Electricity (Network Safety) Regulations 2015 (Western Australia)

The Electricity (Network Safety) Regulations 2015 sets mandatory safety duties, reporting obligations and compliance mechanisms for persons who operate, construct, maintain or otherwise work on electricity networks in Western Australia. The instrument identifies who counts as a network operator (regulation 4), defines the network and prescribed activities (regulation 3), and allocates responsibilities between network operators, contractors and individuals (regulation 5). It imposes overarching duties to ensure network safety (regulation 5A) and to ensure prescribed activities are carried out safely (regulations 6, 7 and 8), using the statutory standard “so far as is reasonably practicable” (regulation 3(1)). The regulations split regulated operators into two cohorts. Certain named and licenced operators (regulation 10, which cross‑refers to regulation 4) must have and operate a safety management system compliant with AS 5577 (regulations 11-16). Network operators not subject to the AS 5577 requirement must instead comply with specified obligatory provisions in Schedule 2 and may rely on evidentiary provisions in Schedule 1 with Director approval (regulations 17-21).

The instrument also creates a notifiable incident regime (regulations 22-27) requiring immediate notification to the Director and a formal investigation and written report within 30 working days unless the Director allows an extension (regulation 23(1), (2) and regulation 24). The regulations impose preservation duties for physical evidence (regulation 23(3) and regulation 25) and permit destructive testing only if the Director does not prohibit it within five working days after notification (regulation 26). For larger network operators the regulations impose forward safety objectives and quarterly public reporting requirements: an annual statement of network safety performance objectives (regulation 31) and quarterly outcomes (regulation 32), both to be published on the operator’s website and provided to the Director.

CrestWestern Australia

Electricity Act 1945

Electricity (Network Safety) Regulations 2015

Western Australia

Electricity (Network Safety) Regulations 2015

Contents

Part 1 — Preliminary

Citation 1
Commencement 1
Terms used 1
Network operators 6
Persons for whom a network operator or contractor is responsible 8

Part 2 — Network safety

Division 1 — General safety requirements

5A. Duty of network operator to ensure safety of network 9

Duty of network operator to manage prescribed activities 10
Duty of contractor to manage prescribed activities 11
Duty of persons carrying out prescribed activities 12
Duties relating to certain risks to safety 12

Division 2 — Certain network operators required to have safety management systems

Network operators to whom this Division applies 14
When this Division commences to apply to a network operator 14
Transfer of operation of network 15
Requirement to have safety management system 16
Requirement to revise safety management system 16
Requirement to comply with safety management system 17
Compliance with safety management system evidence of compliance with regulation 5A, 6 or 7 18

Division 3 — Requirements if network operator not required to have safety management system

Terms used and approval of certain standards and codes by Director 18
Network operators to whom this Division applies 19
Requirement to comply with obligatory provisions 19
Compliance with obligatory and evidentiary provisions evidence of compliance with regulation 6 or 7 20
Requirement to provide information and training 20

Part 3 — Notification, investigation and reporting

Division 1 — Notifiable incidents

Terms used 22
Notification and investigation of suspected notifiable incidents 24
Reporting of notifiable incidents 25
Requirement not to disturb site of notifiable incident or physical evidence 26
Destructive testing of physical evidence 27
Statistical reporting 28

Division 2 — Reporting on network safety performance

Terms used 28
Network operators to whom this Division applies 29
Network safety performance incidents 30
Network operator to publish annual objectives 31
Network operator to publish quarterly outcomes 32
Director may publish and comment on objectives and outcomes 33

Part 4 — Review of decisions

Decisions to which this Part applies 35
Application for review 35
Review of determinations of Director under regulation 35 36
Technical review panels: convening, remuneration and support 38
Technical review panels: procedure on review 38
Technical review panels: costs 39

Part 5 — Miscellaneous

Defence for certain network operators 40
Contact details of network operators 40

Part 6 — Repeal, consequential amendments and transitional provisions

Division 1 — Repeal

Electricity (Supply Standards and System Safety) Regulations 2001 repealed 43

Division 2 — Consequential amendments

Electricity (Licensing) Regulations 1991 amended 43
Electricity Regulations 1947 amended 43

Division 3 — Transitional provisions

Terms used 45
Standards and codes 46
Notifiable incidents that occurred before commencement day 46

Schedule 1 — Standards and codes containing evidentiary provisions

Division 1 — General

Division 2 — Overhead lines

Division 3 — Switchyards, substations and power stations

Division 4 — Underground cables

Division 5 — Power coordination

Schedule 2 — Standards and codes containing obligatory provisions

Division 1 — General

Division 2 — Overhead lines

Division 3 — Underground cables

Division 4 — Switchgear and protection

Notes

Compilation table 55

Defined terms

Electricity Act 1945

Electricity (Network Safety) Regulations 2015

Part 1 — Preliminary

1. Citation

	These regulations are the *Electricity (Network Safety) Regulations 2015*.

2. Commencement

These regulations come into operation as follows —

(a) regulations 1 and 2 — on the day on which these regulations are published in the Gazette;

(b) the rest of the regulations — on the day after that day.

3. Terms used

(1) In these regulations, unless the contrary intention appears —

adequate has a meaning affected by subregulation (5);

AS 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;

AS 5577 means AS 5577‑2013 Electricity network safety management systems;

AS/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;

CEO means the chief executive officer of the department of the Public Service principally assisting in the administration of the Act;

contractor means —

(a) a person engaged under a contract for services to carry out prescribed activities on a network; or

(b) a subcontractor of a person described in paragraph (a);

distribution licence has the meaning given in the Electricity Industry Act 2004 section 3;

electricity 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;

employee means a person employed under a contract of service;

ENA 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;

good 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;

HB 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;

IEC 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;

implementation day, for a network operator, has the meaning given in regulation 11(4);

integrated regional licence has the meaning given in the Electricity Industry Act 2004 section 3;

network means —

(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

(b) distribution works operated by a network operator, including —

(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

(ia) storage works connected to the distribution works, other than storage works that are not part of the distribution works; and

(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

(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;

and

(ba) stand‑alone power systems operated by a network operator; and

(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;

network operator means a person who is a network operator under regulation 4;

pole means a support structure for overhead conductors of a network;

prescribed activity means an activity carried out in the course of the construction, commissioning, operation, maintenance or decommissioning of a network;

quarter means a period of 3 months beginning on 1 January, 1 April, 1 July or 1 October in any year;

reasonably 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 —

(a) the likelihood of the hazard or the risk concerned occurring; and

(b) the degree of harm that might result from the hazard or the risk; and

(i) the hazard or the risk; and

(ii) ways of eliminating or minimising the hazard or the risk;

and

(d) the availability and suitability of ways to eliminate or minimise the hazard or the risk; and

(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;

safety means the safety of persons (including persons for whom a network operator or contractor is responsible), consumers and the public;

safety management system means a safety management system that a network operator has in compliance with regulation 13;

stand‑alone power system has the meaning given in the Electricity Industry Act 2004 section 3(1);

storage works has the meaning given in the Electricity Industry Act 2004 section 3(1);

subcontractor, of a contractor, means a person engaged under a contract for services by the contractor to carry out prescribed activities on a network;

transmission licence has the meaning given in the Electricity Industry Act 2004 section 3;

working day means a day that is not a Saturday, Sunday or a public holiday throughout the State.

(2) For the purposes of these regulations, a reference to the network, in relation to a network operator, is a reference to —

(a) if the network operator operates one network — that network; or

(b) if the network operator operates 2 or more networks — any of those networks.

(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.

(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.

(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.

[Regulation 3 amended: Gazette 1 Aug 2017 p. 4110; SL 2021/218 r. 4.]

4. Network operators

(1) The following persons are network operators —

(a) the Electricity Networks Corporation established by the Electricity Corporations Act 2005 section 4(1)(b);

(b) the Regional Power Corporation established by the Electricity Corporations Act 2005 section 4(1)(d);

(c) Pilbara Iron Pty Ltd (ACN 107 216 535), or any successor to that company, operating transmission or distribution works under —

(i) the Agreement as defined in the Iron Ore (Hamersley Range) Agreement Act 1963 section 2; or

(ii) the Agreement as defined in the Iron Ore (Robe River) Agreement Act 1964 section 2;

(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;

(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;

(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;

(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;

(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 —

(i) a transmission licence; or

(ii) a distribution licence; or

(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.

(2) For the purposes of subregulation (1)(e), the Robe River Joint Venture participants are —

(a) Mitsui Iron Ore Development Pty Ltd (ACN 008 734 361);

(b) Nippon Steel Raw Materials Australia Pty Ltd (ACN 001 444 604);

(d) North Mining Limited (ACN 000 081 434);

(e) Robe River Mining Co. Pty. Ltd. (ACN 008 694 246).

(3) For the purposes of subregulation (1)(g), the Newman Joint Venture participants are —

(a) BHP Minerals Pty Ltd (ACN 008 694 782);

(b) Mitsui‑Itochu Iron Pty Ltd (ACN 008 702 761);

[Regulation 4 amended: Gazette 1 Aug 2017 p. 4110; SL 2021/218 r. 5.]

5. Persons for whom a network operator or contractor is responsible

(1) For the purposes of these regulations, the persons for whom a network operator is responsible are —

(a) each employee of the network operator;

(b) each contractor of the network operator;

(d) any other person instructed or authorised by the network operator to carry out prescribed activities on the network.

