{"id":"nsw:sl-2022-0524","name":"Independent Pricing and Regulatory Tribunal Regulation 2022","slug":"independent-pricing-and-regulatory-tribunal-regulation-2022","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"524 of 2022","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176147,"registerId":"nsw-nsw:sl-2022-0524-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulation","content":"#### 1 Name of Regulation\n\n1 Name of Regulation\n\n> This Regulation is the [Independent Pricing and Regulatory Tribunal Regulation 2022](/view/html/inforce/current/sl-2022-0524).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Regulation commences on the day on which it is published on the NSW legislation website.\n> \n> Note—\n> \n> This Regulation repeals and replaces the [Independent Pricing and Regulatory Tribunal Regulation 2017](/view/html/repealed/current/sl-2017-0402), which would otherwise be repealed on 1 September 2022 by the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146), section 10(2).","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> In this Regulation—\n> \n> dispute means a dispute referred to in the Act, section 24A.\n> \n> the Act means the [Independent Pricing and Regulatory Tribunal Act 1992](/view/html/inforce/current/act-1992-039).\n> \n> Note—\n> \n> The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this Regulation.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Object of Regulation","content":"#### 4 Object of Regulation\n\n4 Object of Regulation\n\n> The object of this Regulation is to modify, for the Act, section 24A, the application of the [Commercial Arbitration Act 2010](/view/html/inforce/current/act-2010-061) to the arbitration of a dispute.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Legal representation","content":"#### 5 Legal representation\n\n5 Legal representation\n\n> > (1) A party to a dispute may be represented by an Australian legal practitioner in proceedings before an arbitrator only if leave is granted by the arbitrator.\n> \n> > (2) An arbitrator may grant leave only if, in the arbitrator’s opinion—\n> > \n> > > (a) representation of the party by an Australian legal practitioner—\n> > > \n> > > > (i) is likely to shorten the hearing of the dispute, or\n> > > \n> > > > (ii) is likely to reduce the costs of the dispute, or\n> > > \n> > > > (iii) will assist the arbitrator in the conduct of the arbitration, or\n> > \n> > > (b) the party will be unfairly disadvantaged if the party is not represented by an Australian legal practitioner.\n> \n> > (3) This section has effect instead of the [Commercial Arbitration Act 2010](/view/html/inforce/current/act-2010-061), section 24A.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Private hearing of disputes","content":"#### 6 Private hearing of disputes\n\n6 Private hearing of disputes\n\n> Despite the [Commercial Arbitration Act 2010](/view/html/inforce/current/act-2010-061), sections 27E–27I, a dispute must be heard in private unless the arbitrator otherwise directs.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Costs of arbitration","content":"#### 7 Costs of arbitration\n\n7 Costs of arbitration\n\n> > (1) For the purposes of the [Commercial Arbitration Act 2010](/view/html/inforce/current/act-2010-061), section 33B, the fees and expenses of the arbitrator or arbitrators are taken to include all costs in relation to the arbitration of a dispute incurred by—\n> > \n> > > (a) the arbitrator or arbitrators, and\n> > \n> > > (b) the Tribunal.\n> \n> > (2) For subsection (1), costs include the following—\n> > \n> > > (a) administrative costs,\n> > \n> > > (b) costs of engaging consultants and expert witnesses,\n> > \n> > > (c) witnesses’ expenses.\n> \n> > (3) Subsections (1) and (2) do not limit the fees or expenses of the arbitrator or arbitrators.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Appeals against awards","content":"#### 8 Appeals against awards\n\n8 Appeals against awards\n\n> > (1) A party to a dispute may, with the leave of the Supreme Court, appeal to the Supreme Court on a question of law arising out of an award.\n> \n> > (2) Subsection (1) has effect instead of the [Commercial Arbitration Act 2010](/view/html/inforce/current/act-2010-061), section 34A(1) and (2).","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Repeal and savings","content":"#### 9 Repeal and savings\n\n9 Repeal and savings\n\n> > (1) The [Independent Pricing and Regulatory Tribunal Regulation 2017](/view/html/repealed/current/sl-2017-0402) is repealed.\n> \n> > (2) An act, matter or thing that, immediately before the repeal of the [Independent Pricing and Regulatory Tribunal Regulation 2017](/view/html/repealed/current/sl-2017-0402), had effect under that Regulation continues to have effect under this Regulation.","sortOrder":8}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulation maintains its original narrow purpose: modifying the application of the Commercial Arbitration Act 2010 specifically for IPART disputes under section 24A of the parent Act. The 2022 version appears to be a straightforward re-enactment (replacing the 2017 version before automatic repeal) with no expansion of subject matter."},"complexity_factors":["Short document (9 sections, approximately 2 pages)","Only 2 defined terms ('dispute' and 'the Act')","Simple conditional logic (section 5(2) lists 4 alternative grounds for legal representation)","Clear 'has effect instead of' replacement provisions (sections 5(3) and 8(2)) rather than complex amendments","Minimal cross-referencing (primarily to the Commercial Arbitration Act 2010 and the parent Act)","Straightforward savings provision (section 9) with no transitional complications"],"plain_english_summary":"This regulation sets special rules for how disputes involving the Independent Pricing and Regulatory Tribunal (IPART) are handled when they go to arbitration (a private dispute resolution process where an independent person makes a binding decision).