{"id":"electricity-network-safety-regulations-2015","name":"Electricity (Network Safety) Regulations 2015","slug":"electricity-network-safety-regulations-2015","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176526,"registerId":"wa-electricity-network-safety-regulations-2015-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Electricity (Network Safety) Regulations 2015","content":"![Crest]()Western Australia\n\nElectricity Act 1945\n\nElectricity (Network Safety) Regulations 2015\n\nWestern Australia\n\nElectricity (Network Safety) Regulations 2015\n\nContents\n\nPart 1 — Preliminary\n\n1. Citation 1\n\n2. Commencement 1\n\n3. Terms used 1\n\n4. Network operators 6\n\n5. Persons for whom a network operator or contractor is responsible 8\n\nPart 2 — Network safety\n\nDivision 1 — General safety requirements\n\n5A. Duty of network operator to ensure safety of network 9\n\n6. Duty of network operator to manage prescribed activities 10\n\n7. Duty of contractor to manage prescribed activities 11\n\n8. Duty of persons carrying out prescribed activities 12\n\n9. Duties relating to certain risks to safety 12\n\nDivision 2 — Certain network operators required to have safety management systems\n\n10. Network operators to whom this Division applies 14\n\n11. When this Division commences to apply to a network operator 14\n\n12. Transfer of operation of network 15\n\n13. Requirement to have safety management system 16\n\n14. Requirement to revise safety management system 16\n\n15. Requirement to comply with safety management system 17\n\n16. Compliance with safety management system evidence of compliance with regulation 5A, 6 or 7 18\n\nDivision 3 — Requirements if network operator not required to have safety management system\n\n17. Terms used and approval of certain standards and codes by Director 18\n\n18. Network operators to whom this Division applies 19\n\n19. Requirement to comply with obligatory provisions 19\n\n20. Compliance with obligatory and evidentiary provisions evidence of compliance with regulation 6 or 7 20\n\n21. Requirement to provide information and training 20\n\nPart 3 — Notification, investigation and reporting\n\nDivision 1 — Notifiable incidents\n\n22. Terms used 22\n\n23. Notification and investigation of suspected notifiable incidents 24\n\n24. Reporting of notifiable incidents 25\n\n25. Requirement not to disturb site of notifiable incident or physical evidence 26\n\n26. Destructive testing of physical evidence 27\n\n27. Statistical reporting 28\n\nDivision 2 — Reporting on network safety performance\n\n28. Terms used 28\n\n29. Network operators to whom this Division applies 29\n\n30. Network safety performance incidents 30\n\n31. Network operator to publish annual objectives 31\n\n32. Network operator to publish quarterly outcomes 32\n\n33. Director may publish and comment on objectives and outcomes 33\n\nPart 4 — Review of decisions\n\n34. Decisions to which this Part applies 35\n\n35. Application for review 35\n\n36. Review of determinations of Director under regulation 35 36\n\n37. Technical review panels: convening, remuneration and support 38\n\n38. Technical review panels: procedure on review 38\n\n39. Technical review panels: costs 39\n\nPart 5 — Miscellaneous\n\n40. Defence for certain network operators 40\n\n41. Contact details of network operators 40\n\nPart 6 — Repeal, consequential amendments and transitional provisions\n\nDivision 1 — Repeal\n\n42. *Electricity (Supply Standards and System Safety) Regulations 2001* repealed 43\n\nDivision 2 — Consequential amendments\n\n43. *Electricity (Licensing) Regulations 1991* amended 43\n\n44. *Electricity Regulations 1947* amended 43\n\nDivision 3 — Transitional provisions\n\n45. Terms used 45\n\n46. Standards and codes 46\n\n47. Notifiable incidents that occurred before commencement day 46\n\nSchedule 1 — Standards and codes containing evidentiary provisions\n\nDivision 1 — General\n\nDivision 2 — Overhead lines\n\nDivision 3 — Switchyards, substations and power stations\n\nDivision 4 — Underground cables\n\nDivision 5 — Power coordination\n\nSchedule 2 — Standards and codes containing obligatory provisions\n\nDivision 1 — General\n\nDivision 2 — Overhead lines\n\nDivision 3 — Underground cables\n\nDivision 4 — Switchgear and protection\n\nNotes\n\nCompilation table 55\n\nDefined terms\n\n  \n\nElectricity Act 1945\n\nElectricity (Network Safety) Regulations 2015\n\n## Part 1 — Preliminary\n\n##### 1. Citation\n\n\t\tThese regulations are the *Electricity (Network Safety) Regulations 2015*.\n\n##### 2. Commencement\n\nThese regulations come into operation as follows —\n\n(a) regulations 1 and 2 — on the day on which these regulations are published in the *Gazette*;\n\n(b) the rest of the regulations — on the day after that day.\n\n##### 3. Terms used\n\n(1) In these regulations, unless the contrary intention appears —\n\nadequate has a meaning affected by subregulation (5);\n\nAS followed by a designation consisting of a number and a reference to a year refers to the text, as from time to time amended and for the time being in force, of the document so designated, published by Standards Australia;\n\nAS 5577 means AS 5577‑2013 Electricity network safety management systems;\n\nAS/NZS followed by a designation consisting of a number and a reference to a year refers to the text, as from time to time amended and for the time being in force, of the document so designated, jointly published by Standards Australia and Standards New Zealand;\n\nCEO means the chief executive officer of the department of the Public Service principally assisting in the administration of the Act;\n\ncontractor means —\n\n(a) a person engaged under a contract for services to carry out prescribed activities on a network; or\n\n(b) a subcontractor of a person described in paragraph (a);\n\ndistribution licence has the meaning given in the *Electricity Industry Act 2004* section 3;\n\nelectricity inspector means an inspector as defined in the *Energy Coordination Act 1994* section 3(1) who is classified as an electricity inspector under section 12 of that Act;\n\nemployee means a person employed under a contract of service;\n\nENA followed by a designation including a number and a reference to a year refers to the text, as from time to time amended and for the time being in force, of the document so designated, published by or on behalf of the Energy Networks Association;\n\ngood industry practice means the exercise of that degree of competence, diligence, prudence and foresight that a competent person in the electricity supply industry would reasonably and ordinarily be expected to exercise under comparable circumstances;\n\nHB followed by a designation consisting of a number and a reference to a year refers to the text, as from time to time amended and for the time being in force, of the document so designated, published by Standards Australia;\n\nIEC followed by a designation that includes a number and a reference to a year refers to the text, as from time to time amended and for the time being in force, of the document so designated, published by the International Electrotechnical Commission;\n\nimplementation day, for a network operator, has the meaning given in regulation 11(4);\n\nintegrated regional licence has the meaning given in the *Electricity Industry Act 2004* section 3;\n\nnetwork means —\n\n(a) transmission works operated by a network operator, including storage works connected to the transmission works, other than storage works that are not part of the transmission works; and\n\n(b) distribution works operated by a network operator, including —\n\n(i) generating works connected to the distribution works for the purposes of emergency or interim generation of electricity that are owned, hired, leased by, or otherwise under the control of, the network operator; and\n\n(ia) storage works connected to the distribution works, other than storage works that are not part of the distribution works; and\n\n(ii) service apparatus connected to the distribution works, other than service apparatus the property of a consumer or an owner or occupier of premises to which electricity is supplied; and\n\n(iii) if the distribution works are used to supply electricity otherwise than to the premises of a consumer — apparatus to which the electricity is supplied;\n\nand\n\n(ba) stand‑alone power systems operated by a network operator; and\n\n(c) works that would be covered by paragraph (a), (b) or (ba) except that they are no longer used to convey or distribute electricity, whether or not the works have been disconnected from generating works or from other transmission or distribution works;\n\nnetwork operator means a person who is a network operator under regulation 4;\n\npole means a support structure for overhead conductors of a network;\n\nprescribed activity means an activity carried out in the course of the construction, commissioning, operation, maintenance or decommissioning of a network;\n\nquarter means a period of 3 months beginning on 1 January, 1 April, 1 July or 1 October in any year;\n\nreasonably practicable, in relation to a duty to ensure that a network is safe or that an activity is carried out safely, means that which is, or was at a particular time, reasonably able to be done in relation to so ensuring, taking into account and weighing up all relevant matters including —\n\n(a) the likelihood of the hazard or the risk concerned occurring; and\n\n(b) the degree of harm that might result from the hazard or the risk; and\n\n(c) what the person concerned knows, or ought reasonably to know, about —\n\n(i) the hazard or the risk; and\n\n(ii) ways of eliminating or minimising the hazard or the risk;\n\nand\n\n(d) the availability and suitability of ways to eliminate or minimise the hazard or the risk; and\n\n(e) after assessing the extent of the hazard or the risk and the available ways of eliminating or minimising the hazard or the risk — the cost associated with available ways of eliminating or minimising the hazard or the risk, including whether the cost is grossly disproportionate to the hazard or the risk;\n\nsafety means the safety of persons (including persons for whom a network operator or contractor is responsible), consumers and the public;\n\nsafety management system means a safety management system that a network operator has in compliance with regulation 13;\n\nstand‑alone power system has the meaning given in the *Electricity Industry Act 2004* section 3(1);\n\nstorage works has the meaning given in the *Electricity Industry Act 2004* section 3(1);\n\nsubcontractor, of a contractor, means a person engaged under a contract for services by the contractor to carry out prescribed activities on a network;\n\ntransmission licence has the meaning given in the *Electricity Industry Act 2004* section 3;\n\nworking day means a day that is not a Saturday, Sunday or a public holiday throughout the State.\n\n(2) For the purposes of these regulations, a reference to the network, in relation to a network operator, is a reference to —\n\n(a) if the network operator operates one network — that network; or\n\n(b) if the network operator operates 2 or more networks — any of those networks.\n\n(3) For the purposes of these regulations, a prescribed activity is carried out on a network if the prescribed activity is carried out in, on or in connection with the network.\n\n(4) However, if a prescribed activity is carried out in the course of the construction, commissioning, maintenance or decommissioning of the network, the activity is not carried out in connection with the network unless it is carried out at the site at which the network is located or is being constructed.\n\n(5) For the purposes of these regulations, the adequacy of plans, procedures, standards, work practices, instruction, training, supervision, records or other things must be assessed by reference to good industry practice.\n\n[Regulation 3 amended: Gazette 1 Aug 2017 p. 4110; SL 2021/218 r. 4.]