(2) For the purposes of these regulations, the persons for whom a contractor is responsible are —

(a) each employee of the contractor;

(b) each subcontractor of the contractor;

Part 2 — Network safety

Division 1 — General safety requirements

5A. Duty of network operator to ensure safety of network

(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.

Penalty for this subregulation: a fine of $250 000.

(2) A network operator contravenes subregulation (1) if the network operator fails to —

(a) develop, implement and maintain adequate —

(i) design standards and construction procedures for the network; or

(ii) plans and procedures for the inspection, testing, maintenance and replacement of the network or parts of it; or

(iii) operating standards and procedures for the operation of the network;

(b) regularly review the design, engineering and operation of the network for safety and effectiveness, in accordance with good industry practice.

(3) Subregulation (2) does not limit the generality of subregulation (1).

(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).

Penalty for this subregulation: a fine of $250 000.

(5) A network operator must —

(a) maintain adequate records of the location of the network; and

(b) make those records available on request to a person who, for reasons of safety, requires access to the records.

Penalty for this subregulation: a fine of $250 000.

[Regulation 5A inserted: SL 2021/218 r. 6.]

6. Duty of network operator to manage prescribed activities

(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.

Penalty for this subregulation: a fine of $250 000.

(2) A network operator contravenes subregulation (1) if the network operator fails to —

(a) develop, implement and maintain adequate work practices relating to prescribed activities; or

[(b) deleted]

(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

(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

(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

(f) regularly review the work practices applicable to prescribed activities carried out on the network for safety and effectiveness.

(3) Subregulation (2) does not limit the generality of subregulation (1).

(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).

Penalty for this subregulation: a fine of $250 000.

[Regulation 6 amended: SL 2021/218 r. 7 and 12.]

7. Duty of contractor to manage prescribed activities

(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.

Penalty for this subregulation:

(a) for an individual, a fine of $50 000;

(b) for a body corporate, a fine of $250 000.

(2) A contractor contravenes subregulation (1) if the contractor fails to —

(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

(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

(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.

(3) Subregulation (2) does not limit the generality of subregulation (1).

[Regulation 7 amended: SL 2021/218 r. 8 and 12.]

8. Duty of persons carrying out prescribed activities

(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.

Penalty for this subregulation: a fine of $50 000.

(2) An individual contravenes subregulation (1) if the individual, in carrying out the prescribed activity, fails to —

(a) comply with the design of the network; or

(b) comply with the work practices applicable to the prescribed activity.

(3) Subregulation (2) does not limit the generality of subregulation (1).

[Regulation 8 amended: SL 2021/218 r. 12.]

9. Duties relating to certain risks to safety

(1) In this regulation —

investigate includes to consider whether or not a work practice or safety management system contributed to a risk to safety;

risk to safety, in relation to a network, means —

(a) anything at a place where a prescribed activity is being carried out on a network that is a risk to safety; or

(b) the condition of any part of the network that is a risk to safety.

(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.

Penalty for this subregulation: a fine of $250 000.

(3) Subregulation (2) does not apply to a risk that is inherent.

(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.

Penalty for this subregulation:

(a) for an individual, a fine of $50 000;

(b) for a body corporate, a fine of $250 000.

(5) If an investigation reveals that there is a risk to safety, the network operator must ensure, so far as is reasonably practicable, that —

(a) the risk is minimised or eliminated, as soon as is reasonably practicable; and

(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.

Penalty for this subregulation: a fine of $250 000.

(6) The requirements imposed by this regulation are in addition to any requirements applying under an applicable safety management system.

[Regulation 9 amended: SL 2021/218 r. 12.]

Division 2 — Certain network operators required to have safety management systems

10. Network operators to whom this Division applies

This Division applies to and in relation to a network operator referred to in regulation 4(1)(a), (b), (c), (d), (e), (f) or (g).

11. When this Division commences to apply to a network operator

(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 —

(a) the day that the network operator nominates as the day on which the obligations commence to apply to the network operator; and

(b) the implementation day for the network operator.

(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.

(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.

(4) The implementation day for a network operator is —

(a) the last day of the 2 year period immediately following the day on which the network operator becomes a network operator; or

(b) if a later day is approved by the Director under subregulation (5) for the network operator — the day approved.

(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.

(6) An application for an approval under subregulation (5) must —

(a) be in writing; and

(b) nominate a day by which the network operator intends to have developed its safety management system; and

(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.

(8) This regulation has effect subject to regulation 12.

12. Transfer of operation of network

(1) Subregulation (2) applies to a person if —

(a) the operation of a network is transferred to the person; and

(b) the obligations in this Division did not apply to the person before the transfer; and

(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

(d) immediately before the transfer, the obligations in this Division applied to the network operator of the network (the prior network operator).

(2) If this subregulation applies to a person —

(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

(b) the obligations in this Division apply to and in relation to the person on and from —

(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

(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.

13. Requirement to have safety management system

(1) A network operator must have a safety management system that —

(a) applies to all networks of the network operator; and

(b) complies with AS 5577.

Penalty for this subregulation: a fine of $250 000.

(2) Subregulation (1)(b) is subject to regulation 14.

[Regulation 13 amended: SL 2021/218 r. 12.]

14. Requirement to revise safety management system

(1) A network operator must review and revise its safety management system in accordance with AS 5577.

Penalty for this subregulation: a fine of $250 000.

(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 —

(a) the time (if any) specified for that in the amendment; and

(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).

Penalty for this subregulation: a fine of $250 000.

(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.

(4) An application for an extension under subregulation (3) must —

(a) be in writing; and

(b) nominate a day by which the network operator intends to have revised its safety management system; and

(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.

[Regulation 14 amended: SL 2021/218 r. 12.]

15. Requirement to comply with safety management system

(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.

Penalty for this subregulation: a fine of $250 000.

(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.

Penalty for this subregulation: a fine of $250 000.

(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.

Penalty for this subregulation:

(a) for an individual, a fine of $50 000;

(b) for a body corporate, a fine of $250 000.

[Regulation 15 amended: SL 2021/218 r. 12.]

16. Compliance with safety management system evidence of compliance with regulation 5A, 6 or 7

(1) Compliance by a network operator with the network operator’s safety management system is evidence of compliance with regulations 5A and 6.

(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.

[Regulation 16 amended: SL 2021/218 r. 9.]

Division 3 — Requirements if network operator not required to have safety management system

17. Terms used and approval of certain standards and codes by Director

(1) In this Division —

evidentiary provision means a provision of —

(a) a standard or code published under a law of any jurisdiction in Australia; or

(b) a standard or code published by Standards Australia or Standards New Zealand or both; or

(d) a standard or code specified in Schedule 1;

obligatory provision means a provision of a standard or code specified in Schedule 2.

(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).

(3) A network operator may submit a standard or code to the Director for approval under subregulation (2).

(4) The Director may at any time revoke an approval under subregulation (2).

(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.

18. Network operators to whom this Division applies

This 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.

19. Requirement to comply with obligatory provisions

(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.

Penalty for this subregulation: a fine of $250 000.

(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.

Penalty for this subregulation:

(a) for an individual, a fine of $50 000;

(b) for a body corporate, a fine of $250 000.

[Regulation 19 amended: SL 2021/218 r. 12.]

20. Compliance with obligatory and evidentiary provisions evidence of compliance with regulation 6 or 7

(1) Compliance by a network operator with —

(a) an obligatory provision that applies to a prescribed activity; or

(b) an evidentiary provision that —

(i) applies to a prescribed activity; and

(ii) is not inconsistent with an obligatory provision that applies to the prescribed activity,

is evidence of compliance with regulation 6 in relation to that prescribed activity.

(2) Compliance by a contractor with —

(a) an obligatory provision that applies to a prescribed activity; or

(b) an evidentiary provision that —

(i) applies to a prescribed activity; and

(ii) is not inconsistent with an obligatory provision that applies to the prescribed activity,

is evidence of compliance with regulation 7 in relation to that prescribed activity.

21. Requirement to provide information and training

(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 —

(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

(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.

Penalty for this subregulation: a fine of $250 000.

(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 —

(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

(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.

Penalty for this subregulation:

(a) for an individual, a fine of $50 000;

(b) for a body corporate, a fine of $250 000.

[Regulation 21 amended: SL 2021/218 r. 12.]

Part 3 — Notification, investigation and reporting

Division 1 — Notifiable incidents

22. Terms used

In this Division —

contact, in the definition of notifiable incident, includes being close enough for a discharge of electricity to occur;

notifiable incident, in relation to a network, means an incident of any of the following types —

(a) the discharge of electricity from the network that —

(i) causes the electric shock, injury or death of a person or the death of livestock; or

(ii) causes a fire, in vegetation, that extends for more than 200 m from its origin; or

(iii) causes a fire in a building or structure that is not a part of the network; or

(iv) causes a fire in or on a part of the network, other than a fire on a pole; or

(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

(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

(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

(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;

(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;

(i) connecting the network to the installation; or

(ii) connecting a meter to the installation;

(d) a faulty neutral connection on the network that affects at least 2 consumers;

protective device means a fuse, circuit breaker, reclosing switch or other device that is designed to interrupt the supply of electricity;

third party, in relation to making contact with a part of a network, means a person other than —

(a) the network operator; or

(b) a person instructed or authorised by the network operator to do so.