\n\n**What it does:**\n- **Restricts lawyers**: Parties can only use lawyers (Australian legal practitioners) in arbitration if the arbitrator gives permission. Permission is only granted if the lawyer will speed things up, cut costs, help the arbitrator, or if the party would be unfairly disadvantaged without one.\n- **Keeps hearings private**: Disputes must be heard in private unless the arbitrator decides otherwise.\n- **Defines costs**: Clarifies that arbitration costs include the Tribunal's administrative costs, consultant fees, expert witnesses, and witness expenses—not just the arbitrator's fees.\n- **Limits appeals**: Parties can only appeal to the Supreme Court on a question of law (a legal error) and only with the Court's permission.\n\n**Who it affects:**\n- Anyone in a dispute with IPART that goes to arbitration under the Independent Pricing and Regulatory Tribunal Act 1992.\n- The arbitrators handling these disputes.\n\n**Why it matters:**\nThis regulation modifies the normal Commercial Arbitration Act rules to create a more controlled, cost-conscious process for IPART disputes. It aims to keep arbitration efficient and prevent it from becoming as expensive and formal as court litigation."},"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"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Insufficient content is available in the provided document to assess whether the regulation's scope changed from its original intent. Only administrative and status metadata is present — no substantive provisions, explanatory notes, or amendment history are visible to make this determination."},"complexity_factors":["Only metadata and status information is present in the provided text — no substantive provisions are visible for analysis","The regulation operates within a layered legislative framework (parent Act + subordinate legislation regime), which adds minor structural complexity","Automatic repeal mechanism under the Subordinate Legislation Act 1989 requires understanding of NSW's staged repeal system","IPART's regulatory scope (water, transport, energy pricing) can itself be complex, but this document does not reveal the regulation's specific rules"],"plain_english_summary":"This regulation supports the Independent Pricing and Regulatory Tribunal (IPART) in NSW, setting out administrative/metadata details rather than substantive rules. It commenced 31 Aug 2022 and is scheduled for automatic repeal on 1 Sept 2027, operating under the Independent Pricing and Regulatory Tribunal Act and the Subordinate Legislation Act 1989.\n\nIt likely affects households, businesses and service providers who use regulated essential services, but its direct impact can’t be assessed from the available text."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Regulation repeals the 2017 instrument but includes a savings clause preserving existing acts/effects (s9(2)). Its stated object is to modify how the Commercial Arbitration Act applies to arbitration of disputes under the IPART Act (s4). The text alters procedural rules (representation, privacy, cost recovery, appeals) rather than changing the Tribunal’s subject‑matter jurisdiction over disputes."},"complexity_factors":["Modifies interaction between the Independent Pricing and Regulatory Tribunal Act and the Commercial Arbitration Act (object stated in s4), requiring cross‑statute interpretation.","Entrusts significant discretion to arbitrators (leave for legal representation in s5; ability to direct public/private hearings in s6), increasing fact‑sensitive decision‑making.","Broadens recoverable arbitration costs to expressly include Tribunal administrative costs, consultants and witnesses (s7), which can complicate cost awards and billing allocation.","Limits judicial review/appeals by requiring Supreme Court leave for appeals on questions of law (s8), changing ordinary appellate access under the Commercial Arbitration Act.","Repeal and savings provision (s9) preserves continuity from the 2017 regulation while replacing the textual regime, requiring comparison to prior instrument for transitional effects.","Short, targeted instrument with concentrated procedural changes—simple in length but requiring legal interpretation of how each modification operates in arbitration practice (see definitions at s3)."],"plain_english_summary":"This Regulation changes how IPART arbitrates disputes: arbitrators must permit legal counsel before a party may be represented; hearings are private unless the arbitrator directs otherwise; arbitration costs can include Tribunal administrative, consultant and witness expenses; appeals to the Supreme Court require leave. Parties may be ordered to pay arbitrator and Tribunal costs. The arbitrator controls representation and publicity; the Supreme Court controls appellate leave. The 2017 Regulation is repealed."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/independent-pricing-and-regulatory-tribunal-regulation-2022","history":"/api/acts/independent-pricing-and-regulatory-tribunal-regulation-2022/history","analysis":"/api/acts/independent-pricing-and-regulatory-tribunal-regulation-2022/analysis","conflicts":"/api/acts/independent-pricing-and-regulatory-tribunal-regulation-2022/conflicts","importantCases":"/api/acts/independent-pricing-and-regulatory-tribunal-regulation-2022/important-cases","documents":"/api/acts/independent-pricing-and-regulatory-tribunal-regulation-2022/documents"}}