\n\n##### 4. Network operators\n\n(1) The following persons are network operators —\n\n(a) the Electricity Networks Corporation established by the *Electricity Corporations Act 2005* section 4(1)(b);\n\n(b) the Regional Power Corporation established by the *Electricity Corporations Act 2005* section 4(1)(d);\n\n(c) Pilbara Iron Pty Ltd (ACN 107 216 535), or any successor to that company, operating transmission or distribution works under —\n\n(i) the Agreement as defined in the *Iron Ore (Hamersley Range) Agreement Act 1963* section 2; or\n\n(ii) the Agreement as defined in the *Iron Ore (Robe River) Agreement Act 1964* section 2;\n\n(d) Hamersley Iron Pty. Limited (ACN 004 558 276), or any successor to that company, operating transmission or distribution works under the Agreement as defined in the *Iron Ore (Hamersley Range) Agreement Act 1963* section 2;\n\n(e) each of the Robe River Joint Venture participants, or any successor to any of those companies, operating transmission or distribution works under the Agreement as defined in the *Iron Ore (Robe River) Agreement Act 1964* section 2;\n\n(f) BHP Iron Ore Pty Ltd (ACN 008 700 981), or any successor to that company, operating transmission or distribution works under the Agreement as defined in the *Iron Ore (Mount Newman) Agreement Act 1964* section 2;\n\n(g) each of the Newman Joint Venture participants, or any successor to any of those companies, operating transmission or distribution works under the Agreement as defined in the *Iron Ore (Mount Newman) Agreement Act 1964* section 2;\n\n(h) a person, other than a person referred to in paragraph (a), (b), (c), (d), (e), (f) or (g), who, under the *Electricity Industry Act 2004*, holds or is required to hold —\n\n(i) a transmission licence; or\n\n(ii) a distribution licence; or\n\n(iii) an integrated regional licence that authorises the holder to carry out one or more of the activities described in section 4(1)(b) and (c) of that Act.\n\n(2) For the purposes of subregulation (1)(e), the Robe River Joint Venture participants are —\n\n(a) Mitsui Iron Ore Development Pty Ltd (ACN 008 734 361);\n\n(b) Nippon Steel Raw Materials Australia Pty Ltd (ACN 001 444 604);\n\n(c) Nippon Steel Australia Pty. Limited (ACN 001 445 049);\n\n(d) North Mining Limited (ACN 000 081 434);\n\n(e) Robe River Mining Co. Pty. Ltd. (ACN 008 694 246).\n\n(3) For the purposes of subregulation (1)(g), the Newman Joint Venture participants are —\n\n(a) BHP Minerals Pty Ltd (ACN 008 694 782);\n\n(b) Mitsui‑Itochu Iron Pty Ltd (ACN 008 702 761);\n\n(c) Itochu Minerals & Energy of Australia Pty Ltd (ACN 009 256 259).\n\n[Regulation 4 amended: Gazette 1 Aug 2017 p. 4110; SL 2021/218 r. 5.]\n\n##### 5. Persons for whom a network operator or contractor is responsible\n\n(1) For the purposes of these regulations, the persons for whom a network operator is responsible are —\n\n(a) each employee of the network operator;\n\n(b) each contractor of the network operator;\n\n(c) each employee of a contractor of the network operator;\n\n(d) any other person instructed or authorised by the network operator to carry out prescribed activities on the network.\n\n(2) For the purposes of these regulations, the persons for whom a contractor is responsible are —\n\n(a) each employee of the contractor;\n\n(b) each subcontractor of the contractor;\n\n(c) each employee of a subcontractor of the contractor.\n\n## Part 2 — Network safety\n\n### Division 1 — General safety requirements\n\n##### 5A. Duty of network operator to ensure safety of network\n\n(1) A network operator must ensure, so far as is reasonably practicable, that the network of the network operator is designed, constructed, operated and maintained so as to ensure that it is safe.\n\nPenalty for this subregulation: a fine of $250 000.\n\n(2) A network operator contravenes subregulation (1) if the network operator fails to —\n\n(a) develop, implement and maintain adequate —\n\n(i) design standards and construction procedures for the network; or\n\n(ii) plans and procedures for the inspection, testing, maintenance and replacement of the network or parts of it; or\n\n(iii) operating standards and procedures for the operation of the network;\n\nor\n\n(b) regularly review the design, engineering and operation of the network for safety and effectiveness, in accordance with good industry practice.\n\n(3) Subregulation (2) does not limit the generality of subregulation (1).\n\n(4) A network operator must maintain records that are sufficient to demonstrate the extent of the network operator’s compliance with its duty under subregulation (1).\n\nPenalty for this subregulation: a fine of $250 000.\n\n(5) A network operator must —\n\n(a) maintain adequate records of the location of the network; and\n\n(b) make those records available on request to a person who, for reasons of safety, requires access to the records.\n\nPenalty for this subregulation: a fine of $250 000.\n\n[Regulation 5A inserted: SL 2021/218 r. 6.]\n\n##### 6. Duty of network operator to manage prescribed activities\n\n(1) A network operator must ensure, so far as is reasonably practicable, that each prescribed activity carried out on the network is carried out safely.\n\nPenalty for this subregulation: a fine of $250 000.\n\n(2) A network operator contravenes subregulation (1) if the network operator fails to —\n\n(a) develop, implement and maintain adequate work practices relating to prescribed activities; or\n\n[(b) deleted]\n\n(c) provide, so far as is reasonably practicable, adequate instruction, training and supervision to persons for whom the network operator is responsible, taking into account the nature of the prescribed activities carried out by those persons and the competence of those persons; or\n\n(d) ensure, so far as is reasonably practicable, that persons who are carrying out prescribed activities on the network, and for whom the network operator is responsible, comply with the plans, procedures and standards referred to in regulation 5A(2)(a); or\n\n(e) ensure, so far as is reasonably practicable, that persons who are carrying out prescribed activities on the network, and for whom the network operator is responsible, comply with the work practices applicable to the prescribed activities; or\n\n(f) regularly review the work practices applicable to prescribed activities carried out on the network for safety and effectiveness.\n\n(3) Subregulation (2) does not limit the generality of subregulation (1).\n\n(4) A network operator must maintain records that are sufficient to demonstrate the extent of the network operator’s compliance with its duty under subregulation (1).\n\nPenalty for this subregulation: a fine of $250 000.\n\n[Regulation 6 amended: SL 2021/218 r. 7 and 12.]\n\n##### 7. Duty of contractor to manage prescribed activities\n\n(1) A contractor must ensure, so far as is reasonably practicable, that each prescribed activity carried out on a network by a person for whom the contractor is responsible is carried out safely.\n\nPenalty for this subregulation:\n\n(a) for an individual, a fine of $50 000;\n\n(b) for a body corporate, a fine of $250 000.\n\n(2) A contractor contravenes subregulation (1) if the contractor fails to —\n\n(a) provide, so far as is reasonably practicable, adequate instruction, training and supervision to persons for whom the contractor is responsible, taking into account the nature of the prescribed activities carried out by those persons and the competence of those persons; or\n\n(b) ensure, so far as is reasonably practicable, that persons who are carrying out prescribed activities on the network, and for whom the contractor is responsible, comply with the design of the network; or\n\n(c) ensure, so far as is reasonably practicable, that persons who are carrying out prescribed activities on the network, and for whom the contractor is responsible, comply with the work practices applicable to the prescribed activities.\n\n(3) Subregulation (2) does not limit the generality of subregulation (1).\n\n[Regulation 7 amended: SL 2021/218 r. 8 and 12.]\n\n##### 8. Duty of persons carrying out prescribed activities\n\n(1) An individual must, in carrying out a prescribed activity on a network, ensure, so far as is reasonably practicable, that the activity is carried out safely.\n\nPenalty for this subregulation: a fine of $50 000.\n\n(2) An individual contravenes subregulation (1) if the individual, in carrying out the prescribed activity, fails to —\n\n(a) comply with the design of the network; or\n\n(b) comply with the work practices applicable to the prescribed activity.\n\n(3) Subregulation (2) does not limit the generality of subregulation (1).\n\n[Regulation 8 amended: SL 2021/218 r. 12.]\n\n##### 9. Duties relating to certain risks to safety\n\n(1) In this regulation —\n\ninvestigate includes to consider whether or not a work practice or safety management system contributed to a risk to safety;\n\nrisk to safety, in relation to a network, means —\n\n(a) anything at a place where a prescribed activity is being carried out on a network that is a risk to safety; or\n\n(b) the condition of any part of the network that is a risk to safety.\n\n(2) If a network operator becomes aware of a risk to safety in relation to a network of the network operator, the network operator must, as soon as is reasonably practicable, investigate the risk.\n\nPenalty for this subregulation: a fine of $250 000.\n\n(3) Subregulation (2) does not apply to a risk that is inherent.\n\n(4) If a person for whom a network operator is responsible becomes aware of a risk to safety in relation to a network of the network operator, the person must, as soon as is reasonably practicable, notify the network operator of the risk, unless the person knows that the network operator has already been notified.\n\nPenalty for this subregulation:\n\n(a) for an individual, a fine of $50 000;\n\n(b) for a body corporate, a fine of $250 000.\n\n(5) If an investigation reveals that there is a risk to safety, the network operator must ensure, so far as is reasonably practicable, that —\n\n(a) the risk is minimised or eliminated, as soon as is reasonably practicable; and\n\n(b) until the risk is minimised or eliminated, no prescribed activity is carried out on any affected part of the network, other than work to minimise or eliminate the risk.\n\nPenalty for this subregulation: a fine of $250 000.\n\n(6) The requirements imposed by this regulation are in addition to any requirements applying under an applicable safety management system.\n\n[Regulation 9 amended: SL 2021/218 r. 12.]\n\n### Division 2 — Certain network operators required to have safety management systems\n\n##### 10. Network operators to whom this Division applies\n\nThis Division applies to and in relation to a network operator referred to in regulation 4(1)(a), (b), (c), (d), (e), (f) or (g).\n\n##### 11. When this Division commences to apply to a network operator\n\n(1) The obligations in this Division apply to and in relation to a network operator, and each network of the network operator, on and after the earlier of —\n\n(a) the day that the network operator nominates as the day on which the obligations commence to apply to the network operator; and\n\n(b) the implementation day for the network operator.\n\n(2) To nominate a day for the purposes of subregulation (1)(a), a network operator must notify the Director in writing of the day, at least 20 working days prior to the day.\n\n(3) If the day nominated by a network operator for the purposes of subregulation (1)(a) is before the implementation day for the network operator, the Director must publish notice of that day on a website maintained on behalf of the Director.\n\n(4) The implementation day for a network operator is —\n\n(a) the last day of the 2 year period immediately following the day on which the network operator becomes a network operator; or\n\n(b) if a later day is approved by the Director under subregulation (5) for the network operator — the day approved.\n\n(5) The Director may, on application by a network operator, approve in writing a day that is later than the day specified in subregulation (4)(a) as the implementation day for the network operator if the Director considers it appropriate in the circumstances to do so.