[Regulation 22 amended: Gazette 1 Aug 2017 p. 4110‑11; SL 2021/218 r. 10.]

23. Notification and investigation of suspected notifiable incidents

(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 —

(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

(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.

Penalty for this subregulation: a fine of $250 000.

(2) The network operator must investigate the incident.

Penalty for this subregulation: a fine of $250 000.

(3) The network operator must ensure, so far as is reasonably practicable, that physical evidence relating to the incident is secured and retained until —

(a) the Director has notified the network operator that the physical evidence is no longer required to be retained; or

(b) the Director, with the agreement of the network operator, takes possession of the evidence.

Penalty for this subregulation: a fine of $250 000.

(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.

Penalty for this subregulation: a fine of $250 000.

(5) The requirement to secure physical evidence under subregulation (3) is satisfied if —

(a) the network operator moves the evidence to a place where it is secure from damage and interference; or

(b) in a case where it is impracticable for the evidence to be moved as described in paragraph (a) —

(i) the evidence is at a site the subject of a notification by the Director under regulation 25(1); or

(ii) the network operator has made arrangements, that are approved by the Director, to secure the evidence.

(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).

Penalty for this subregulation:

(a) for an individual, a fine of $50 000;

(b) for a body corporate, a fine of $250 000.

[Regulation 23 amended: SL 2021/218 r. 12.]

24. Reporting of notifiable incidents

(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 —

(a) prepare a report of the investigation of the incident in accordance with subregulation (2); and

(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.

Penalty for this subregulation: a fine of $250 000.

(2) The report must —

(a) be in a form acceptable to the Director; and

(b) describe the incident; and

(d) describe the steps taken to investigate the incident; and

(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

(f) include or be accompanied by the following —

(i) any photographs, videos, maps or diagrams that the network operator has that are relevant to the incident;

(ii) any opinions obtained from experts in relation to the incident;

(iii) the results of any tests conducted to determine the cause of the incident;

(iv) maintenance records relating to the apparatus involved in the incident;

(v) any other information that the network operator considers relevant to the investigation of the incident.

[Regulation 24 amended: SL 2021/218 r. 12.]

25. Requirement not to disturb site of notifiable incident or physical evidence

(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.

(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.

Penalty for this subregulation: a fine of $250 000.

(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.

Penalty for this subregulation: a fine of $250 000.

(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.

Penalty for this subregulation:

(a) for an individual, a fine of $50 000;

(b) for a body corporate, a fine of $250 000.

(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.

[Regulation 25 amended: SL 2021/218 r. 12.]

26. Destructive testing of physical evidence

(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 —

(a) the network operator believes that destructive testing of the evidence is required; and

(b) the network operator has notified the Director of that belief; and

(c) the Director has not, within 5 working days after the day on which the Director was notified, prohibited the testing.

(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.

(3) The network operator must permit a person nominated under subregulation (2) to witness the testing.

Penalty for this subregulation: a fine of $250 000.

[Regulation 26 amended: SL 2021/218 r. 12.]

27. Statistical reporting

The Director may, from time to time, publish statistical information derived from reports and notifications under this Division.

Division 2 — Reporting on network safety performance

28. Terms used

In this Division —

applicable standard, means —

(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;

(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;

(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;

AS 2067 means AS 2067:2016 Substations and high voltage installations exceeding 1 kV a.c.;

AS/NZS 3000 means AS/NZS 3000:2018 Electrical installations (known as the Australian/New Zealand Wiring Rules);

AS/NZS 7000 means AS/NZS 7000:2016 Overhead line design — Detailed procedures;

conductor means a wire, cable or other form of metal designed to carry an electrical current;

network safety performance incident has the meaning given in regulation 30;

unassisted 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 —

(a) a force exceeding the failure limit or design wind load specified in the applicable standard; or

(b) a lightning strike, earthquake, fire or flood; or

(d) excavation other than by a person for whom the network operator is responsible; or

(e) any other similar occurrence beyond the control of the network operator.

[Regulation 28 amended: Gazette 1 Aug 2017 p. 4111‑12; 2 Oct 2018 p. 3794.]

29. Network operators to whom this Division applies

This Division applies to and in relation to a network operator referred to in regulation 4(1)(a), (b), (c), (d), (e), (f) or (g).

30. Network safety performance incidents

(1) In this Division, network safety performance incident, in relation to a network, means —

(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

(b) an incident caused by the network, other than a fire, that causes damage to property other than to the network; or

(d) a fire, on a pole that is a part of the network, that originated on the pole; or

(e) the contacting of 2 or more conductors of the network, of different phases, caused by temperature variations or wind; or

(f) an unassisted failure of a pole that is a part of the network; or

(g) an unassisted failure of an overhead conductor that is a part of the network; or

(h) an unassisted failure of a stay wire that is a part of the network; or

(i) an unassisted failure of an underground cable that is a part of the network.

(2) In this Division, the types of network safety performance incident are —

(a) each type of incident described in subregulation (1)(a) to (1)(c); and

(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

(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

(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

(e) an unassisted failure of an overhead conductor according to whether the conductor was a part of transmission or distribution works; and

(f) an unassisted failure of a stay wire according to whether the wire was a part of transmission or distribution works; and

(g) an unassisted failure of an underground cable according to whether the cable was a part of transmission or distribution works.

[Regulation 30 amended: Gazette 1 Aug 2017 p. 4112.]

31. Network operator to publish annual objectives

(1) A network operator must, on or before each 30 November —

(a) give the Director a statement of network safety performance objectives that complies with subregulations (2) to (4); and

(b) publish the statement on a website maintained by the network operator.

Penalty for this subregulation: a fine of $250 000.

(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.

(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.

(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.

(5) The network operator must ensure that the statement remains published on a website maintained by the network operator for 4 years.

Penalty for this subregulation: a fine of $250 000.

(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 —

(a) be given and published before 1 October 2015; and

(b) cover the financial year commencing on 1 July 2015 and the next 2 financial years.

[Regulation 31 amended: SL 2021/218 r. 12.]

32. Network operator to publish quarterly outcomes

(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.

(2) The network operator must, within 40 working days after the end of each quarter in the year —

(a) give the Director a statement of network safety performance outcomes for that quarter that complies with subregulations (3) and (4); and

(b) publish the statement on a website maintained by the network operator.

Penalty for this subregulation: a fine of $250 000.

(3) The statement of network safety performance outcomes must set out, for each type of network safety performance incident —

(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

(b) the number of incidents of that type that occurred in relation to the network during the quarter; and

(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.

(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.

(5) The network operator must ensure that the statement of network safety performance outcomes —

(a) remains published on a website maintained by the network operator for 4 years; and

(b) is not amended unless the Director approves the proposed amendment.

Penalty for this subregulation: a fine of $250 000.

[Regulation 32 amended: SL 2021/218 r. 12.]

33. Director may publish and comment on objectives and outcomes

(1) The Director may publish statements given under regulations 31 and 32 on a website maintained on behalf of the Director.

(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.

Part 4 — Review of decisions

34. Decisions to which this Part applies

(1) This Part applies to a decision of the Director —

(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

(b) under regulation 14(3) to refuse to extend the period for the revision of a network operator’s safety management system; or

(d) under regulation 17(4) to revoke the approval of a standard or code; or

(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

(f) under regulation 32(5)(b) to refuse to approve a proposed amendment to a statement of network safety performance outcomes; or

(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.

(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.

35. Application for review

(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.

(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.

(3) The Director may, in a particular case, extend the period referred to in subregulation (2).

(4) The Director must give the applicant a reasonable opportunity to make submissions in relation to the review.

(5) The Director may suspend the operation or effect of the decision until the determination of the review.

(6) The Director, after considering submissions (if any) made under subregulation (4) may determine the application by confirming, varying or reversing the decision.

(7) The Director must give written notice of his or her determination and the reasons for it to the applicant.

(8) The Director may publicise his or her determination in the manner the Director thinks fit.

36. Review of determinations of Director under regulation 35

(1) A person aggrieved by a determination of the Director under regulation 35 may —

(a) if a question of law is involved — apply to the State Administrative Tribunal for a review of the decision; or

(b) in any other case — request that a technical review panel review the decision.

(2) A request for review under subregulation (1)(b) must —

(a) be made to the CEO within 30 days after the day on which the person receives written notice of the determination; and

(b) be in writing; and

(d) set out any submissions that the person wishes to make in relation to the review.

(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.

(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.

(5) If the decision is sent back to the Director under the State Administrative Tribunal Act 2004 section 29(3)(c)(ii) for reconsideration —

(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

(b) the new decision is not subject to review under regulation 35; and

(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.

(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.

37. Technical review panels: convening, remuneration and support

(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.

(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.

(3) Subregulation (2) does not apply to an employee as defined in the Public Sector Management Act 1994 section 3(1).

(4) The CEO must provide a technical review panel with the support services it may reasonably require.

38. Technical review panels: procedure on review

(1) A technical review panel may inform itself about a relevant matter in any manner it considers appropriate and may determine its own procedure.

(2) A technical review panel must give the Director —

(a) a copy of the request for review; and

(b) a reasonable opportunity to make submissions in relation to the review.

(3) The technical review panel must —

(a) complete the review by making a determination under regulation 36(6) within the period specified by the CEO in writing; and

(b) give written notice of its determination to the Director and the person who requested the review.

