Expert Consumer Panel - Terms of Reference April 2021 - Government of Western Australia
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Expert Consumer Panel
Terms of Reference
April 2021An appropriate citation for this paper is: Expert Consumer Panel Terms of Reference Energy Policy WA Level 1 66 St Georges Terrace Perth WA 6000 Locked Bag 11 Cloisters Square WA 6850 Main Switchboard: 08 6551 4600 www.energy.wa.gov.au ABN 84 730 831 715 Enquiries about this report should be directed to: Rachelle Gill Telephone: +61 8 6551 4644 Email: Rachelle.Gill@energy.wa.gov.au
Contents
Abbreviations ............................................................................................................................... iv
1. Background............................................................................................................................ 1
2. Purpose and role ................................................................................................................... 1
2.1 Wholesale Electricity Market, Pilbara Network Rules and Gas Services
Information roles ............................................................................................................ 2
2.2 Other contributions ........................................................................................................ 2
3. Membership ........................................................................................................................... 3
3.1 Skills and capabilities..................................................................................................... 3
3.2 Nomination .................................................................................................................... 3
3.3 Term of appointment...................................................................................................... 3
3.4 Confidentiality and conflicts of interest ........................................................................... 3
3.5 Time Commitment ......................................................................................................... 4
3.6 Remuneration ................................................................................................................ 4
3.7 Ending an appointment .................................................................................................. 4
3.8 Performance .................................................................................................................. 5
4. Administration ....................................................................................................................... 6
5. Review .................................................................................................................................... 6
Expert Consumer Panel iiiAbbreviations The following table provides a list of abbreviations and acronyms used throughout this document. Defined terms are identified in this document by capitals. Term Definition ECP Expert Consumer Panel GAB Gas Advisory Board GSI Gas Services Information MAC Market Advisory Committee PAC Pilbara Advisory Committee PN Pilbara Network WA ACE Western Australian Advocacy for Consumers of Energy WEM Wholesale Electricity Market Expert Consumer Panel iv
1. Background
The energy sector in Western Australia exists to provide electricity and gas to consumers. It is central
to energy production and delivery that the long-term interests of energy consumers are served.
Ensuring that the long-term interests of consumers are upheld requires consumer input across all
elements of the energy supply chain, at times in highly technical contexts.
Recognising the need to increase consumer input into the energy sector, in 2019 the
Western Australian Government made a State Budget allocation towards supporting consumer
advocacy in the energy sector. A portion of this funding has been directed to support a three-year,
full time position within Energy Policy WA to co-ordinate and support consumer advocacy within
government policy priorities, with the remaining funds dedicated to advocacy activities.
Through the Western Australian Advocacy for Consumers of Energy (WA ACE) Program, these
funds are being utilised to:
• improve energy sector and consumer advocacy interaction through training and building
relationships;
• bring together energy consumer advocates and support them in sharing their views to strengthen
consultation outcomes, namely through the WA ACE Forum; and
• fund research or advocacy activities addressing priority energy consumer issues, through the
WA ACE Grants.
To further ensure that valuable consumer contributions permeate energy sector decision making,
changes to the energy sector governance framework have sought to increase the robustness of
consumer representation in rule making process in the Wholesale Electricity Market (WEM) in the
south west of Western Australia, for the Gas Services Information1 (GSI) arrangements and in the
new arrangements being developed for the Pilbara electricity system.
However, without dedicated support, consumer contributions to these and other processes will
remain limited by the barriers of training and engagement.
The Expert Consumer Panel (ECP) has been established to assist interested Western Australian
consumers (including consumer representatives) in developing sufficient understanding of the
energy sector to enable thorough and considered contributions to public consultations and rule-
making processes, through a co-ordinated and managed co-learning environment.
These Terms of Reference provide information about the intent, structure and processes associated
with the ECP.
2. Purpose and role
The ECP is convened to support co-learning to enable independent, consumer focused contributions
to detailed discussions on energy sector matters.
Members are to attend meetings convened by Energy Policy WA to share and improve their own
and other members knowledge of the energy sector.
1
The Gas Services Information arrangements provide for the Gas Bulletin Board, a website run by the Australian Energy Market Operator
(AEMO) showing short-term has supply and demand information, and the Gas Statement of Opportunities, an annual publication by AEMO
forecasting longer-term gas supply and demand in Western Australia.
Expert Consumer Panel 1Members will engage with the WA ACE Forum, as facilitated by Energy Policy WA, to ensure that
their increasing energy expertise is matched with a broad understanding of consumer views.