\n\n(6) An application for an approval under subregulation (5) must —\n\n(a) be in writing; and\n\n(b) nominate a day by which the network operator intends to have developed its safety management system; and\n\n(c) state the reasons for the application.\n\n(7) If the Director approves a day under subregulation (5), the Director must publish notice of that day on a website maintained on behalf of the Director.\n\n(8) This regulation has effect subject to regulation 12.\n\n##### 12. Transfer of operation of network\n\n(1) Subregulation (2) applies to a person if —\n\n(a) the operation of a network is transferred to the person; and\n\n(b) the obligations in this Division did not apply to the person before the transfer; and\n\n(c) the person is the network operator of the network after the transfer (whether or not the person was a network operator before the transfer); and\n\n(d) immediately before the transfer, the obligations in this Division applied to the network operator of the network (the prior network operator).\n\n(2) If this subregulation applies to a person —\n\n(a) this Division applies to and in relation to the person, whether or not the person is a network operator described in regulation 10; and\n\n(b) the obligations in this Division apply to and in relation to the person on and from —\n\n(i) if the prior network operator had, or was required to have, a safety management system in relation to the network — the day on which the operation of the network is transferred to the person; or\n\n(ii) if subparagraph (i) does not apply — the day worked out under regulation 11 in relation to the person, as if the 2 year period referred to in regulation 11(4)(a) were the 2 year period applicable to the first person to become a network operator in relation to the network.\n\n##### 13. Requirement to have safety management system\n\n(1) A network operator must have a safety management system that —\n\n(a) applies to all networks of the network operator; and\n\n(b) complies with AS 5577.\n\nPenalty for this subregulation: a fine of $250 000.\n\n(2) Subregulation (1)(b) is subject to regulation 14.\n\n[Regulation 13 amended: SL 2021/218 r. 12.]\n\n##### 14. Requirement to revise safety management system\n\n(1) A network operator must review and revise its safety management system in accordance with AS 5577.\n\n\tPenalty for this subregulation: a fine of $250 000.\n\n(2) If AS 5577 is amended, a network operator must revise its safety management system so that it complies with the standard, as amended, before the later of —\n\n(a) the time (if any) specified for that in the amendment; and\n\n(b) the end of the period of 6 months after the day on which the amendment is published, or that period as extended under subregulation (3).\n\nPenalty for this subregulation: a fine of $250 000.\n\n(3) The Director may, on application by a network operator, extend the period of 6 months if the Director considers it appropriate in the circumstances to do so.\n\n(4) An application for an extension under subregulation (3) must —\n\n(a) be in writing; and\n\n(b) nominate a day by which the network operator intends to have revised its safety management system; and\n\n(c) state the reasons for the application.\n\n(5) If the Director extends the 6 month period, the Director must give notice of the extension to the network operator and publish notice of the extension on a website maintained on behalf of the Director.\n\n[Regulation 14 amended: SL 2021/218 r. 12.]\n\n##### 15. Requirement to comply with safety management system\n\n(1) A network operator must ensure, so far as is reasonably practicable, that each prescribed activity carried out on the network is carried out in accordance with the network operator’s safety management system.\n\nPenalty for this subregulation: a fine of $250 000.\n\n(2) A network operator must ensure, so far as is reasonably practicable, that all other requirements of the safety management system (including, without limitation, auditing and record‑keeping requirements) are complied with.\n\nPenalty for this subregulation: a fine of $250 000.\n\n(3) A contractor must ensure, so far as is reasonably practicable, that each prescribed activity carried out on the network by the contractor or a person for whom the contractor is responsible is carried out in accordance with the network operator’s safety management system.\n\nPenalty for this subregulation:\n\n(a) for an individual, a fine of $50 000;\n\n(b) for a body corporate, a fine of $250 000.\n\n[Regulation 15 amended: SL 2021/218 r. 12.]\n\n##### 16. Compliance with safety management system evidence of compliance with regulation 5A, 6 or 7\n\n(1) Compliance by a network operator with the network operator’s safety management system is evidence of compliance with regulations 5A and 6.\n\n(2) In relation to a prescribed activity carried out on a network by a contractor, or a person for whom the contractor is responsible, compliance by the contractor with the network operator’s safety management system is evidence of compliance with regulation 7.\n\n[Regulation 16 amended: SL 2021/218 r. 9.]\n\n### Division 3 — Requirements if network operator not required to have safety management system\n\n##### 17. Terms used and approval of certain standards and codes by Director\n\n(1) In this Division —\n\nevidentiary provision means a provision of —\n\n(a) a standard or code published under a law of any jurisdiction in Australia; or\n\n(b) a standard or code published by Standards Australia or Standards New Zealand or both; or\n\n(c) a standard or code published by any other body and approved by the Director under subregulation (2); or\n\n(d) a standard or code specified in Schedule 1;\n\nobligatory provision means a provision of a standard or code specified in Schedule 2.\n\n(2) The Director may approve a standard or code in writing for the purposes of paragraph (c) of the definition of ***evidentiary provision*** in subregulation (1).\n\n(3) A network operator may submit a standard or code to the Director for approval under subregulation (2).\n\n(4) The Director may at any time revoke an approval under subregulation (2).\n\n(5) If the Director approves a standard or code, the Director must publish notice of that on a website maintained on behalf of the Director.\n\n##### 18. Network operators to whom this Division applies\n\nThis Division applies to and in relation to a network operator if the network operator is not required to have a safety management system under Division 2.\n\n##### 19. Requirement to comply with obligatory provisions\n\n(1) A network operator must ensure, so far as is reasonably practicable, that each prescribed activity carried out on the network is carried out in such a way as to comply with each obligatory provision that applies to the prescribed activity.\n\nPenalty for this subregulation: a fine of $250 000.\n\n(2) A contractor must ensure, so far as is reasonably practicable, that each prescribed activity carried out on a network by the contractor, or a person for whom the contractor is responsible, is carried out in such a way as to comply with each obligatory provision that applies to the prescribed activity.\n\nPenalty for this subregulation:\n\n(a) for an individual, a fine of $50 000;\n\n(b) for a body corporate, a fine of $250 000.\n\n[Regulation 19 amended: SL 2021/218 r. 12.]\n\n##### 20. Compliance with obligatory and evidentiary provisions evidence of compliance with regulation 6 or 7\n\n(1) Compliance by a network operator with —\n\n(a) an obligatory provision that applies to a prescribed activity; or\n\n(b) an evidentiary provision that —\n\n(i) applies to a prescribed activity; and\n\n(ii) is not inconsistent with an obligatory provision that applies to the prescribed activity,\n\nis evidence of compliance with regulation 6 in relation to that prescribed activity.\n\n(2) Compliance by a contractor with —\n\n(a) an obligatory provision that applies to a prescribed activity; or\n\n(b) an evidentiary provision that —\n\n(i) applies to a prescribed activity; and\n\n(ii) is not inconsistent with an obligatory provision that applies to the prescribed activity,\n\nis evidence of compliance with regulation 7 in relation to that prescribed activity.\n\n##### 21. Requirement to provide information and training\n\n(1) A network operator must ensure, so far as is reasonably practicable, that each person for whom the network operator is responsible who carries out a prescribed activity on the network —\n\n(a) is provided with access to information setting out work standards, procedures and practices that are relevant to the activity and consistent with the requirements of these regulations; and\n\n(b) has been given instruction and training, and has been assessed as competent, in the safe application and use of those standards, procedures and practices.\n\nPenalty for this subregulation: a fine of $250 000.\n\n(2) A contractor must ensure, so far as is reasonably practicable, that each person for whom the contractor is responsible who carries out a prescribed activity on a network —\n\n(a) is provided with access to information setting out work standards, procedures and practices that are relevant to the activity and consistent with the requirements of these regulations; and\n\n(b) has been given instruction and training, and has been assessed as competent, in the safe application and use of those standards, procedures and practices.\n\nPenalty for this subregulation:\n\n(a) for an individual, a fine of $50 000;\n\n(b) for a body corporate, a fine of $250 000.\n\n[Regulation 21 amended: SL 2021/218 r. 12.]\n\n## Part 3 — Notification, investigation and reporting\n\n### Division 1 — Notifiable incidents\n\n##### 22. Terms used\n\nIn this Division —\n\ncontact, in the definition of ***notifiable incident***, includes being close enough for a discharge of electricity to occur;\n\nnotifiable incident, in relation to a network, means an incident of any of the following types —\n\n(a) the discharge of electricity from the network that —\n\n(i) causes the electric shock, injury or death of a person or the death of livestock; or\n\n(ii) causes a fire, in vegetation, that extends for more than 200 m from its origin; or\n\n(iii) causes a fire in a building or structure that is not a part of the network; or\n\n(iv) causes a fire in or on a part of the network, other than a fire on a pole; or\n\n(v) causes a part of the network to fail in a way that would expose persons in the vicinity to the risk of injury or death (whether or not there was anybody in the vicinity), for example, an explosion; or\n\n(vi) was caused by a third party making contact with a part of the network, if that part of the network did not, at the time of the incident, comply with the design and construction standards applicable to that part at the time of its design and construction; or\n\n(vii) was caused by a failure, while a prescribed activity was being carried out on the network, to follow or apply good industry practice in relation to the activity; or\n\n(viii) was caused by contact with exposed metal parts of underground cables that were not insulated but should have been according to good industry practice;\n\n(b) the supply of electricity to consumers in a way that does not comply with section 25(1)(d) of the Act and that causes damage to one or more consumer’s installations, if the cost of rectifying the damage is likely to exceed $20 000 in aggregate;\n\n(c) a consumer’s installation becoming unsafe because of an error in —\n\n(i) connecting the network to the installation; or\n\n(ii) connecting a meter to the installation;\n\n(d) a faulty neutral connection on the network that affects at least 2 consumers;\n\nprotective device means a fuse, circuit breaker, reclosing switch or other device that is designed to interrupt the supply of electricity;\n\nthird party, in relation to making contact with a part of a network, means a person other than —\n\n(a) the network operator; or\n\n(b) a person instructed or authorised by the network operator to do so.\n\n[Regulation 22 amended: Gazette 1 Aug 2017 p. 4110‑11; SL 2021/218 r. 10.]