39. Technical review panels: costs

(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.

(2) The CEO may seek an order for the recovery of those costs in a court of competent jurisdiction.

(3) The reasonable costs of a review include —

(a) remuneration and allowances paid to the members of a technical review panel convened for the purposes of the review;

(b) costs of consultants or contractors engaged by the CEO for the purposes of the review, including accommodation costs, travel costs and equipment costs;

Part 5 — Miscellaneous

40. Defence for certain network operators

(1) Subregulation (2) applies in relation to the companies listed in regulation 4(2) (that is, the Robe River Joint Venture participants).

(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.

(3) Subregulation (4) applies in relation to the companies listed in regulation 4(3) (that is, the Newman Joint Venture participants).

(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.

41. Contact details of network operators

(1) In this regulation —

contact 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.

(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 —

(a) stating that the person is a network operator; and

(b) setting out the transmission or distribution works of which the person is the network operator; and

(d) listing all related bodies corporate.

Penalty for this subregulation: a fine of $250 000.

(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 —

(a) stating that the person is to become the network operator of those works; and

(b) setting out the day on which that is to occur; and

(d) listing all related bodies corporate.

Penalty for this subregulation: a fine of $250 000.

(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 —

(a) stating that the person will cease to be the operator of the works; and

(b) setting out the day on which that is to occur.

Penalty for this subregulation: a fine of $250 000.

(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.

Penalty for this subregulation: a fine of $250 000.

(6) A notice under this regulation must be in a form approved by the Director.

(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.

[Regulation 41 amended: SL 2021/218 r. 12.]

Part 6 — Repeal, consequential amendments and transitional provisions

Division 1 — Repeal

42. Electricity (Supply Standards and System Safety) Regulations 2001 repealed

The Electricity (Supply Standards and System Safety) Regulations 2001 are repealed.

Division 2 — Consequential amendments

43. Electricity (Licensing) Regulations 1991 amended

(1) This regulation amends the Electricity (Licensing) Regulations 1991.

(2) In regulation 63(7)(a):

(a) delete “a notifiable” and insert:

(b) delete “Electricity (Supply Standards and System Safety) Regulations 2001 regulation 35(1)(a); and” and insert:

	*Electricity (Network Safety) Regulations 2015* regulation 23(1); and

44. Electricity Regulations 1947 amended

(1) This regulation amends the Electricity Regulations 1947.

(2) Delete Schedule 1 Table 4 and insert:

Table 4 — Electricity (Network Safety) Regulations 2015 offences

Provision(s)	Description of offence under Electricity (Network Safety) Regulations 2015	Modified penalty
		For individual	For body corporate
r. 13(1)	Failure by network operator to have safety management system		$50 000
r. 14(1)	Failure by network operator to review and revise safety management system		$50 000
r. 14(2)	Failure by network operator to revise safety management system following amendment of AS 5577		$50 000
r. 23(6)	Destroying or disposing of physical evidence relating to incident	$5 000	$50 000
r. 24(1)	Failure by network operator to give report, that complies with regulation 24(2), on incident within required time		$10 000
r. 24(1)	Failure by network operator to give report on incident within required time		$50 000
r. 26(3)	Failure by network operator to permit witnessing of testing		$50 000
r. 31(1)	Failure by network operator to give or publish statement of network safety performance objectives		$10 000
r. 32(2)	Failure by network operator to give or publish statement of network safety performance outcomes		$10 000
r. 41(2)	Failure by network operator to inform Director and give details		$5 000
r. 41(3)	Failure by person who is to become network operator to inform Director and give details		$5 000
r. 41(4)	Failure by person who is to cease to be network operator to inform Director and give details		$5 000
r. 41(5)	Failure by network operator to give notice of change in name or contact details		$5 000

(3) In Schedule 2 Forms 1 and 2 delete “Electricity (Supply Standards and System Safety) Regulations 2001 r.” and insert:

	*Electricity (Network Safety) Regulations 2015* r.

Division 3 — Transitional provisions

45. Terms used

In this Division —

commencement day means the day on which this regulation comes into operation;

repealed regulations means the Electricity (Supply Standards and System Safety) Regulations 2001 as in force immediately before commencement day.

46. Standards and codes

(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).

(2) Subregulation (1) does not prevent the revocation of the approval under regulation 17(4).

(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).

47. Notifiable incidents that occurred before commencement day

Regulation 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 —

(a) the report of the incident under regulation 36 of the repealed regulations was not submitted before commencement day; and

(b) the period for the submission of the report had not expired before commencement day.

Schedule 1 — Standards and codes containing evidentiary provisions

[r. 17]

[Heading inserted: SL 2021/218 r. 11.]

Division 1 — General

[Heading inserted: SL 2021/218 r. 11.]

Code of Practice for Safe Low Voltage Work Practices by Electricians, published by the Director in December 2017.

Utility Providers Code of Practice for Western Australia, produced by the Utility Providers Services Committee and applicable from 1 March 2018.

WA Electrical Requirements, published by the Director in December 2019.

AS 2676.1:2020 Guide to the installation, maintenance, testing and replacement of secondary batteries in buildings — Part 1: Vented cells.

AS 2676.2:2020 Guide to the installation, maintenance, testing and replacement of secondary batteries in buildings — Part 2: Sealed cells.

AS 5577‑2013 Electricity network safety management systems.

AS/NZS 3000:2018 Electrical installations (known as the Australian/New Zealand Wiring Rules).

AS/NZS 3013:2005 Electrical installations — Classification of the fire and mechanical performance of wiring system elements.

AS/NZS 3100:2017 Approval and test specification — General requirements for electrical equipment.

AS/NZS 60479.1:2010 Effects of current on human beings and livestock — Part 1: General aspects.

ENA Doc 008‑2006 National guidelines on electrical safety for emergency service personnel.

ENA Doc 015‑2006 National guidelines for prevention of unauthorised access to electricity infrastructure.

ENA Doc 018‑2015 Guideline for the fire protection of electricity substations.

ENA Doc 044‑2020 Guideline for energised low voltage work.

[Division 1 inserted: SL 2021/218 r. 11.]

Division 2 — Overhead lines

[Heading inserted: SL 2021/218 r. 11.]

Code of Practice for Personnel Electrical Safety for Vegetation Control Work Near Live Power Lines, published by the Director in May 2021.

AS/NZS 1768:2007 Lightning protection.

AS 3891.1:2021 Air navigation — Cables and their supporting structures — Marking and safety requirements — Part 1: Marking of overhead cables and supporting structures.

AS 3891.2:2018 Air navigation — Cables and their supporting structures — Marking and safety requirements — Part 2: Low level aviation operations.

[Division 2 inserted: SL 2021/218 r. 11.]

Division 3 — Switchyards, substations and power stations

[Heading inserted: SL 2021/218 r. 11.]

AS 1319‑1994 Safety signs for the occupational environment.

AS 62271.1:2019 High-voltage switchgear and controlgear — Part 1: Common specifications for alternating current switchgear and controlgear (IEC 62271‑1:2017 MOD).

AS 2865‑2009 Confined spaces.

AS 60076.1:2014 Power transformers — Part 1: General (IEC 60076‑1, Ed. 3.0 (2011) MOD).

AS 60076.11‑2006 Power transformers — Part 11: Dry‑type transformers.

ENA Doc 007‑2006 Specification for polemounting distribution transformers.

[Division 3 inserted: SL 2021/218 r. 11.]

Division 4 — Underground cables

[Heading inserted: SL 2021/218 r. 11.]

AS 2832.1:2015 Cathodic protection of metals — Part 1: Pipes and cables.

AS/NZS 2648.1:1995 Underground marking tape — Part 1: Non‑detectable tape.

[Division 4 inserted: SL 2021/218 r. 11.]

Division 5 — Power coordination

[Heading inserted: SL 2021/218 r. 11.]

AS/NZS 3835.1:2006 Earth potential rise — Protection of telecommunications network users, personnel and plant — Part 1: Code of practice.

AS/NZS 3835.2:2006 Earth potential rise — Protection of telecommunications network users, personnel and plant — Part 2: Application guide.

HB 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.

HB 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.

HB 102‑1997 (CJC 6) Coordination of power and telecommunications — Low Frequency Induction (LFI) — Application guide to the LFI code.

HB 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.

[Division 5 inserted: SL 2021/218 r. 11.]

Schedule 2 — Standards and codes containing obligatory provisions

[r. 17]

[Heading inserted: SL 2021/218 r. 11.]

Division 1 — General

[Heading inserted: SL 2021/218 r. 11.]

AS 1882‑2002 Earth and bonding clamps.

AS 2067:2016 Substations and high voltage installations exceeding 1 kV a.c.

AS 3011.1:2019 Electrical installations — Secondary batteries installed in buildings — Part 1: Vented cells.

AS 3011.2:2019 Electrical installations — Secondary batteries installed in buildings — Part 2: Sealed cells.

AS 3851‑1991 The calculation of short circuit currents in three‑phase a.c. systems.

AS/NZS 3863:2002 Galvanised mild steel wire for armouring cables.

AS 4741‑2010 Testing of connections to low voltage electricity networks.

AS/NZS 4836:2011 Safe working on or near low-voltage electrical installations and equipment.

AS 60529‑2004 Degrees of protection provided by enclosures (IP Code).