Members will draw on the exposure and experience attained through the panel to provide consumer
input into consultations, reviews, reform processes or rule making processes across the energy
sector, including but not limited to contributions to the development of the WEM Rules and
GSI Rules, future rules pertaining to the Pilbara electricity systems, Access Arrangements and
‘Small Use’ Customer Codes2.
The ECP does not constitute a Government Board or Committee.
2.1 Wholesale Electricity Market, Pilbara Network Rules and
Gas Services Information roles
ECP members will be suggested to the Minister for Energy as possible nominees for the consumer
representative positions on the Market Advisory Committee (MAC) for the WEM,
Pilbara Advisory Committee (PAC) for the future Pilbara Network (PN) Rules and the
Gas Advisory Board (GAB) for the Gas Information Services arrangements.
As required by the WEM Rules3, PN Rules4 and the GSI Rules5, consumer representatives are to
contribute to rule making processes to empower a balanced view of the MAC, PAC and GAB.
Members who become representatives on the MAC are to provide a consumer view into the rule
making process and evolution of the WEM, as outlined in the WEM Rules, and abide by the
Constitution of the MAC.
Members who become representatives on the PAC are to provide a consumer view into the rule
making process and evolution of the PN Rules, as outlined in the future PN Rules, and abide by the
Constitution of the PAC.
Members who become representatives on the GAB are to provide a consumer view into the rule
making process and evolution of the GSI, as outlined in the GSI Rules, and abide by the Constitution
of the GAB.
2.2 Other contributions
Members will contribute to energy sector development, both formally, through written or other
contributions to consultations processes, and informally through discussions, workshop activities or
similar with industry participants. A consumer-focused view is always to be provided.
It is likely that members will be sought out by industry as expert contributors to consultation
processes. Proactive approaches to other consultations are also required, and unsolicited
suggestions for reform or improvements are also welcomed.
ECP Members may make submissions or contributions as individuals or as a collective. The views
of members are to remain their own, informed by consumers more broadly, and are not the views of
Energy Policy WA, the State Government, or any energy sector body or participant.
2
Such as the Gas Marketing Code of Conduct and Code of Conduct for the Supply of Electricity to Small Use Customers.
3
WEM Rules clause 2.3. Prior to 1 July 2021 refer to Wholesale Electricity Market Amendment (Governance) Rules 2021.
4
Pilbara Network Rules are yet to be released.
5
GSI Rules Division 6. Prior to 1 July 2021, refer to Gas Services Information Amendment (Governance) Rules 2021
Expert Consumer Panel 2The ECP is not a decision-making body and is not expected to form consensus.
3. Membership
The ECP will include up to five members.
Where possible, efforts will be made to ensure that the ECP membership reflects the diversity of
Western Australian communities and populations, particularly to support representation on the PAC.
3.1 Skills and capabilities
Members will be capable of understanding complex and technical problems; actively learning and
sharing; and understanding, empathising with and distilling the views of consumers, such that those
views can be shared in the context of a technical problem. Effective communication and influencing
skills are essential.
Members must be aspirational in their approach to driving positive long-term consumer outcomes,
through their own efforts, and the efforts of others. Members must also exemplify personal integrity
and self-awareness. Members must be driven to develop their own skills and increase the skill base
of others.
Previous experience in or associated with the energy sector is welcome but not essential. Previous
exposure to consumer advocacy is welcome but not essential.
3.2 Nomination
Potential members can nominate an interest in being appointed to the ECP via an expression of
interest process which, following the initial appointments,6 will occur ahead of the expiring term of
the current member.
3.3 Term of appointment
Members will be appointed by the Coordinator of Energy for a term of two years.
Two of the initial appointments will be for one year.7
Members can serve for a maximum of three terms.
3.4 Confidentiality and conflicts of interest
Members may have access to information that is confidential. Members must treat this material as
strictly confidential and will be required to sign an overarching declaration to this effect. Each
instance of confidentiality will be clearly identified.
Members and representatives will also be required to declare actual or perceived conflicts of interest
as and when they arise.
Persons employed by or associated with energy sector participants or governance bodies, including
the Australian Energy Market Operator and the Economic Regulation Authority, will not be eligible
6
Also completed through an expression of interest process.
7
The shortened initial term is to enable continuity of membership of the ECP via a staggered process for appointment of members.
Expert Consumer Panel 3for appointment to the ECP. Officers of the Western Australian Public Service will not be eligible for
appointment to the ECP.
3.5 Time Commitment
The time commitment of members will vary across the term of appointment, dependent on:
• the degree of information sharing required at the commencement of a term;
• the intensity of consultations undertaken over the term; and
• additional roles undertaken.