\n\n##### 23. Notification and investigation of suspected notifiable incidents\n\n(1) If a network operator has reasonable grounds to suspect that a notifiable incident has occurred in relation to the network the network operator must —\n\n(a) notify the Director of the incident, in a manner approved by the Director, as soon as possible after the network operator becomes aware of the incident; and\n\n(b) include in the notification all readily available details of the operation of any protective device that occurred on the network and that related, or may have related, to the incident.\n\nPenalty for this subregulation: a fine of $250 000.\n\n(2) The network operator must investigate the incident.\n\nPenalty for this subregulation: a fine of $250 000.\n\n(3) The network operator must ensure, so far as is reasonably practicable, that physical evidence relating to the incident is secured and retained until —\n\n(a) the Director has notified the network operator that the physical evidence is no longer required to be retained; or\n\n(b) the Director, with the agreement of the network operator, takes possession of the evidence.\n\nPenalty for this subregulation: a fine of $250 000.\n\n(4) If, after notifying the Director of the incident, the network operator becomes satisfied on reasonable grounds that the incident is not a notifiable incident, the network operator must notify the Director of that, as soon as is reasonably practicable.\n\nPenalty for this subregulation: a fine of $250 000.\n\n(5) The requirement to secure physical evidence under subregulation (3) is satisfied if —\n\n(a) the network operator moves the evidence to a place where it is secure from damage and interference; or\n\n(b) in a case where it is impracticable for the evidence to be moved as described in paragraph (a) —\n\n(i) the evidence is at a site the subject of a notification by the Director under regulation 25(1); or\n\n(ii) the network operator has made arrangements, that are approved by the Director, to secure the evidence.\n\n(6) A person must not dispose of or destroy physical evidence relating to the incident while it is required to be retained under subregulation (3).\n\nPenalty for this subregulation:\n\n(a) for an individual, a fine of $50 000;\n\n(b) for a body corporate, a fine of $250 000.\n\n[Regulation 23 amended: SL 2021/218 r. 12.]\n\n##### 24. Reporting of notifiable incidents\n\n(1) Unless the network operator has notified the Director under regulation 23(4) that the network operator is satisfied that the incident is not a notifiable incident, the network operator must —\n\n(a) prepare a report of the investigation of the incident in accordance with subregulation (2); and\n\n(b) give the report to the Director within 30 working days after the day on which the incident occurred or any extension of that period the Director, in writing, allows.\n\nPenalty for this subregulation: a fine of $250 000.\n\n(2) The report must —\n\n(a) be in a form acceptable to the Director; and\n\n(b) describe the incident; and\n\n(c) identify the cause of the incident or state that the cause of the incident is not known; and\n\n(d) describe the steps taken to investigate the incident; and\n\n(e) indicate whether the network operator proposes to revise its safety management system (if one applies to the network) and, if so, how and by when; and\n\n(f) include or be accompanied by the following —\n\n(i) any photographs, videos, maps or diagrams that the network operator has that are relevant to the incident;\n\n(ii) any opinions obtained from experts in relation to the incident;\n\n(iii) the results of any tests conducted to determine the cause of the incident;\n\n(iv) maintenance records relating to the apparatus involved in the incident;\n\n(v) any other information that the network operator considers relevant to the investigation of the incident.\n\n[Regulation 24 amended: SL 2021/218 r. 12.]\n\n##### 25. Requirement not to disturb site of notifiable incident or physical evidence\n\n(1) This regulation applies to and in relation to a network operator if the Director has notified the network operator that an electricity inspector proposes to exercise his or her powers under the *Energy Coordination Act 1994* section 14 in relation to the site of a notifiable incident or suspected notifiable incident.\n\n(2) The network operator must ensure, so far as is reasonably practicable, that the site of the incident is not disturbed in such a way as to prejudice the examination of the site or physical evidence relating to the incident.\n\nPenalty for this subregulation: a fine of $250 000.\n\n(3) The network operator must ensure, so far as is reasonably practicable, that each contractor who may carry out a prescribed activity at or near the site is notified that the site must not be disturbed in such a way as to prejudice the examination of the site or physical evidence relating to the incident.\n\nPenalty for this subregulation: a fine of $250 000.\n\n(4) If a contractor has been notified under subregulation (3), the contractor must ensure, so far as is reasonably practicable, that the site of the incident is not disturbed by the contractor, or a person for whom the contractor is responsible, in such a way as to prejudice the examination of the site or the evidence.\n\nPenalty for this subregulation:\n\n(a) for an individual, a fine of $50 000;\n\n(b) for a body corporate, a fine of $250 000.\n\n(5) Subregulations (2) and (4) do not apply if the disturbance is in accordance with an approval of the Director given in relation to the incident.\n\n[Regulation 25 amended: SL 2021/218 r. 12.]\n\n##### 26. Destructive testing of physical evidence\n\n(1) Regulation 23(3) and (6) do not apply to particular physical evidence, to the extent necessary to allow for destructive testing of the evidence, if —\n\n(a) the network operator believes that destructive testing of the evidence is required; and\n\n(b) the network operator has notified the Director of that belief; and\n\n(c) the Director has not, within 5 working days after the day on which the Director was notified, prohibited the testing.\n\n(2) If a network operator proposes to carry out destructive testing of particular physical evidence to which regulation 23(3) applies, the Director may nominate a person to witness the testing.\n\n(3) The network operator must permit a person nominated under subregulation (2) to witness the testing.\n\nPenalty for this subregulation: a fine of $250 000.\n\n[Regulation 26 amended: SL 2021/218 r. 12.]\n\n##### 27. Statistical reporting\n\nThe Director may, from time to time, publish statistical information derived from reports and notifications under this Division.\n\n### Division 2 — Reporting on network safety performance\n\n##### 28. Terms used\n\nIn this Division —\n\napplicable standard, means —\n\n(a) in relation to a pole, overhead conductor or stay wire — AS/NZS 7000 or the equivalent standard or code applicable at the time the pole, conductor or wire was installed;\n\n(b) in relation to a low voltage underground cable — AS/NZS 3000 or the equivalent standard or code applicable at the time the underground cable was installed;\n\n(c) in relation to a high voltage underground cable — AS 2067 or the equivalent standard or code applicable at the time the underground cable was installed;\n\nAS 2067 means AS 2067:2016 Substations and high voltage installations exceeding 1 kV a.c.;\n\nAS/NZS 3000 means AS/NZS 3000:2018 Electrical installations (known as the Australian/New Zealand Wiring Rules);\n\nAS/NZS 7000 means AS/NZS 7000:2016 Overhead line design — Detailed procedures;\n\nconductor means a wire, cable or other form of metal designed to carry an electrical current;\n\nnetwork safety performance incident has the meaning given in regulation 30;\n\nunassisted failure, of a pole, overhead conductor, stay wire or underground cable, means the pole breaking or collapsing, the conductor or wire breaking or the cable failing, otherwise than because of —\n\n(a) a force exceeding the failure limit or design wind load specified in the applicable standard; or\n\n(b) a lightning strike, earthquake, fire or flood; or\n\n(c) malicious damage; or\n\n(d) excavation other than by a person for whom the network operator is responsible; or\n\n(e) any other similar occurrence beyond the control of the network operator.\n\n[Regulation 28 amended: Gazette 1 Aug 2017 p. 4111‑12; 2 Oct 2018 p. 3794.]\n\n##### 29. Network operators to whom this Division applies\n\nThis Division applies to and in relation to a network operator referred to in regulation 4(1)(a), (b), (c), (d), (e), (f) or (g).\n\n##### 30. Network safety performance incidents\n\n(1) In this Division, network safety performance incident, in relation to a network, means —\n\n(a) a discharge of electricity from the network that causes the electric shock, injury or death of a person or the death of livestock; or\n\n(b) an incident caused by the network, other than a fire, that causes damage to property other than to the network; or\n\n(c) a fire caused by the network that causes damage to property other than to the network; or\n\n(d) a fire, on a pole that is a part of the network, that originated on the pole; or\n\n(e) the contacting of 2 or more conductors of the network, of different phases, caused by temperature variations or wind; or\n\n(f) an unassisted failure of a pole that is a part of the network; or\n\n(g) an unassisted failure of an overhead conductor that is a part of the network; or\n\n(h) an unassisted failure of a stay wire that is a part of the network; or\n\n(i) an unassisted failure of an underground cable that is a part of the network.\n\n(2) In this Division, the types of network safety performance incident are —\n\n(a) each type of incident described in subregulation (1)(a) to (1)(c); and\n\n(b) a fire on a pole, as described in subregulation (1)(d), according to whether the pole was a part of transmission or distribution works; and\n\n(c) the contacting of conductors, as described in subregulation (1)(e), according to whether the conductors were a part of transmission or distribution works; and\n\n(d) an unassisted failure of a pole according to whether the pole was a part of transmission or distribution works and according to the following categories of material out of which the pole is made — hard wood, soft wood, steel, concrete, aluminium, composite fibre and other; and\n\n(e) an unassisted failure of an overhead conductor according to whether the conductor was a part of transmission or distribution works; and\n\n(f) an unassisted failure of a stay wire according to whether the wire was a part of transmission or distribution works; and\n\n(g) an unassisted failure of an underground cable according to whether the cable was a part of transmission or distribution works.\n\n[Regulation 30 amended: Gazette 1 Aug 2017 p. 4112.]\n\n##### 31. Network operator to publish annual objectives\n\n(1) A network operator must, on or before each 30 November —\n\n(a) give the Director a statement of network safety performance objectives that complies with subregulations (2) to (4); and\n\n(b) publish the statement on a website maintained by the network operator.\n\nPenalty for this subregulation: a fine of $250 000.\n\n(2) The statement must set out, for each type of network safety performance incident, the network operator’s objective in relation to the maximum number of incidents of that type occurring in relation to the network during the financial year in which the 30 November occurs and each of the next 3 financial years.\n\n(3) For unassisted failures of poles, the statement must also set out the network operator’s objectives in terms of maximum rates of failure, according to whether the pole was a part of transmission or distribution works.\n\n(4) The statement must explain how the network operator developed the objectives and demonstrate that the objectives are consistent with the construction and maintenance programme of the operator for each of the years.\n\n(5) The network operator must ensure that the statement remains published on a website maintained by the network operator for 4 years.