ENA DOC 003‑2021 (NENS 03) National guidelines for safe access to electrical and mechanical apparatus.

ENA Doc 025‑2010 EG‑0 Power system earthing guide — Part 1: Management principles, version 1.

ENA Doc 042‑2018 National guidelines for manual reclosing of high voltage electrical apparatus following a fault operation (Manual Reclose Guidelines).

ENA Doc 044‑2020 Guideline for energised low voltage work.

ENA NENS 04‑2006 National guidelines for safe approach distances to electrical and mechanical apparatus.

ENA NENS 08‑2006 National guidelines for aerial surveillance of overhead electricity networks.

ENA NENS 09‑2014 National guideline for the selection, use and maintenance of personal protection equipment for electrical arc hazards.

IEC 61914:2015 Cable cleats for electrical installations.

[Division 1 inserted: SL 2021/218 r. 11.]

Division 2 — Overhead lines

[Heading inserted: SL 2021/218 r. 11.]

AS 1222.1‑1992 Steel conductors and stays — Bare overhead — Part 1: Galvanised (SC/GZ).

AS 1222.2‑1992 Steel conductors and stays — Bare overhead — Part 2: Aluminium clad (SC/AC).

AS 1531‑1991 Conductors — Bare overhead — Aluminium and aluminium alloy.

AS 1720.1‑2010 Timber structures — Part 1: Design methods.

AS 1720.2‑2006 Timber structures — Part 2: Timber properties.

AS 1746‑1991 Conductors — Bare overhead — Hard drawn copper.

AS/NZS 2878:2000 Timber — Classification into strength groups.

AS 3600:2018 Concrete structures.

AS 3607:1989 Conductors — Bare overhead, aluminium and aluminium alloy — Steel reinforced.

AS 3818.11‑2009 Timber — Heavy structural products — Visually graded — Part 11: Utility poles.

AS 4100:2020 Steel structures.

AS 5804.1‑2010 High-voltage live working — Part 1: General.

AS 5804.2‑2010 High-voltage live working — Part 2: Glove and barrier work.

AS 5804.3‑2010 High-voltage live working — Part 3: Stick work.

AS 5804.4‑2010 High-voltage live working — Part 4: Barehand work.

AS 6947‑2009 Crossing of waterways by electricity infrastructure.

AS/NZS 7000:2016 Overhead line design.

[Division 2 inserted: SL 2021/218 r. 11.]

Division 3 — Underground cables

[Heading inserted: SL 2021/218 r. 11.]

AS/NZS 1026:2004 Electric cables — Impregnated paper insulated — For working voltages up to and including 19/33 (36) kV.

AS/NZS 1125:2001 Conductors in insulated electric cables and flexible cords.

AS/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.

AS/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.

AS/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.

[Division 3 inserted: SL 2021/218 r. 11.]

Division 4 — Switchgear and protection

[Heading inserted: SL 2021/218 r. 11.]

AS 1033.1‑1990 High voltage fuses (for rated voltages exceeding 1000 V) — Part 1: Expulsion type.

AS 1033.2‑1988 High voltage fuses (for rated voltages exceeding 1000 V) — Part 2: Current‑limiting (powder‑filled) type.

AS 1307.2‑1996 Surge arresters — Part 2: Metal-oxide surge arresters without gaps for a.c. systems.

AS/NZS 60137:2020 Insulated bushings for alternating voltages above 1000 V (IEC 60137:2017 (ED.7.0) MOD).

AS/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).

AS 60296:2017 Fluids for electrotechnical applications — Unused mineral insulating oil for transformers and switchgear (IEC 60296:2012, MOD).

AS/NZS IEC 60947.1:2015 Low‑voltage switchgear and controlgear — Part 1: General rules.

AS/NZS 61439.1:2016 Low‑voltage switchgear and controlgear assemblies — Part 1: General rules.

AS/NZS 61439.2:2016 Low‑voltage switchgear and controlgear assemblies — Part 2: Power switchgear and controlgear assemblies.

AS/NZS 61439.3:2016 Low‑voltage switchgear and controlgear assemblies — Part 3: Distribution boards intended to be operated by ordinary person (DBO).

AS/NZS 61439.4:2016 Low‑voltage switchgear and controlgear assemblies — Part 4: Particular requirements for assemblies for construction sites (ACS).

AS/NZS IEC 61439.5:2016 Low‑voltage switchgear and controlgear assemblies — Part 5: Assemblies for power distribution in public networks.

AS 61869.1:2021 Instrument transformers — Part 1: General requirements (IEC 61869‑1:2007 (ED.1.0) MOD).

AS 61869.2:2021 Instrument transformers — Part 2: Additional requirements for current transformers (IEC 61869‑2:2012 (ED 1.0) MOD).

AS 61869.3:2021 Instrument transformers — Part 3: Additional requirements for inductive voltage transformers (IEC 61869‑3:2011 (ED.1.0) MOD).

AS 61869.4:2021 Instrument transformers — Part 4: Additional requirements for combined transformers (IEC 61869‑4:2013 (ED.1.0) MOD).

AS 61869.5:2021 Instrument transformers — Part 5: Additional requirements for capacity voltage transformers (IEC 61869‑5:2011 (ED 1.0) MOD).

AS 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).

AS 62271.102:2019 High‑voltage switchgear and controlgear — Part 102: Alternating current disconnectors and earthing switches (IEC 62271‑102:2018, MOD).

AS 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.

AS 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).

AS 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).

AS 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).

AS 62271.202:2019 High‑voltage switchgear and controlgear — Part 202: High-voltage/low-voltage prefabricated substation (IEC 62271‑202:2014, MOD).

AS 62271.203‑2012 High‑voltage switchgear and controlgear — Part 203: Gas‑insulated metal‑enclosed switchgear for rated voltages above 52 kV.

AS IEC 62271.4:2015 High‑voltage switchgear and controlgear — Part 4: Handling procedures for sulphur hexafluoride (SF6) and its mixtures.

[Division 4 inserted: SL 2021/218 r. 11.]

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Notes

This 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.

Compilation table

Citation	Published	Commencement
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))
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))
Electricity Amendment Regulations 2018 Pt. 4	2 Oct 2018 p. 3784-94	1 Jan 2019 (see r. 2(b))
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))

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)

adequate 3(1)

applicable standard 28

AS 3(1)

AS 2067 28

AS 5577 3(1)

AS/NZS 3(1)

AS/NZS 3000 28

AS/NZS 7000 28

CEO 3(1)

commencement day 45

conductor 28

contact 22

contact details 41(1)

contractor 3(1)

distribution licence 3(1)

electricity inspector 3(1)

employee 3(1)

ENA 3(1)

evidentiary provision 17(1)

good industry practice 3(1)

HB 3(1)

IEC 3(1)

implementation day, for a network operator, 3(1)

integrated regional licence 3(1)

investigate 9(1)

network 3(1)

network operator 3(1)

network safety performance incident 28, 30(1)

notifiable incident 22

obligatory provision 17(1)

pole 3(1)

prescribed activity 3(1)

prior network operator 12(1)

protective device 22

quarter 3(1)

reasonably practicable 3(1)

repealed regulations 45

risk to safety 9(1)

safety 3(1)

safety management system 3(1)

stand-alone power system 3(1)

storage works 3(1)

subcontractor 3(1)

third party 22

transmission licence 3(1)

unassisted failure 28

working day 3(1)

Western Australia

Electricity Act 1945

Electricity (Network Safety) Regulations 2015

Western Australia

Electricity (Network Safety) Regulations 2015

Contents

Part 1 — Preliminary

Citation 1
Commencement 1
Terms used 1
Network operators 6
Persons for whom a network operator or contractor is responsible 8

Part 2 — Network safety

Division 1 — General safety requirements

5A. Duty of network operator to ensure safety of network 9

Duty of network operator to manage prescribed activities 10
Duty of contractor to manage prescribed activities 11
Duty of persons carrying out prescribed activities 12
Duties relating to certain risks to safety 12

Division 2 — Certain network operators required to have safety management systems

Network operators to whom this Division applies 14
When this Division commences to apply to a network operator 14
Transfer of operation of network 15
Requirement to have safety management system 16
Requirement to revise safety management system 16
Requirement to comply with safety management system 17
Compliance with safety management system evidence of compliance with regulation 5A, 6 or 7 18

Division 3 — Requirements if network operator not required to have safety management system

Terms used and approval of certain standards and codes by Director 18
Network operators to whom this Division applies 19
Requirement to comply with obligatory provisions 19
Compliance with obligatory and evidentiary provisions evidence of compliance with regulation 6 or 7 20
Requirement to provide information and training 20

The Regulations hinge on a number of defined legal concepts that structure risk allocation and compliance.