As an estimate, ECP members are expected to engage in 20 hours of co-learning and associated
activities each year (which will include meetings of all ECP members convened by Energy Policy WA
and an annual meeting between each member and the Coordinator of Energy). ECP members are
also required to attend the WA ACE Forum meetings, which includes five meetings at up to
three hours each (maximum 15 hours total per annum). Panel members are also encouraged to
support their understanding and involvement in the sector through means beyond the ECP.
Further input will be required to consider consultations and/or additional responsibilities8.
Representatives on the MAC are expected to involve participation in around eight meetings a year.
Each meeting will likely run for two hours and require twice that in preparation.
Representatives on the GAB are expected to involve participation in around two meetings a year.
Each meeting will likely run for two hours and require twice that in preparation.
3.6 Remuneration
Members will be remunerated for their attendance at meetings and time spent supporting their input,
as approved in advance.
Applicants will be asked to submit their proposed hourly rate as part of their expression of interest.
This rate will be maintained for the term of appointment.
A grant agreement (including conditions) will be used to formalise the remuneration arrangement.
Grants will be established each financial year.
Initial funding is drawn from the allocation made in the 2019-20 State Budget for supporting energy
consumer advocacy but may be drawn in whole or part from industry contributions in future.
3.7 Ending an appointment
Members will be notified of the approaching expiry of their term, and where the maximum term has
not been exceeded and performance criteria have been met, be invited to reapply.
Members wishing to cease involvement with the ECP will be required to provide one month’s notice
in writing to the Coordinator of Energy.
8
The PAC is not expected to formally commence until mid-2022 and the time commitment required is not able to be estimated.
Expert Consumer Panel 43.8 Performance
The ECP and members will be required to meet minimum performance levels, in addition to baseline
requirements of timely attendance and undertaking adequate preparation.
The following indicators will be used to quantify this performance:
Measure How is it measured Acceptability standard
Attendance ECP meeting attendance record >80%
Other meeting attendance (as >80%
applicable)
Panel ECP meeting contribution Active involvement in each
participation meeting attended
Co-learning contribution Peer feedback recognises quality
of input and willingness to share
Energy Policy WA observation
Co-learning contribution
recognises of quality of input and
willingness to share
Out-of-session input Active responses where
requested
Self- Engaging in further learning or Some self-improvement actions
improvement networking activities demonstrated
activities
Engagement Involvement with sector Some engagement demonstrated
with industry participants beyond ECP meetings
Engagement Additional involvement with Some engagement demonstrated
with consumers beyond ECP meetings
consumers and WA ACE Forum engagement
Value to Industry participants issued a First year – 60% yes
industry single question survey with room
Beyond first year – 75% yes
for commenting:
‘Has the ECP improved the quality
of consumer input to your
consultations?’
Yes/No + Comment
Submissions Number of consultations First year – 60%
made considered by the ECP members
Beyond first year – 90%
against the number of formal public
consultations undertaken
Expert Consumer Panel 5Improved Member understanding improving Ongoing improvement over first
understanding over time year of term, assessed by
of energy Energy Policy WA observation of
quality of input
Training Members complete the 100%
completion ‘Introduction to the WA energy
sector’ training program
4. Administration
Energy Policy WA provides secretariat and educational support to the ECP, which comprises the
following duties to:
• Confirm and advise members of meeting dates, including a future meeting plan.
• Prepare and distribute meeting agendas and supporting papers at least one week prior to the
meeting.
• Record key meeting outcomes and distribute to members.
• Manage the membership of the ECP, including appointment and remuneration of members.
• Manage any relevant updates to the ECP Terms of Reference.
• Maintain details of the ECP, including names of current members, on the Energy Policy WA
website.
• Update the ECP on WA ACE Grant outcomes.
• Facilitate ECP attendance and contributions from ECP members at the WA ACE Forum.
• Support interactions between members, consumers and industry participants.
• Provide and maintain the ‘Introduction to the WA energy sector’ training package.
• Provide sufficient information about the operation of the energy sector, with supporting sources,
to promote the co-learning environment of the ECP.
• Provide guidance as to the types of consultations that are underway that would warrant consumer
input.
• Provide supporting context to members of the MAC, PAC or GAB as needed.
5. Review
The Terms of Reference for the ECP will be reviewed on an annual basis to ensure relevance and
effectiveness. The review will be completed by Energy Policy WA, considering the purpose and role
of the ECP, the effectiveness of any activities and the value to consumers of energy.
The ongoing funding of the ECP will be subject to future State Budget deliberations or regulatory
industry contributions. Energy Policy WA will provide advice into the appropriate budget processes
based on the reviews undertaken.
Decisions of the Coordinator of Energy are final.
All grant agreement information is subject to Freedom of Information provisions.
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