\n\nPenalty for this subregulation: a fine of $250 000.\n\n(6) For a network operator that is a network operator on the day on which this regulation comes into operation, subregulations (1) and (2) are modified so that the first statement under subregulation (1) must —\n\n(a) be given and published before 1 October 2015; and\n\n(b) cover the financial year commencing on 1 July 2015 and the next 2 financial years.\n\n[Regulation 31 amended: SL 2021/218 r. 12.]\n\n##### 32. Network operator to publish quarterly outcomes\n\n(1) This regulation applies to each financial year that begins after a network operator is required to give its first statement of network safety performance objectives under regulation 31.\n\n(2) The network operator must, within 40 working days after the end of each quarter in the year —\n\n(a) give the Director a statement of network safety performance outcomes for that quarter that complies with subregulations (3) and (4); and\n\n(b) publish the statement on a website maintained by the network operator.\n\nPenalty for this subregulation: a fine of $250 000.\n\n(3) The statement of network safety performance outcomes must set out, for each type of network safety performance incident —\n\n(a) the network operator’s current objective in relation to the maximum number of incidents of that type for the year, as published under regulation 31; and\n\n(b) the number of incidents of that type that occurred in relation to the network during the quarter; and\n\n(c) the number of incidents of that type that occurred in relation to the network during the period beginning at the start of the year and ending at the end of the quarter.\n\n(4) For unassisted failures of poles, the statement must also set out the matters in subregulation (3) in terms of rates of failure, according to whether the pole was a part of transmission or distribution works.\n\n(5) The network operator must ensure that the statement of network safety performance outcomes —\n\n(a) remains published on a website maintained by the network operator for 4 years; and\n\n(b) is not amended unless the Director approves the proposed amendment.\n\nPenalty for this subregulation: a fine of $250 000.\n\n[Regulation 32 amended: SL 2021/218 r. 12.]\n\n##### 33. Director may publish and comment on objectives and outcomes\n\n(1) The Director may publish statements given under regulations 31 and 32 on a website maintained on behalf of the Director.\n\n(2) The Director may publish, along with those statements, the Director’s opinion as to the appropriateness of the objectives and outcomes and the Director’s assessment of the network operator’s network safety performance based on those statements.\n\n## Part 4 — Review of decisions\n\n##### 34. Decisions to which this Part applies\n\n(1) This Part applies to a decision of the Director —\n\n(a) under regulation 11(5) to refuse to approve a day that is later than the day specified in regulation 11(4)(a) as the implementation day for a network operator; or\n\n(b) under regulation 14(3) to refuse to extend the period for the revision of a network operator’s safety management system; or\n\n(c) under regulation 17(2) to refuse to approve a standard or code; or\n\n(d) under regulation 17(4) to revoke the approval of a standard or code; or\n\n(e) under regulation 24(1)(b) to refuse to extend the period in which to give a report of the investigation of an incident; or\n\n(f) under regulation 32(5)(b) to refuse to approve a proposed amendment to a statement of network safety performance outcomes; or\n\n(g) under regulation 35(5) to refuse to stay or modify the operation of a decision of the Director the subject of a review under this Part.\n\n(2) If the Director makes a decision listed in subregulation (1), the Director must notify the person or each person the subject of the decision or directly affected by it.\n\n##### 35. Application for review\n\n(1) A person aggrieved by a decision to which this Part applies may apply in writing to the Director for a review of the decision.\n\n(2) An application for review is to be made within 10 working days after the day on which the applicant receives notice of the decision.\n\n(3) The Director may, in a particular case, extend the period referred to in subregulation (2).\n\n(4) The Director must give the applicant a reasonable opportunity to make submissions in relation to the review.\n\n(5) The Director may suspend the operation or effect of the decision until the determination of the review.\n\n(6) The Director, after considering submissions (if any) made under subregulation (4) may determine the application by confirming, varying or reversing the decision.\n\n(7) The Director must give written notice of his or her determination and the reasons for it to the applicant.\n\n(8) The Director may publicise his or her determination in the manner the Director thinks fit.\n\n##### 36. Review of determinations of Director under regulation 35\n\n(1) A person aggrieved by a determination of the Director under regulation 35 may —\n\n(a) if a question of law is involved — apply to the State Administrative Tribunal for a review of the decision; or\n\n(b) in any other case — request that a technical review panel review the decision.\n\n(2) A request for review under subregulation (1)(b) must —\n\n(a) be made to the CEO within 30 days after the day on which the person receives written notice of the determination; and\n\n(b) be in writing; and\n\n(c) set out the grounds on which the request is made; and\n\n(d) set out any submissions that the person wishes to make in relation to the review.\n\n(3) If a request for review is made under subregulation (1)(b), the CEO must convene a technical review panel unless satisfied that the request is frivolous or vexatious.\n\n(4) The State Administrative Tribunal or the technical review panel (whichever is relevant) may suspend the operation or effect of the decision until the determination of the review.\n\n(5) If the decision is sent back to the Director under the *State Administrative Tribunal Act 2004* section 29(3)(c)(ii) for reconsideration —\n\n(a) the Director must make a new decision, in accordance with any directions or recommendations of the State Administrative Tribunal, within 20 working days after the day on which the Director receives notice of the Tribunal’s determination; and\n\n(b) the new decision is not subject to review under regulation 35; and\n\n(c) the *State Administrative Tribunal Act 2004* section 29(4) does not apply in relation to the new decision.\n\n(6) On a review under subregulation (1)(b), the technical review panel may determine the review by confirming, varying or cancelling the decision, and the determination of the panel is final.\n\n(7) If the technical review panel cancels the decision, the Director may make a new decision, in accordance with the panel’s determination, within 20 working days after the day on which the Director receives notice of the panel’s determination, and the new decision is not subject to review under regulation 35.\n\n##### 37. Technical review panels: convening, remuneration and support\n\n(1) If the CEO is required to convene a technical review panel, the CEO must convene a panel of 3 persons who are independent of the particular matter that is the subject of the decision being reviewed.\n\n(2) Each member of a technical review panel is to be paid the remuneration and allowances that the Minister, on the recommendation of the Public Sector Commissioner, determines for that member.\n\n(3) Subregulation (2) does not apply to an employee as defined in the *Public Sector Management Act 1994* section 3(1).\n\n(4) The CEO must provide a technical review panel with the support services it may reasonably require.\n\n##### 38. Technical review panels: procedure on review\n\n(1) A technical review panel may inform itself about a relevant matter in any manner it considers appropriate and may determine its own procedure.\n\n(2) A technical review panel must give the Director —\n\n(a) a copy of the request for review; and\n\n(b) a reasonable opportunity to make submissions in relation to the review.\n\n(3) The technical review panel must —\n\n(a) complete the review by making a determination under regulation 36(6) within the period specified by the CEO in writing; and\n\n(b) give written notice of its determination to the Director and the person who requested the review.\n\n##### 39. Technical review panels: costs\n\n(1) If a technical review panel confirms the decision under review, the person who requested the review is liable to pay the reasonable costs of the review.\n\n(2) The CEO may seek an order for the recovery of those costs in a court of competent jurisdiction.\n\n(3) The reasonable costs of a review include —\n\n(a) remuneration and allowances paid to the members of a technical review panel convened for the purposes of the review;\n\n(b) costs of consultants or contractors engaged by the CEO for the purposes of the review, including accommodation costs, travel costs and equipment costs;\n\n(c) photocopying, mailing and similar administrative costs.\n\n## Part 5 — Miscellaneous\n\n##### 40. Defence for certain network operators\n\n(1) Subregulation (2) applies in relation to the companies listed in regulation 4(2) (that is, the Robe River Joint Venture participants).\n\n(2) If one of the companies is charged with an offence constituted by a breach of an obligation under these regulations (other than regulation 41), it is a defence to prove that another of the companies complied with that obligation.\n\n(3) Subregulation (4) applies in relation to the companies listed in regulation 4(3) (that is, the Newman Joint Venture participants).\n\n(4) If one of the companies is charged with an offence constituted by a breach of an obligation under these regulations (other than regulation 41), it is a defence to prove that another of the companies complied with that obligation.\n\n##### 41. Contact details of network operators\n\n(1) In this regulation —\n\ncontact details, of a person who is or is to become a network operator, means, for each network for which the person is or is to become the network operator, one or more of each of the following, a postal address, a telephone number, a facsimile number and an email address, by which the person may be contacted, or given notices or other documents, for operational purposes and for administrative purposes respectively.\n\n(2) A person who is a network operator on the day on which this regulation comes into operation must, within 20 working days after that day, give the Director a notice —\n\n(a) stating that the person is a network operator; and\n\n(b) setting out the transmission or distribution works of which the person is the network operator; and\n\n(c) setting out the person’s ACN (or equivalent) and contact details; and\n\n(d) listing all related bodies corporate.\n\nPenalty for this subregulation: a fine of $250 000.\n\n(3) A person who is to become the network operator of particular transmission or distribution works after the day on which this regulation comes into operation must, at least 30 working days before the day on which the person will become the network operator of those works, give the Director a notice —\n\n(a) stating that the person is to become the network operator of those works; and\n\n(b) setting out the day on which that is to occur; and\n\n(c) setting out the person’s ACN (or equivalent) and contact details; and\n\n(d) listing all related bodies corporate.\n\nPenalty for this subregulation: a fine of $250 000.\n\n(4) A network operator who is to cease to be an operator of particular transmission or distribution works must, at least 30 working days before the day on which the network operator ceases to be the operator of the works, give the Director a notice —\n\n(a) stating that the person will cease to be the operator of the works; and\n\n(b) setting out the day on which that is to occur.\n\nPenalty for this subregulation: a fine of $250 000.\n\n(5) If there is a change in the name or contact details of a network operator, the network operator must, within 10 working days after the day on which the change occurs, give the Director a notice setting out the new name or contact details.