“Network” and “network operator” (regulation 3(1) and regulation 4). Network is defined to include transmission works, distribution works, stand‑alone power systems and connected storage or emergency generating works (regulation 3(1), paragraphs (a)-(ba)). Regulation 4 lists who is a network operator, including specific corporations, iron‑ore joint venture operators and holders of transmission, distribution or integrated regional licences under the Electricity Industry Act 2004. The identity of the network operator determines which duties and reporting regimes apply (see Division 2 v Division 3).
“Prescribed activity” (regulation 3(1)). This covers activities in the construction, commissioning, operation, maintenance or decommissioning of a network. Regulation 3(3)-(4) clarifies when an activity is “on” a network for regulatory purposes.
“So far as is reasonably practicable” (regulation 3(1)). This is the statutory risk‑treatment test that applies to primary duties (regulations 5A, 6, 7, 8, 9 and others). The Regulators spell out the factors to be weighed: likelihood and degree of harm, knowledge of hazards and mitigation, availability and suitability of mitigation, and the cost versus risk (including whether costs are grossly disproportionate) (regulation 3(1) definition). This embeds an economic balancing element into compliance assessments.
Safety management system (SMS) and AS 5577 (regulations 13-16 and regulation 3(1) definition of AS 5577). Operators subject to Division 2 are required to have an SMS that applies to all their networks and complies with AS 5577 (regulation 13(1)). The SMS must be reviewed and revised consistent with the standard (regulation 14) and implemented across prescribed activities (regulation 15).
Obligatory and evidentiary provisions (regulation 17 and Schedules 1-2). For operators not under Division 2, the regime relies on a fixed list of obligatory provisions in Schedule 2 that must be complied with (regulation 19). Schedule 1 lists “evidentiary provisions” which, if complied with and not inconsistent with obligatory provisions, count as evidence of compliance (regulation 20). The Director can approve or revoke other standards for evidentiary effect (regulation 17).
Notifiable incidents (regulation 22). Defined to include serious discharges causing injury, death or significant vegetation/building fire, failures exposing risk of injury or death, damage to consumer installations exceeding $20,000, faulty neutral connections affecting at least two consumers, and other specified events. The threshold is a mix of harm, property damage and causation tied to design, construction standards or deviation from good industry practice (regulation 22).
Reporting, evidence retention and investigative cooperation (regulations 23-26). The network operator must notify the Director of suspected notifiable incidents as soon as possible and investigate (regulation 23(1)-(2)), secure and retain physical evidence until the Director advises otherwise (regulation 23(3), (5), and regulation 25), and provide a structured investigation report within 30 working days unless extended (regulation 24). The Director can nominate a witness for destructive testing (regulation 26).
Transparency metrics and publication (regulations 31-33). Large operators must publish annual objectives (maximum incident targets across categories) and quarterly outcomes against those targets, and keep those published for four years. The Director may publish statements and comment on them (regulation 33).
Enforcement and review architecture. Criminal fines are the principal sanction (multiple provisions specify fines; for corporates commonly $250,000, for individuals $50,000 in many cases). Administrative review starts with the Director (regulation 35), questions of law go to the State Administrative Tribunal, other reviews may go to convened technical review panels (regulation 36). Technical panels are funded and convened by the CEO and their determinations are final (regulations 37-39).

These concepts interlock: identity of operator (regulation 4) determines whether the AS 5577 SMS pathway applies (regulation 10). If not, obligatory provisions in Schedule 2 apply (regulation 18-19). Compliance with an operator’s SMS or with Schedule 2 and approved evidentiary standards operates as evidence of compliance with the primary statutory duties (regulations 16 and 20). Notification, investigation and public reporting create transparency and data flows to the Director and the public (Parts 3 Division 1 and 2). The reasonably practicable test, defined in regulation 3(1), is the core legal standard used to evaluate whether duties have been met across those obligations.

The regulations distribute duties across a hierarchy of actors: network operators, contractors and individuals engaged in prescribed activities, and third parties affected by networks.

Network operators (regulation 4). The class is explicitly listed: Electricity Networks Corporation, the Regional Power Corporation, specified mining companies and successor entities operating under particular iron ore agreements, and all holders (or required holders) of transmission licences, distribution licences or integrated regional licences under the Electricity Industry Act 2004 (regulation 4(1)(a)-(h)). Whether a given operator falls within the Division 2 SMS requirement is determined by regulation 10 and regulation 11.
Contractors and subcontractors (regulation 3(1) definition of contractor and subcontractor; regulation 5). Contractors engaged under contracts for services to carry out prescribed activities on a network, and their subcontractors, are captured by duties in regulation 7 and elsewhere. Regulation 5(2) lists persons for whom a contractor is responsible: their employees, their subcontractors and the employees of those subcontractors.
Employees and persons instructed or authorised by operators (regulation 5). Regulation 5(1) lists the persons for whom a network operator is responsible: its employees, contractors, contractor employees and any person instructed or authorised to carry out prescribed activities on the network. This means the operator’s obligations reach beyond its direct workforce to contractors and authorised third parties.
Individuals carrying out prescribed activities (regulation 8). The regulations impose a direct individual duty on an individual carrying out a prescribed activity to ensure, so far as is reasonably practicable, that the activity is carried out safely; failure attracts individual fines (regulation 8(1) and (2)). Thus both corporate and personal liability sit in the instrument.
Third parties and consumers. Consumers are impacted both through the notifiable incident definition (damage to consumer installations exceeding $20,000 triggers notification, regulation 22(b)) and protection duties in ordinary operation. Third parties who make contact with network parts may trigger notifiable incident obligations where the network did not comply with applicable design and construction standards (regulation 22(a)(vi)).
Regulators and officials. The Director is central: deciding approvals and revocations of standards (regulation 17), receiving notifications and reports (regulations 23 and 24), publishing objectives and outcomes (regulation 33), and granting extensions or approving implementation days (regulations 11(5), 14(3)). The CEO convenes technical review panels on review requests (regulation 36(3) and regulations 37-39). Electricity inspectors under the Energy Coordination Act 1994 are given site powers in relation to notifiable incidents (regulation 23 and regulation 25 referencing that Act).
Joint venture participants. Regulation 40 provides a specific defence for named joint venture participants (Robe River and Newman participants): if one company is charged with an offence under the regulations (other than regulation 41), it may defend by proving another participant complied with the relevant obligation. That is a limited intra‑JV evidentiary defence for those enumerated corporate groupings.

Who pays and who faces enforcement. Financially and operationally the regulatory burden sits with network operators and their contractors: operators must develop and operate SMSs or satisfy obligatory provisions, maintain records, notify and report, and publish safety objectives and outcomes; contractors must provide training and ensure compliance with operators’ SMSs (regulations 15 and 21). Individuals performing prescribed activities face direct personal fines for failing to perform their duties (regulations 8 and 9(4)). The Director and the CEO determine approvals, time extensions and review convenings; the State Administrative Tribunal can take on questions of law in reviews (regulation 36).

The identity of the operator matters practically, because regulation 10 and regulation 11 (implementation day) determine when the stricter SMS/AS 5577 obligations commence. Transfers of operation trigger special timing rules (regulation 12). The schedules list specific technical standards forming obligatory and evidentiary content; operators not in Division 2 must align with those technical lists (regulation 19, Schedules 1 and 2).

Primary duties

Duty to ensure network safety: A network operator must ensure, so far as is reasonably practicable, that its network is designed, constructed, operated and maintained so as to ensure it is safe (regulation 5A(1)). Regulation 5A(2) gives examples of what failure looks like, including not developing, implementing and maintaining adequate design standards and construction procedures, inspection/testing/maintenance/replacement plans, or operating standards and procedures, and failing to regularly review design, engineering and operation in accordance with good industry practice. Regulation 5A(4) requires maintenance of records demonstrating compliance (see penalties in regulation 5A(1) and (4)).
Duty to manage prescribed activities: Network operators must ensure each prescribed activity is carried out safely, including developing adequate work practices, providing adequate instruction, training and supervision to persons for whom they are responsible, ensuring compliance with plans and standards, and regularly reviewing work practices (regulation 6(1) and (2)). Contractors have parallel duties to ensure persons for whom they are responsible carry out prescribed activities safely (regulation 7). Individuals performing prescribed activities have a direct duty to carry them out safely and to comply with network design and work practices (regulation 8).
Duties in relation to identified risks: If a network operator becomes aware of a risk to safety, it must investigate as soon as is reasonably practicable (regulation 9(2)), unless the risk is inherent (regulation 9(3)). Persons who become aware of a risk must notify the network operator (regulation 9(4)). If a risk is found, the operator must minimise or eliminate it as soon as is reasonably practicable and prevent other prescribed activities on affected parts until the risk is managed except for work to mitigate the risk (regulation 9(5)).

Safety management system specific duties

Requirement to have SMS and comply with AS 5577 for operators in Division 2 (regulations 10-16). A network operator to which Division 2 applies must have an SMS that applies to all its networks and complies with AS 5577 (regulation 13(1)). The SMS must be reviewed and revised in accordance with AS 5577 (regulation 14). Operators must ensure prescribed activities are carried out in accordance with their SMS and that auditing and record‑keeping requirements of the SMS are complied with (regulation 15).
Evidence effect: Compliance with the network operator’s SMS is admissible as evidence of compliance with the general operator and activity duties in regulations 5A and 6; for contractors, compliance with the operator’s SMS is evidence of compliance with regulation 7 (regulation 16). For operators not required to have an SMS, compliance with obligatory and evidentiary provisions in Schedules 2 and 1 acts as evidence of compliance with regulations 6 or 7 (regulation 20).

