Limited Merits Review Terms of Reference - August 2016

Publication date: Friday, 19th August 2016.

On 26 September 2013, amendments to the National Electricity Law (NEL) and National Gas Law (NGL) were introduced into South Australia's Parliament. These amendments gave effect to the COAG Energy Council (previous Standing Council on Energy and Resources) agreed policy position on limited merits review (LMR).

LMR allows parties affected by AER decisions to have the decisions reviewed by the Australian Competition Tribunal where it can be established that there are grounds for this to occur; for example, regulatory errors.

At its 19 August 2016 meeting the Energy Council tasked the Council’s Senior Committee of Officials (SCO) with undertaking a review of the LMR regime by December 2016.

The Review will assess the effectiveness of the merits review regime, including the role of the Tribunal, under the NEL and NGL. Officials will consider options for reform of the LMR regime that will best advance the interests of consumers, including removal of LMR altogether.

The terms of reference for the LMR review is below.

Information on public consultation will be provided on this website soon.

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