\n\nPenalty for this subregulation: a fine of $250 000.\n\n(6) A notice under this regulation must be in a form approved by the Director.\n\n(7) For the purposes of this regulation, a body corporate is related to a person if it is a related body corporate within the meaning of the *Corporations Act 2001* (Commonwealth) section 9.\n\n[Regulation 41 amended: SL 2021/218 r. 12.]\n\n## Part 6 — Repeal, consequential amendments and transitional provisions\n\n### Division 1 — Repeal\n\n##### 42. *Electricity (Supply Standards and System Safety) Regulations 2001* repealed\n\nThe *Electricity (Supply Standards and System Safety) Regulations 2001* are repealed.\n\n### Division 2 — Consequential amendments\n\n##### 43. *Electricity (Licensing) Regulations 1991* amended\n\n(1) This regulation amends the *Electricity (Licensing) Regulations 1991*.\n\n(2) In regulation 63(7)(a):\n\n(a) delete “a notifiable” and insert:\n\nan\n\n(b) delete “*Electricity (Supply Standards and System Safety) Regulations 2001* regulation 35(1)(a); and” and insert:\n\n\t\t*Electricity (Network Safety) Regulations 2015* regulation 23(1); and\n\n##### 44. *Electricity Regulations 1947* amended\n\n(1) This regulation amends the *Electricity Regulations 1947*.\n\n(2) Delete Schedule 1 Table 4 and insert:\n\nTable 4 — *Electricity (Network Safety) Regulations 2015* offences\n\n| **Provision(s)** | **Description of offence under *Electricity (Network Safety) Regulations 2015*** | **Modified penalty** | |\n| --- | --- | --- | --- |\n|  |  | **For individual** | **For body corporate** |\n| r. 13(1) | Failure by network operator to have safety management system |  | $50 000 |\n| r. 14(1) | Failure by network operator to review and revise safety management system |  | $50 000 |\n| r. 14(2) | Failure by network operator to revise safety management system following amendment of AS 5577 |  | $50 000 |\n| r. 23(6) | Destroying or disposing of physical evidence relating to incident | $5 000 | $50 000 |\n| r. 24(1) | Failure by network operator to give report, that complies with regulation 24(2), on incident within required time |  | $10 000 |\n| r. 24(1) | Failure by network operator to give report on incident within required time |  | $50 000 |\n| r. 26(3) | Failure by network operator to permit witnessing of testing |  | $50 000 |\n| r. 31(1) | Failure by network operator to give or publish statement of network safety performance objectives |  | $10 000 |\n| r. 32(2) | Failure by network operator to give or publish statement of network safety performance outcomes |  | $10 000 |\n| r. 41(2) | Failure by network operator to inform Director and give details |  | $5 000 |\n| r. 41(3) | Failure by person who is to become network operator to inform Director and give details |  | $5 000 |\n| r. 41(4) | Failure by person who is to cease to be network operator to inform Director and give details |  | $5 000 |\n| r. 41(5) | Failure by network operator to give notice of change in name or contact details |  | $5 000 |\n\n\n(3) In Schedule 2 Forms 1 and 2 delete “*Electricity (Supply Standards and System Safety) Regulations 2001* r.” and insert:\n\n\t\t*Electricity (Network Safety) Regulations 2015* r.\n\n### Division 3 — Transitional provisions\n\n##### 45. Terms used\n\nIn this Division —\n\ncommencement day means the day on which this regulation comes into operation;\n\nrepealed regulations means the *Electricity (Supply Standards and System Safety) Regulations 2001* as in force immediately before commencement day.\n\n##### 46. Standards and codes\n\n(1) If, immediately before commencement day, a standard or code was a standard or code approved by the Director under regulation 11(1)(c) of the repealed regulations, the standard or code becomes, on commencement day, a standard or code approved by the Director under regulation 17(2).\n\n(2) Subregulation (1) does not prevent the revocation of the approval under regulation 17(4).\n\n(3) If a decision by the Director under regulation 11(2) of the repealed regulations to refuse to approve a standard or code was made within 10 working days before commencement day, the decision has effect for the purposes of regulation 34 as if made under regulation 17(2).\n\n##### 47. Notifiable incidents that occurred before commencement day\n\nRegulation 24 applies in relation to a notifiable incident (as defined in regulation 34 of the repealed regulations) that occurred before commencement day in, on or in connection with a network (as defined in regulation 3(1) of the repealed regulations) if —\n\n(a) the report of the incident under regulation 36 of the repealed regulations was not submitted before commencement day; and\n\n(b) the period for the submission of the report had not expired before commencement day.\n\nSchedule 1 — Standards and codes containing evidentiary provisions\n\n[r. 17]\n\n[Heading inserted: SL 2021/218 r. 11.]\n\nDivision 1 — General\n\n[Heading inserted: SL 2021/218 r. 11.]\n\nCode of Practice for Safe Low Voltage Work Practices by Electricians, published by the Director in December 2017.\n\nUtility Providers Code of Practice for Western Australia, produced by the Utility Providers Services Committee and applicable from 1 March 2018.\n\nWA Electrical Requirements, published by the Director in December 2019.\n\nAS 2676.1:2020 Guide to the installation, maintenance, testing and replacement of secondary batteries in buildings — Part 1: Vented cells.\n\nAS 2676.2:2020 Guide to the installation, maintenance, testing and replacement of secondary batteries in buildings — Part 2: Sealed cells.\n\nAS 5577‑2013 Electricity network safety management systems.\n\nAS/NZS 3000:2018 Electrical installations (known as the Australian/New Zealand Wiring Rules).\n\nAS/NZS 3013:2005 Electrical installations — Classification of the fire and mechanical performance of wiring system elements.\n\nAS/NZS 3100:2017 Approval and test specification — General requirements for electrical equipment.\n\nAS/NZS 60479.1:2010 Effects of current on human beings and livestock — Part 1: General aspects.\n\nENA Doc 008‑2006 National guidelines on electrical safety for emergency service personnel.\n\nENA Doc 015‑2006 National guidelines for prevention of unauthorised access to electricity infrastructure.\n\nENA Doc 018‑2015 Guideline for the fire protection of electricity substations.\n\nENA Doc 044‑2020 Guideline for energised low voltage work.\n\n[Division 1 inserted: SL 2021/218 r. 11.]\n\nDivision 2 — Overhead lines\n\n[Heading inserted: SL 2021/218 r. 11.]\n\nCode of Practice for Personnel Electrical Safety for Vegetation Control Work Near Live Power Lines, published by the Director in May 2021.\n\nAS/NZS 1768:2007 Lightning protection.\n\nAS 3891.1:2021 Air navigation — Cables and their supporting structures — Marking and safety requirements — Part 1: Marking of overhead cables and supporting structures.\n\nAS 3891.2:2018 Air navigation — Cables and their supporting structures — Marking and safety requirements — Part 2: Low level aviation operations.\n\n[Division 2 inserted: SL 2021/218 r. 11.]\n\nDivision 3 — Switchyards, substations and power stations\n\n[Heading inserted: SL 2021/218 r. 11.]\n\nAS 1319‑1994 Safety signs for the occupational environment.\n\nAS 62271.1:2019 High-voltage switchgear and controlgear — Part 1: Common specifications for alternating current switchgear and controlgear (IEC 62271‑1:2017 MOD).\n\nAS 2865‑2009 Confined spaces.\n\nAS 60076.1:2014 Power transformers — Part 1: General (IEC 60076‑1, Ed. 3.0 (2011) MOD).\n\nAS 60076.11‑2006 Power transformers — Part 11: Dry‑type transformers.\n\nENA Doc 007‑2006 Specification for polemounting distribution transformers.\n\n[Division 3 inserted: SL 2021/218 r. 11.]\n\nDivision 4 — Underground cables\n\n[Heading inserted: SL 2021/218 r. 11.]\n\nAS 2832.1:2015 Cathodic protection of metals — Part 1: Pipes and cables.\n\nAS/NZS 2648.1:1995 Underground marking tape — Part 1: Non‑detectable tape.\n\n[Division 4 inserted: SL 2021/218 r. 11.]\n\nDivision 5 — Power coordination\n\n[Heading inserted: SL 2021/218 r. 11.]\n\nAS/NZS 3835.1:2006 Earth potential rise — Protection of telecommunications network users, personnel and plant — Part 1: Code of practice.\n\nAS/NZS 3835.2:2006 Earth potential rise — Protection of telecommunications network users, personnel and plant — Part 2: Application guide.\n\nHB 100‑2000 (CJC 4) Coordination of power and telecommunications — Manual for the establishment of safe work practices and the minimisation of operational interference between power systems and paired cable telecommunications systems.\n\nHB 101‑1997 (CJC 5) Coordination of power and telecommunications — Low Frequency Induction (LFI) — Code of practice for the mitigation of hazardous voltages induced into telecommunications lines.\n\nHB 102‑1997 (CJC 6) Coordination of power and telecommunications — Low Frequency Induction (LFI) — Application guide to the LFI code.\n\nHB 103‑1997 (CJC 7) Coordination of power and telecommunications — Crossings Code: The arrangement of overhead power and telecommunications lines, pole stay wires, and suspension wires.\n\n[Division 5 inserted: SL 2021/218 r. 11.]\n\nSchedule 2 — Standards and codes containing obligatory provisions\n\n[r. 17]\n\n[Heading inserted: SL 2021/218 r. 11.]\n\nDivision 1 — General\n\n[Heading inserted: SL 2021/218 r. 11.]\n\nAS 1882‑2002 Earth and bonding clamps.\n\nAS 2067:2016 Substations and high voltage installations exceeding 1 kV a.c.\n\nAS 3011.1:2019 Electrical installations — Secondary batteries installed in buildings — Part 1: Vented cells.\n\nAS 3011.2:2019 Electrical installations — Secondary batteries installed in buildings — Part 2: Sealed cells.\n\nAS 3851‑1991 The calculation of short circuit currents in three‑phase a.c. systems.\n\nAS/NZS 3863:2002 Galvanised mild steel wire for armouring cables.\n\nAS 4741‑2010 Testing of connections to low voltage electricity networks.\n\nAS/NZS 4836:2011 Safe working on or near low-voltage electrical installations and equipment.\n\nAS 60529‑2004 Degrees of protection provided by enclosures (IP Code).\n\nENA DOC 003‑2021 (NENS 03) National guidelines for safe access to electrical and mechanical apparatus.\n\nENA Doc 025‑2010 EG‑0 Power system earthing guide — Part 1: Management principles, version 1.\n\nENA Doc 042‑2018 National guidelines for manual reclosing of high voltage electrical apparatus following a fault operation (Manual Reclose Guidelines).\n\nENA Doc 044‑2020 Guideline for energised low voltage work.\n\nENA NENS 04‑2006 National guidelines for safe approach distances to electrical and mechanical apparatus.\n\nENA NENS 08‑2006 National guidelines for aerial surveillance of overhead electricity networks.\n\nENA NENS 09‑2014 National guideline for the selection, use and maintenance of personal protection equipment for electrical arc hazards.\n\nIEC 61914:2015 Cable cleats for electrical installations.\n\n[Division 1 inserted: SL 2021/218 r. 11.]\n\nDivision 2 — Overhead lines\n\n[Heading inserted: SL 2021/218 r. 11.]\n\nAS 1222.1‑1992 Steel conductors and stays — Bare overhead — Part 1: Galvanised (SC/GZ).\n\nAS 1222.2‑1992 Steel conductors and stays — Bare overhead — Part 2: Aluminium clad (SC/AC).\n\nAS 1531‑1991 Conductors — Bare overhead — Aluminium and aluminium alloy.\n\nAS 1720.1‑2010 Timber structures — Part 1: Design methods.\n\nAS 1720.2‑2006 Timber structures — Part 2: Timber properties.\n\nAS 1746‑1991 Conductors — Bare overhead — Hard drawn copper.\n\nAS/NZS 2878:2000 Timber — Classification into strength groups.\n\nAS 3600:2018 Concrete structures.\n\nAS 3607:1989 Conductors — Bare overhead, aluminium and aluminium alloy — Steel reinforced.\n\nAS 3818.11‑2009 Timber — Heavy structural products — Visually graded — Part 11: Utility poles.\n\nAS 4100:2020 Steel structures.\n\nAS 5804.1‑2010 High-voltage live working — Part 1: General.\n\nAS 5804.2‑2010 High-voltage live working — Part 2: Glove and barrier work.\n\nAS 5804.3‑2010 High-voltage live working — Part 3: Stick work.\n\nAS 5804.4‑2010 High-voltage live working — Part 4: Barehand work.