Reporting and preservation rights and duties

Notifiable incident notification and investigation obligations (regulation 23). Where the operator has reasonable grounds to suspect a notifiable incident has occurred, it must notify the Director as soon as possible in a manner approved by the Director and include details of protective device operation. The operator must investigate and secure physical evidence until the Director releases it or takes possession (regulation 23(1)-(3)). Disposal or destruction of evidence while required is an offence (regulation 23(6)).
Reporting: Written report to the Director within 30 working days including incident description, cause (or unknown), steps taken to investigate, proposed SMS revisions and supporting materials such as photographs, expert opinions, tests and maintenance records (regulation 24(1)-(2)).
Restriction on disturbing sites when an electricity inspector proposes to use powers under the Energy Coordination Act 1994 section 14 (regulation 25). Operators must ensure sites are not disturbed so as to prejudice examination, and must notify contractors (regulation 25(2)-(4)). Disturbance can proceed with Director approval (regulation 25(5)).

Transparency duties

Publication of objectives and quarterly outcomes (regulations 31-32). Operators covered by Division 2 must deliver annual statements by 30 November setting maximum incident objectives across categories for the current and next three financial years, explain development methodology and consistency with construction and maintenance programmes, and publish these statements on their websites for four years (regulation 31). Quarterly outcomes must be supplied within 40 working days after each quarter’s end, published and retained for four years; amendments require Director approval (regulation 32).

Administrative rights and review mechanisms

Operators and applicants have procedural rights to apply for Director approvals and extensions (regulations 11(5) and 14(3)), to be notified of adverse Director decisions (regulation 34(2)), to seek review by the Director (regulation 35), and thereafter to appeal to the State Administrative Tribunal on questions of law or to request a technical review panel on other grounds (regulation 36(1)). The Director must give reasons for determinations (regulation 35(7)).

Limited defences and evidentiary devices

Evidence of compliance via standards or SMS: operators can rely on compliance with an SMS (regulation 16) or with obligatory/evidentiary provisions (regulations 19-21 and 20). The Director may approve additional standards as evidentiary instruments under regulation 17(2) and publish approvals (regulation 17(5)).
Joint venture defence for specified mining JV participants: a charged participant can defend by proving another participant complied with the obligation (regulation 40).

Sanctions

Penalties are specified throughout, typically fines of $250,000 for corporate entities for major operator duties (regulations 5A(1), 6(1), 13(1), 14(1), 14(2), 15(1)-(2), 19(1), 21(1) and others). Fines for individuals and contractors are lower (commonly $50,000, see regulations 7, 8, 9(4), 23(6)). The Electricity Regulations 1947 Schedule 1 Table 4 sets modified penalties for certain offences (Division 6 amendments).

In short, the regulations impose a network‑level duty to ensure safety, a task allocation of training and supervision duties to operators and contractors, prescriptive notification and evidence retention duties after incidents, obligations to adopt particular technical standards or an AS 5577 SMS depending on operator status, and administrative pathways for approvals and review. Rights to procedural fairness and review are preserved through the Director, the CEO convened technical review panels and the State Administrative Tribunal.

Monetary penalties are the primary enforcement tool deployed. They are set out across multiple provisions and applied according to the type of duty and the identity of the actor.

Monetary fines

Corporate network operator fines. For many core operator duties the monetary penalty for a corporate network operator is $250,000. Examples include failure to ensure network safety (regulation 5A(1); penalty specified in the subregulation), failure to maintain compliance records (regulation 5A(4)), failure to ensure prescribed activities are carried out safely (regulation 6(1)), failure to have a safety management system where required (regulation 13(1)), failure to review and revise SMS (regulation 14(1)), failure to comply with SMS requirements including auditing and record keeping (regulation 15(2)), failure to investigate risks to safety (regulation 9(2)), failure to secure evidence (regulation 23(3)), failure to notify suspected notifiable incidents (regulation 23(1)), and failure to prepare and provide reports of notifiable incidents (regulation 24(1)). The modified penalties table inserted by amending the Electricity Regulations 1947 (regulation 44) provides alternative lower penalties for certain offences in some contexts (see that table).
Individual and contractor fines. Individuals who are contractors face fines of $50,000 for failing to ensure prescribed activities of persons for whom they are responsible are carried out safely (regulation 7(1) and penalties in regulation 7). Individuals who carry out prescribed activities have direct liability up to $50,000 (regulation 8(1)). Individuals who fail to notify a network operator of a risk they become aware of face fines up to $50,000 (regulation 9(4)).
Specific offence penalties. Destroying or disposing of physical evidence while required to be retained attracts penalties of $50,000 for corporates and $5,000 for individuals under regulation 23(6), with modified figures in the legacy penalties table. Failure to permit witnessing of destructive testing when required attracts a $250,000 penalty for network operators (regulation 26(3), and modified in regulation 44 substitution table). Failure to give notification and contact detail notices under regulation 41 carries up to $250,000 corporate penalties (regulation 41(2)-(5)).

Enforcement actors and mechanisms

Director’s powers. The Director receives notifications and reports, may approve or revoke standards or codes under regulation 17, may approve later implementation days for operators (regulation 11(5)), may extend the six month period for SMS revision after AS 5577 amendments (regulation 14(3)), may approve proposed amendments to published outcomes (regulation 32(5)(b)), and may publish operator statements and offer opinions (regulation 33). The Director can also notify operators that an electricity inspector proposes to exercise investigatory powers under the Energy Coordination Act 1994 section 14, constraining site disturbance (regulation 25(1)). The Director’s decisions in these listed areas are reviewable under Part 4 (regulation 34).
Criminal prosecution. Specified contraventions are offences attracting monetary penalties. Enforcement may proceed through prosecution in the relevant court with the fines set within the regulations. The modified penalty table in the Electricity Regulations 1947 provides alternative, lower modified penalties for some offences (regulation 44).
Inspector powers and evidence retention. Electricity inspectors (as defined via the Energy Coordination Act 1994 cross reference, regulation 3(1)) have investigatory powers which, when exercised or proposed, trigger statutory site preservation duties (regulation 25). The Director can also take possession of evidence as per regulation 23(3)(b).
Administrative review and appeals. Decisions of the Director listed in regulation 34 are subject to internal review by the Director (regulation 35). Further review is available: questions of law may be taken to the State Administrative Tribunal (regulation 36(1)(a)); other matters may be referred to a technical review panel convened by the CEO (regulation 36(1)(b)). Technical review panels are three‑person panels, independent of the matter, convened by the CEO, whose determinations under regulation 36(6) are final. If the technical panel confirms the Director’s decision, the applicant is liable for the reasonable costs of the review (regulation 39). If the SAT sends the matter back for reconsideration under its Act, the Director must make a new decision within 20 working days (regulation 36(5)).
Director’s discretion, approvals and publication. The Director’s approval to add or revoke standards (regulation 17), to approve implementation days (regulation 11(5)), to extend compliance periods (regulation 14(3)), to allow amendment of quarterly published outcomes (regulation 32(5)(b)), and the Director’s power to publish opinions on operator performance (regulation 33) are discretionary levers that shape compliance incentives. Those delegated powers are the administrative means for the Director to regulate implementation and harmonise standards.

Enforcement economics and calibration

Evidentiary devices and compliance incentives. The regulations create safe harbours: compliance with an operator’s SMS (where required) is evidence of compliance with the general obligations (regulation 16). For operators not subject to SMS obligations, compliance with obligatory provisions and approved evidentiary standards serves the same evidentiary purpose (regulation 20). These provisions reduce the litigation risk of enforcement by providing prescriptive technical measures that, if followed, will support a defence.
Cost of non‑compliance. Monetary penalties are potentially large for corporates and substantial for individuals and smaller contractors. These fines create a deterrent effect but also a compliance cost calculation for operators when selecting design and maintenance options under the “reasonably practicable” test that explicitly contemplates cost versus risk (regulation 3(1) definition).
Administrative and reputational enforcement. The publication duties (regulations 31-33) impose transparency and reputational pressure by making operators’ objectives and outcomes public and allowing the Director to comment; these non‑monetary sanctions can affect commercial relationships and regulatory scrutiny.

In sum, enforcement combines criminal penalties, inspector investigatory powers, Director oversight with discretionary approvals, and administrative review mechanisms through the Director, the State Administrative Tribunal and technical panels. Safe harbours via compliance with AS 5577 or prescribed standards are available and may be central to an operator’s compliance strategy.

The Regulations are crafted to sit within and operate alongside multiple other statutory regimes. The instrument explicitly references and cross‑links to several Acts and regulatory frameworks; these interactions shape jurisdictional competence, standards incorporation, investigatory power and corporate law consequences.

