voluntary compliance, which will ultimately reduce
administrative costs for the Agency and compliance
costs for clients. Over time, regulatory operations
will be streamlined and integrated within and across
the schemes to reduce regulatory burden and take
advantage of the depth of regulatory experience
within the Agency. This will ensure consistency in
service delivery and will provide a familiar point of
contact to our clients.
The Clean Energy Regulator is also implementing
a strong performance management system to allow
for the monitoring, measurement and reporting on
its regulatory performance. Standard operating
procedures, strong internal controls and a risk based
approach to resource allocation are all measures
which contribute to effectiveness. These measures
will also enable the Clean Energy Regulator to
enhance operational efficiency, for example by
allowing for the consistent execution of regulatory
activities. The Clean Energy Regulator is committed
to the principle of continuous improvement to achieve
repeatable and reliable processes that minimise
steps, reduce the risk of error and avoid multiple
handling.
The Clean Energy Regulator will ensure that in
the development of its business processes and
external systems that it reflects the Government's
commitments to business and industry to reduce the
reporting burden. For example, the Clean Energy
Regulator is undertaking a number of activities aimed
at leveraging the Standard Business Reporting
initiative including, in the shorter term, implementing
the Auskey authentication service.
Building confidence in the market and the Clean Energy Regulator
To be effective, the Clean Energy Regulator must
be seen to be taking timely decisions that are
even handed, fair, documented, communicated to
a consistent standard and based on the facts and
the law. A strong governance framework has been
implemented to support this aim. This includes the
delegations framework and standard operating
procedures for good decision making and a
mechanism for Internal Decision Review.
More generally, confidence in the Regulator depends
on clients knowing what they can expect in their
dealings with the Regulator and client service being
maintained at a consistent high standard. To this end,
the Compliance, Education and Enforcement Policy
was published early in the Clean Energy Regulator's
operations. In the spirit of the published policy, the
Clean Energy Regulator seeks to work with clients
proactively to rectify issues, help them achieve
voluntary compliance and achieve the best possible
reporting and data outcomes.
The Clean Energy Regulator can help build
confidence in the market by reducing the risk of
fraud via the design and implementation of effective
anti-fraud controls. The Clean Energy Regulator's
Fraud Policy Statement outlines a systematic and
stringent approach to the prevention and detection of
fraud committed against the Agency. This is further
supported by strong internal fraud control measures,
which the Clean Energy Regulator is continuing to
strengthen in tandem with the staged implementation
of the carbon pricing mechanism.
Information also helps build confidence in the market.
While maintaining the necessary protections for
confidential information, the Clean Energy Regulator
intends to make the most of opportunities to do
more than the legislated minimum to help the market
develop efficiently. Continual disclosure, updated
estimates and clearly 'telegraphed' final target setting
(in the case of the Renewable Energy Target) will help
markets to trade on fundamentals and not on fear.
International linking will bring another dimension to
the market from the commencement of the flexible
price period in 2015. The Clean Energy Regulator is
working proactively with the Department and with its
counterparts in Europe to ensure the system for
one-way linking with Europe is in place when required.
Providing data and information to assist decision makers (both internal and external)
The Clean Energy Regulator maintains a number of
major data sets. They include information collected
through the Renewable Energy Target, the National
Greenhouse and Energy Reporting Scheme and
the data held in the Australian National Registry
of Emissions Units and the Renewable Energy
Certificate Registry. This information is relied upon
for regulatory decision making and also has value
for decision-makers across government and in the
private sector. In many cases, the Clean Energy
Regulator is the primary source of data.
The Clean Energy Regulator is subject to a range of
statutory requirements, in terms both of protecting
certain information and of publishing information.
Memoranda of understanding with various
government agencies set out the terms on which
information may be shared with those agencies and
help give effect to the principle that data collected by
the Regulator need not be collected again by others.
In addition the Clean Energy Regulator has
developed an Information Management Strategy
to provide a very clear and consistent approach
to collecting, storing and using information.
Products such as the non-binding estimate for the
Renewable Energy Target and the results of the
National Greenhouse and Energy Reporting System
Scheme Audit Report will be published by the Clean
Energy Regulator for the use of clients and other
stakeholders, alongside the public data sets required
by legislation such as the Liable Entities Public
Information Database.