\n\nAS 6947‑2009 Crossing of waterways by electricity infrastructure.\n\nAS/NZS 7000:2016 Overhead line design.\n\n[Division 2 inserted: SL 2021/218 r. 11.]\n\nDivision 3 — Underground cables\n\n[Heading inserted: SL 2021/218 r. 11.]\n\nAS/NZS 1026:2004 Electric cables — Impregnated paper insulated — For working voltages up to and including 19/33 (36) kV.\n\nAS/NZS 1125:2001 Conductors in insulated electric cables and flexible cords.\n\nAS/NZS 1429.1:2006 Electric cables — Polymeric insulated — Part 1: For working voltages 1.9/3.3 (3.6) kV up to and including 19/33 (36) kV.\n\nAS/NZS 1429.2:2009 Electric cables — Polymeric insulated — Part 2: For working voltages above 19/33 (36) kV up to and including 87/150 (170) kV.\n\nAS/NZS 3008.1.1:2017 Electrical installations — Selection of cables — Part 1.1: Cables for alternating voltages up to and including 0.6/1 kV — Typical Australian installation conditions.\n\n[Division 3 inserted: SL 2021/218 r. 11.]\n\nDivision 4 — Switchgear and protection\n\n[Heading inserted: SL 2021/218 r. 11.]\n\nAS 1033.1‑1990 High voltage fuses (for rated voltages exceeding 1000 V) — Part 1: Expulsion type.\n\nAS 1033.2‑1988 High voltage fuses (for rated voltages exceeding 1000 V) — Part 2: Current‑limiting (powder‑filled) type.\n\nAS 1307.2‑1996 Surge arresters — Part 2: Metal-oxide surge arresters without gaps for a.c. systems.\n\nAS/NZS 60137:2020 Insulated bushings for alternating voltages above 1000 V (IEC 60137:2017 (ED.7.0) MOD).\n\nAS/NZS 60265.1:2001 High-voltage switches — Part 1: Switches for rated voltages above 1 kV and less than 52 kV (IEC 60265‑1:1998, MOD).\n\nAS 60296:2017 Fluids for electrotechnical applications — Unused mineral insulating oil for transformers and switchgear (IEC 60296:2012, MOD).\n\nAS/NZS IEC 60947.1:2015 Low‑voltage switchgear and controlgear — Part 1: General rules.\n\nAS/NZS 61439.1:2016 Low‑voltage switchgear and controlgear assemblies — Part 1: General rules.\n\nAS/NZS 61439.2:2016 Low‑voltage switchgear and controlgear assemblies — Part 2: Power switchgear and controlgear assemblies.\n\nAS/NZS 61439.3:2016 Low‑voltage switchgear and controlgear assemblies — Part 3: Distribution boards intended to be operated by ordinary person (DBO).\n\nAS/NZS 61439.4:2016 Low‑voltage switchgear and controlgear assemblies — Part 4: Particular requirements for assemblies for construction sites (ACS).\n\nAS/NZS IEC 61439.5:2016 Low‑voltage switchgear and controlgear assemblies — Part 5: Assemblies for power distribution in public networks.\n\nAS 61869.1:2021 Instrument transformers — Part 1: General requirements (IEC 61869‑1:2007 (ED.1.0) MOD).\n\nAS 61869.2:2021 Instrument transformers — Part 2: Additional requirements for current transformers (IEC 61869‑2:2012 (ED 1.0) MOD).\n\nAS 61869.3:2021 Instrument transformers — Part 3: Additional requirements for inductive voltage transformers (IEC 61869‑3:2011 (ED.1.0) MOD).\n\nAS 61869.4:2021 Instrument transformers — Part 4: Additional requirements for combined transformers (IEC 61869‑4:2013 (ED.1.0) MOD).\n\nAS 61869.5:2021 Instrument transformers — Part 5: Additional requirements for capacity voltage transformers (IEC 61869‑5:2011 (ED 1.0) MOD).\n\nAS 62271.100:2019 High‑voltage switchgear and controlgear — Part 100: High‑voltage alternating‑current circuit‑breakers (IEC 62271‑100:2008+AMD1:2012+AMD2:2017 CSV (ED.2.2)/COR 1:2018, MOD).\n\nAS 62271.102:2019 High‑voltage switchgear and controlgear — Part 102: Alternating current disconnectors and earthing switches (IEC 62271‑102:2018, MOD).\n\nAS IEC 62271.105:2015 High‑voltage switchgear and controlgear — Part 105: Alternating current switch‑fuse combinations for rated voltages above 1 kV up to and including 52 kV.\n\nAS 62271.110:2019 High‑voltage switchgear and controlgear — Part 110: Inductive load switching (IEC 62271‑110:2017 (ED 4.0)/COR 1:2017/COR 2:2018, MOD).\n\nAS 62271.200:2019 High‑voltage switchgear and controlgear — Part 200: A.C. metal enclosed switchgear and controlgear for rated voltages above 1 kV and up to and including 52 kV (IEC 62271‑200:2011/COR 1:2015, MOD).\n\nAS 62271.201:2019 High‑voltage switchgear and controlgear — Part 201: A.C. insulation enclosed switchgear and controlgear for rated voltages above 1 kV and up to and including 52 kV (IEC 62271‑201:2014, MOD).\n\nAS 62271.202:2019 High‑voltage switchgear and controlgear — Part 202: High-voltage/low-voltage prefabricated substation (IEC 62271‑202:2014, MOD).\n\nAS 62271.203‑2012 High‑voltage switchgear and controlgear — Part 203: Gas‑insulated metal‑enclosed switchgear for rated voltages above 52 kV.\n\nAS IEC 62271.4:2015 High‑voltage switchgear and controlgear — Part 4: Handling procedures for sulphur hexafluoride (SF6) and its mixtures.\n\n[Division 4 inserted: SL 2021/218 r. 11.]\n\n![]()\n\nNotes\n\nThis is a compilation of the *Electricity (Network Safety) Regulations 2015* and includes amendments made by other written laws. For provisions that have come into operation see the compilation table.\n\nCompilation table\n\n| **Citation** | **Published** | **Commencement** |\n| --- | --- | --- |\n| *Electricity (Network Safety) Regulations 2015* | 5 Aug 2015 p. 3141‑96 | r. 1 and 2: 5 Aug 2015 (see r. 2(a));   Regulations other than r. 1 and 2: 6 Aug 2015 (see r. 2(b)) |\n| *Electricity (Network Safety) Amendment Regulations 2017* | 1 Aug 2017 p. 4110‑12 | r. 1 and 2: 1 Aug 2017 (see r. 2(a));   Regulations other than r. 1 and 2: 1 Nov 2017 (see r. 2(b)) |\n| *Electricity Amendment Regulations 2018* Pt. 4 | 2 Oct 2018 p. 3784-94 | 1 Jan 2019 (see r. 2(b)) |\n| *Electricity (Network Safety) Amendment Regulations 2021* | SL 2021/218 17 Dec 2021 | r. 1 and 2: 17 Dec 2021 (see r. 2(a));   Regulations other than r. 1 and 2: 18 Dec 2021 (see r. 2(b)) |\n\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nadequate 3(1)\n\napplicable standard 28\n\nAS 3(1)\n\nAS 2067 28\n\nAS 5577 3(1)\n\nAS/NZS 3(1)\n\nAS/NZS 3000 28\n\nAS/NZS 7000 28\n\nCEO 3(1)\n\ncommencement day 45\n\nconductor 28\n\ncontact 22\n\ncontact details 41(1)\n\ncontractor 3(1)\n\ndistribution licence 3(1)\n\nelectricity inspector 3(1)\n\nemployee 3(1)\n\nENA 3(1)\n\nevidentiary provision 17(1)\n\ngood industry practice 3(1)\n\nHB 3(1)\n\nIEC 3(1)\n\nimplementation day, for a network operator, 3(1)\n\nintegrated regional licence 3(1)\n\ninvestigate 9(1)\n\nnetwork 3(1)\n\nnetwork operator 3(1)\n\nnetwork safety performance incident 28, 30(1)\n\nnotifiable incident 22\n\nobligatory provision 17(1)\n\npole 3(1)\n\nprescribed activity 3(1)\n\nprior network operator 12(1)\n\nprotective device 22\n\nquarter 3(1)\n\nreasonably practicable 3(1)\n\nrepealed regulations 45\n\nrisk to safety 9(1)\n\nsafety 3(1)\n\nsafety management system 3(1)\n\nstand-alone power system 3(1)\n\nstorage works 3(1)\n\nsubcontractor 3(1)\n\nthird party 22\n\ntransmission licence 3(1)\n\nunassisted failure 28\n\nworking day 3(1)\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was unavailable. The page has been taken down due to system upgrades on the Western Australian legislation website."},"complexity_factors":["No legislative text was retrievable — the source page returned a 404-style error message","Complexity cannot be meaningfully assessed without access to the actual provisions","Score of 1 reflects absence of content, not simplicity of the underlying law"],"plain_english_summary":"## Electricity (Network Safety) Regulations 2015 (WA)\n\n**The content of this legislation could not be retrieved.** The page hosting these Western Australian regulations is no longer available due to system upgrades on the official legislation website.\n\n### What we know:\n- This is a **Western Australian regulation** (subordinate legislation made under a parent Act) dealing with **electricity network safety**\n- Based on the title, it likely covers safety standards and obligations for electricity network infrastructure in WA\n- It was made in **2015**\n\n### What to do:\nTo find the actual text of these regulations, try:\n1. Visiting the [WA Legislation website](https://www.legislation.wa.gov.au) directly\n2. Searching for *Electricity (Network Safety) Regulations 2015* using the site's search function\n3. Contacting Parliamentary Counsel's Office via their helpdesk\n\n**A full analysis cannot be provided without access to the legislative text.**"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has expanded beyond basic electrical safety to encompass comprehensive safety governance. The original 2015 version established the framework, but amendments in 2017, 2018, and particularly 2021 significantly expanded the scope by: (1) Adding stand-alone power systems and storage works to the definition of 'network' (reflecting renewable energy transition); (2) Inserting detailed schedules of technical standards (Schedules 1 and 2) that incorporate dozens of external documents by reference; (3) Adding specific duties regarding battery installations (AS 2676 references); (4) Expanding vegetation control and aviation safety requirements; and (5) Creating detailed performance reporting metrics for network safety incidents. The 2021 amendments also inserted Regulation 5A, creating a standalone duty to ensure network safety separate from activity management, indicating a shift toward asset integrity regulation rather than just operational safety."},"complexity_factors":["Dual regulatory pathways: Division 2 (safety management systems for major operators) vs Division 3 (compliance with specific standards for smaller operators) create parallel but distinct compliance regimes","Extensive cross-referencing to external standards: Over 80 Australian Standards (AS), AS/NZS standards, IEC standards, and ENA documents are incorporated by reference across Schedules 1 and 2, with some standards updated via amendment regulations (e.g., SL 2021/218)","Nested definitions: Terms like 'network', 'prescribed activity', and 'persons for whom a network operator is responsible' have multi-layered definitions with exceptions and geographical limitations","Conditional commencement dates: Regulation 11 creates a complex timeline for when safety management system obligations begin, with nomination procedures, default 2-year periods, and Director-approved extensions","Multiple penalty tiers: Different penalty amounts apply to individuals vs body corporates across various regulations (e.g., $50,000 vs $250,000), with some regulations having no individual penalty specified","Evidence provisions: Regulations 16 and 20 create evidentiary presumptions that compliance with certain standards constitutes evidence of compliance with primary duties, creating conditional legal effects","Transitional arrangements: Part 6 and regulation 47 deal with incidents occurring under repealed regulations, creating temporal complexity","Joint venture defence provisions: Regulation 40 creates specific defences for joint venture participants where one company can rely on another's compliance"],"plain_english_summary":"This legislation sets out safety rules for electricity network operators in Western Australia. It requires them to keep their power lines, substations, and other infrastructure safe to protect workers and the public.\n\n**Who it affects:**\n- **Network operators** – companies that own or run electricity transmission and distribution networks (including major utilities like Western Power and Horizon Power, plus several mining companies with their own power networks)\n- **Contractors** – businesses hired to do construction or maintenance work on these networks\n- **Workers** – electricians, linesmen, and others doing hands-on work\n\n**What it does:**\n- **Safety duties:** Network operators must ensure their networks are designed, built, and maintained safely. They must manage risks, provide proper training, and keep safety records.\n- **Two-tier system:**\n  - *Larger operators* must have a formal \"safety management system\" (a documented set of safety procedures meeting Australian Standard AS 5577)\n  - *Smaller operators* must follow specific technical standards listed in the regulations\n- **Incident reporting:** Operators must notify the Director of Energy Safety about serious incidents (electric shocks, fires, equipment failures) and investigate them. They must preserve evidence and submit detailed reports.\n- **Performance reporting:** Major operators must publish annual safety targets and quarterly results showing how many incidents (fires, equipment failures, etc.) occurred.\n- **Reviews and appeals:** Decisions by the Director can be reviewed internally, by technical panels, or by the State Administrative Tribunal.\n\n**Why it matters:**\nThe rules aim to prevent deaths, injuries, and property damage from electricity network failures. It creates accountability through mandatory reporting and gives the regulator powers to investigate incidents and enforce compliance."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Compared with the likely original purpose of replacing the earlier 2001 regulations, this 2015 instrument (as subsequently amended) broadened and formalised the regulatory reach. Concretely it (a) creates an explicit statutory duty on network operators to ensure the safety of design, construction, operation and maintenance and to keep demonstrative records (reg 5A); (b) mandates a formal safety management system meeting AS 5577 for a specific class of network operators and imposes revision and compliance duties tied to that standard (regs 13–15); (c) establishes a separate standards‑based compliance route with detailed Schedules of \"obligatory\" and \"evidentiary\" technical provisions for operators not in the SMS group (regs 17–21; Schedules 1–2); (d) imposes enhanced incident notification, evidence preservation and reporting rules with statutory timelines and retention duties (regs 22–26); and (e) adds transparency duties (annual objectives and quarterly public outcomes) and publication powers for the Director (regs 31–33). These additions increase prescriptiveness, reporting and enforcement compared with a simpler supply‑standards approach and therefore extend the regulations' scope from technical construction/installation standards to an enterprise-level safety governance and public disclosure regime."},"complexity_factors":["Large number of defined terms in regulation 3 and the Defined terms list (~40+ key terms such as 'network', 'prescribed activity', 'reasonably practicable', 'safety management system').","Division of operators into different regulatory tracks (Division 2 mandatory SMS group vs Division 3 standards-based group) with separate obligations (regs 10–16; regs 17–21).","Cross-references to numerous external technical standards and codes (Schedules 1 and 2 list many AS, AS/NZS, ENA and IEC documents) and to other Acts (Electricity Act 1945, Electricity Industry Act 2004, Energy Coordination Act 1994).","Conditional timing and transitional logic (implementation day concept, nomination by operator, Director discretion to extend, and special transitional rules) (regs 11–12; Part 6 Div 3).","Multiple layers of compliance and evidentiary rules: SMS compliance as evidence of meeting duties, obligatory provisions and evidentiary provisions interplay (regs 16, 19–20).","A detailed incident management framework with notification, investigation, evidence preservation, destructive testing and statutory reporting timelines (regs 22–26, 24(1)).","Different penalty regimes and modified penalties via the Electricity Regulations (corporate vs individual fines, and specific modified penalty table) (regs 5A, 6–9; Part 6 Div 2 amendments).","Administrative discretion and decision-review architecture: Director approvals/revocations, publication powers, CEO convening technical review panels, and SAT involvement create multi-step review and appeal routes (regs 17, 33; Part 4).","Reporting and transparency obligations with fixed publication windows and non-amendment rules without Director approval (regs 31–32)."],"plain_english_summary":"**What this law does (short):**\n\n- Sets safety duties and reporting rules for electricity network operators, their contractors and workers.  It requires large network operators to have a documented safety management system that meets an Australian standard (AS 5577).  It creates duties to investigate and report incidents, preserve evidence and publish safety objectives and quarterly outcomes.  The Director (an administrative regulator) has powers to approve standards, grant timing extensions and publish commentary on operator performance.  (See regs 5A, 6–9, 13–16, 17, 22–27, 31–33, 41.)\n\n**Who is affected:**\n\n- Network operators (the defined list in regulation 4, which includes state network corporations and holders of transmission/distribution or integrated regional licences) (reg 4).\n- Contractors and subcontractors working on the network, and individuals carrying out \"prescribed activities\" such as construction, commissioning, operation, maintenance or decommissioning of network assets (regs 3(1), 5).\n- The Director, CEO and electricity inspectors who exercise regulatory powers under the regulations and related Acts (reg 3(1), Part 3 and Part 4).\n\n**Main duties and rules (what people must actually do):**\n\n- General network safety duty: network operators must ensure, so far as is reasonably practicable, that their networks are designed, constructed, operated and maintained safely; keep records to show compliance; and keep location records accessible for safety reasons (reg 5A).\n\n- Managing work on the network: network operators must ensure prescribed activities are carried out safely, develop and maintain work practices and training, and review practices (reg 6). Contractors and individuals performing prescribed activities have parallel duties (regs 7–8).  \"Reasonably practicable\" is defined and requires assessing likelihood, severity, knowledge, available controls and cost proportionality (reg 3(1)).\n\n- Mandatory safety management systems (SMS): certain network operators (listed in reg 4(1)(a)–(g)) must have an SMS that applies across their networks and complies with AS 5577; they must review and revise it as the standard changes and ensure activities conform to the SMS (regs 10–16).\n\n- Obligatory/evidentiary provisions for other operators: network operators not in the SMS group must comply with the \"obligatory provisions\" listed in Schedule 2 and may rely on \"evidentiary provisions\" listed in Schedule 1 (regs 17–21).  The Director may approve or revoke other standards or codes for evidentiary use (reg 17).\n\n- Incident notification, investigation and evidence: operators must notify the Director of suspected \"notifiable incidents\" as soon as possible, investigate them, preserve physical evidence (or notify the Director if evidence is to be destructively tested), and file a report within 30 working days (regs 22–26, 23(1)–(4), 24(1)–(2), 26).\n\n- Performance reporting and transparency: covered network operators must publish annual network safety performance objectives (by 30 November each year) and quarterly outcome statements (within 40 working days of quarter end) and keep those statements public for 4 years. The Director may publish and comment on those statements (regs 31–33).\n\n- Enforcement, penalties and review: the regulations create civil penalties and fines for breaches (amounts differ for individuals and corporations); the Director has decision-making discretion (approvals, extensions, publishing); decisions can be reviewed by the Director, the State Administrative Tribunal on questions of law, or by technical review panels for other disputes (Parts 4 and 5).\n\n**Why it matters (mechanics and trade-offs):**\n\n- Stated purpose: the instrument is framed to improve safety of electricity networks by requiring documented systems, training, incident reporting and public transparency (regs 5A, 13, 23, 31–33).\n\n- Who pays: compliance costs fall primarily on network operators and on contractors who must meet the operator's SMS or obligatory provisions (regs 15, 19–21). Those costs include drafting and maintaining an SMS (AS 5577 compliance) (regs 13–14), training and competency assessments (regs 6(2)(c), 21), record‑keeping and publishing obligations (regs 5A(4)–(5), 31–32), incident investigations and evidence preservation (regs 23–25), and possible administrative costs from Director decisions and reviews (Part 4).\n\n- Incentives and behaviour changes: operators are incentivised to invest in written safety systems, supervision and record-keeping to both reduce safety risk and to generate evidence of compliance (reg 16 makes compliance with an SMS or listed standards evidence of meeting duties). Contractors may need to adjust work practices or accept contractual requirements tied to the operator’s SMS (reg 15(3)).\n\n- Trade-offs and opportunity costs: implementing and auditing an SMS and ongoing reporting will divert management time and budget from other uses (capital works, operations). Smaller operators not in the AS 5577 group face a rules‑based compliance regime (Schedule 2 obligatory provisions) that may be less flexible but potentially less resource-intensive to adopt than a full SMS (regs 17–21).\n\n- Regulatory discretion and administrative burden: the Director has discretion to approve or revoke standards for evidentiary use, to extend implementation or revision timeframes, to publish opinions on operator performance, and to require evidence retention — creating administrative levers that affect timing and compliance options (regs 11(5), 14(3), 17(2)–(4), 33). That discretion reduces absolute predictability of cost and timing for operators.\n\n- Compliance risk and enforcement: the regulations combine high fines for corporate breaches (many at $250,000) with lower fines for individuals/contractors (often $50,000) and specific modified penalties in the Electricity Regulations (reg 5A, regs 6–9, regs 13–16, regs 23–26, Schedule in Div 2 of Part 6). Operators who fail to keep records, notify incidents or secure evidence face financial exposure and reputational disclosure (regs 5A(4)–(5), 23, 24, 31–33).\n\n- Effects on private choice, competition and contracts: operators will likely contractually require contractors and subcontractors to follow the operator’s SMS or the listed obligatory provisions (reg 15(3), reg 19). That shifts compliance costs down the contracting chain and may affect which contractors can compete for work (those able to meet training, insurance and documentation requirements). The rules do not directly change ownership or licensing rights but add compliance obligations that influence operating costs.\n\n**Implementation risks and points to watch (concrete):**\n\n- Reliance on external standards: many obligations reference technical Australian/International Standards and ENA documents (Schedules 1 and 2). When those documents are amended, operators must update systems (reg 14(2)).\n\n- Director discretion: approvals and extensions by the Director create timing and evidentiary uncertainty (regs 11(5), 14(3), 17(2)–(4)).\n\n- Evidence preservation and criminal risk: strict rules on not disturbing sites and retaining evidence (regs 23–26) may complicate restoration work after incidents and can require rapid legal and operational coordination.\n\nOverall, the Regulations impose a structured safety regime: mandatory SMS for major operators, a standards‑based regime for others, explicit duties on contractors and individuals, incident notification and evidence retention obligations, transparency via published objectives and quarterly reporting, and enforcement powers with fines. The net effect is higher compliance, reporting and recordkeeping obligations for network participants and expanded regulatory oversight (see regs cited above)."}},"importantCases":[],"_links":{"self":"/api/acts/electricity-network-safety-regulations-2015","history":"/api/acts/electricity-network-safety-regulations-2015/history","analysis":"/api/acts/electricity-network-safety-regulations-2015/analysis","conflicts":"/api/acts/electricity-network-safety-regulations-2015/conflicts","importantCases":"/api/acts/electricity-network-safety-regulations-2015/important-cases","documents":"/api/acts/electricity-network-safety-regulations-2015/documents"}}