Key cross‑references

Electricity Industry Act 2004. Regulation 4(1)(h) imports the definitions of transmission licence, distribution licence and integrated regional licence from the Electricity Industry Act 2004 section 3 to identify who is a network operator for the purposes of these Regulations. The status and licensing framework under the Industry Act thus determines regulatory coverage under the Network Safety Regulations: if the Electricity Industry Act requires a person to hold a licence, that person will be a network operator subject to the Regulation’s duties.
Energy Coordination Act 1994. The Regulations refer to the definition and powers of an electricity inspector as defined in the Energy Coordination Act 1994 (regulation 3(1) definition of electricity inspector) and explicitly refer to electricity inspectors’ powers under section 14 of the Energy Coordination Act 1994 in regulation 25. Thus inspectorial investigatory powers and site warranting procedures under that Act are operationally engaged when a notifiable incident occurs and the Director notifies the operator that an inspector proposes to exercise powers.
State Administrative Tribunal Act 2004. Regulation 36 uses that Act for the pathway where questions of law are involved in reviews of Director determinations. The regulation also prescribes the effect where the Tribunal sends a matter back under section 29(3)(c)(ii) of the State Administrative Tribunal Act, requiring the Director to make a new decision within 20 working days and stipulating that the new decision is not subject to review under regulation 35 and that section 29(4) of the Tribunal Act does not apply (regulation 36(5)).
Corporations Act 2001 (Commonwealth). Regulation 41(7) defines related bodies corporate for the purposes of listing related bodies corporate in operator notices by reference to section 9 of the Corporations Act 2001.
Standards incorporation. The Regulations rely heavily on Australian and international standards (AS, AS/NZS, IEC, ENA Docs and HB codes). AS 5577 is mandated for Division 2 operators (regulation 13(1)). Schedules 1 and 2 list numerous standards as either evidentiary provisions or obligatory provisions and the Director may approve other standards for evidentiary use (regulation 17). This mechanism imports technical content from standards into law without reproducing their text, and creators of those standards (Standards Australia, Standards New Zealand, ENA) become de facto technical rulemakers through the Schedule listings.

Operational interactions and implications

Evidence and defence across instruments. Compliance with an SMS that meets AS 5577 is admissible as evidence of compliance with the statutory duties in regulations 5A and 6 (regulation 16). Similarly, compliance with obligatory or evidentiary provisions in the Schedules, or additional standards approved by the Director, serves evidentiary functions (regulations 20 and 17). Thus the Regulations create legal synergies with standards‑making bodies.
Inspectorial coordination between Acts. The preservation of evidence and site disturbance restrictions in regulation 25 operate in tandem with electricity inspector powers under the Energy Coordination Act. The mechanism is that the Director’s notification that an inspector will invoke section 14 of the Energy Coordination Act freezes on‑site disturbance obligations under the Network Safety Regulations, and the inspector then brings powers and procedures under the Energy Coordination Act to bear.
Repeal of prior regulations. The Regulations repeal the Electricity (Supply Standards and System Safety) Regulations 2001 (regulation 42) and transition approvals and pending matters to the new regime (regulation 46). Transitional provisions preserve approvals made under the repealed rules by shifting them to the corresponding approval mechanism in the new regulation 17 (regulation 46(1)).
Interaction with regulatory transparency and licensing. Publication of operator objectives and outcomes (regulations 31-33) will interact with any reporting, licence condition or regulatory performance frameworks under the Electricity Industry Act and related regulatory bodies. The Director may publish opinions about objectives and outcomes, feeding into broader regulatory oversight.
Procedural interactions. The multi‑stage review mechanism (internal Director review, then SAT on questions of law or technical panels) means administrative law protections are available, but the Regulations also limit some review rights. For example, where a technical review panel makes a determination and cancels a decision, the Director’s subsequent new decision is not subject to further review under regulation 35 (regulation 36(7)).

In essence, the Regulations operate as a specialised safety overlay within the broader electricity regulatory framework in WA. They import technical standards, route investigatory powers through existing inspector regimes, and provide structured administrative review channels under existing administrative law apparatus. Operators and their legal advisors should map these cross‑references carefully: licence status under the Electricity Industry Act determines coverage; inspectorial powers under the Energy Coordination Act will be engaged at incident sites; and the standards listed in the Schedules are central to evidentiary strategy in any enforcement or civil litigation scenario.

The Regulations have been amended several times since their initial Gazettal in 2015. The compilation table at the end of the instrument records the legislative history and effective dates; key changes are described in the amending notes within the text.

Principal publications and commencement

Electricity (Network Safety) Regulations 2015, published 5 August 2015, with the substantive regulations commencing on 6 August 2015 (regulations 1 and 2, and compilation table). The Regulations replaced the Electricity (Supply Standards and System Safety) Regulations 2001 (regulation 42).

Subsequent amendments recorded in the compilation table

Electricity (Network Safety) Amendment Regulations 2017: Published 1 August 2017, with substantive provisions commencing 1 November 2017 (compilation table). The 2017 amending instrument made multiple textual changes; several definitions and references in regulation 3 and elsewhere were updated with the 2017 amendment (see footnote in regulation 3 and inserted headings in Schedules).
Electricity Amendment Regulations 2018 Pt. 4: Published 2 October 2018, with amendments commencing 1 January 2019 (compilation table). The 2018 amendment inserted certain definitions in regulation 28 concerning applicable standards for poles and underground cables (regulation 28 was amended: Gazette 1 Aug 2017 p. 4111‑12; 2 Oct 2018 p. 3794).
Electricity (Network Safety) Amendment Regulations 2021 (SL 2021/218): Made 17 December 2021, with substantive provisions commencing 18 December 2021 (compilation table). The 2021 amendments are significant and introduced a number of updates across the Regulations, including insertion and amendment of Schedules 1 and 2 and additional references to standards. The amending citations appear throughout the text, e.g. “Regulation 3 amended: SL 2021/218 r. 4,” “Regulation 4 amended: SL 2021/218 r. 5,” and multiple other amendments marked SL 2021/218 r. 11 and r. 12 for Schedule insertions and regulatory text changes.

Textual changes summarised in the instrument

Insertion of regulation 5A: The duty of network operator to ensure safety of the network was inserted (Regulation 5A inserted: SL 2021/218 r. 6). This new explicit duty, with associated record‑keeping obligations, sits alongside existing duty provisions.
Division 3 approvals mechanism: Regulation 17 creates an approval mechanism for the Director to approve standards and codes for evidentiary effect; this is noted as amended or inserted in 2021 (regulation 17 amendments: SL 2021/218 r. 11).
Schedules updated: Schedules 1 and 2 were expanded in 2021 to list many specific standards and codes as evidentiary or obligatory provisions across categories (Divisions within the Schedules were inserted: SL 2021/218 r. 11). The Schedules include a mixture of AS, AS/NZS, ENA Docs and HB codes.
Penalty and consequential amendments: The Electricity Regulations 1947 were amended (regulation 44) to insert a new Table 4 listing offences under the Network Safety Regulations with modified penalties for individuals and corporate bodies for certain items. This provides an alternative, often lower, modified penalty regime for some contraventions for the purposes of the older Regulations and enforcement practices.

Transitional provisions

Regulation 46(1) transitions standards and codes approved by the Director under the repealed regulations to approvals under regulation 17 of the new Regulations. Regulation 47 ensures notifiable incident reports that predate commencement but remain within submission periods are subject to the new regulation 24.

Practical effect of the amendment history

Standard updates and SMS requirement. The 2021 amendments strengthen the standards framework by explicitly listing many standards in Schedules 1 and 2 and by clearly prescribing the AS 5577 SMS route for large operators. The 2017 and 2018 amendments clarified applicable standards for poles and underground cables (regulation 28), and other technical refinements followed.
Administrative detail. The amendments expand Director discretion (approval, revocation and publication) and update record keeping and notification obligations (for example the newly inserted regulation 5A’s specific record and location obligations).

For compliance teams and lawyers, the amendment history is relevant for three reasons: first, it identifies the current standards referenced; second, it shows the cadence of regulatory evolution and the Director’s role in approving standards; third, it confirms transitional arrangements for approvals and pending incident reports. Always cross‑check the version history and compilation notes when advising on compliance for events near amendment dates because specific duties (for example the inclusion of regulation 5A) may post‑date earlier incidents.

The text of the Regulations as provided does not cite or list any judicial decisions or administrative determinations applying or interpreting the Regulations. The instrument itself does not contain case law references, and the Schedules and consequential amendments do not name cases. Therefore, no litigation history is recorded within the Regulations.

What the Regulations provide about review and dispute resolution , and where litigation would likely occur

Administrative review pathways are embedded. Decisions of the Director specified in regulation 34 are subject to review by the Director itself (regulation 35). If aggrieved by a Director determination, a person may apply to the State Administrative Tribunal on questions of law or request a technical review panel for other matters (regulation 36(1)). The technical review panel route is an extra‑judicial specialised review with determinations that are final in respect of the particular decision (regulation 36(6)). If the SAT is invoked on a question of law, its decision may direct the Director under the State Administrative Tribunal Act 2004 and the Director is required to reconsider accordingly (regulation 36(5)).
Court litigation potential. Enforcement actions for regulatory contraventions will be conducted before courts of competent jurisdiction when criminal prosecution or civil penalties are pursued. The Regulations set monetary penalties for contraventions that a court would order on conviction or in penalty proceedings. The Regulations do not specify civil penalty proceedings (as distinct from criminal sanctions), so civil enforcement is likely to follow the normal prosecutorial pathways in WA courts where offences are charged.
Technical review panels and costs. The Regulations create an administrative review mechanism (technical review panels) that can determine reviews and allocate costs against a party where the panel confirms the decision under review (regulation 39). That administrative finality reduces the number of matters that reach courts for pure technical disputes because the panel’s determination is final under regulation 36(6). However, if a question of law is involved, the SAT remains the route.

Practical note for litigators and compliance counsel

As the Regulations themselves do not record case law, practitioners should search tribunal and court databases, and the SAT decisions registry, for any decisions applying these Regulations post‑2015 and post‑amendments (particularly after the insertion of regulation 5A and the Schedules updates in 2021). Any judicial or tribunal interpretation on “reasonably practicable” balancing, evidentiary effect of compliance with standards or the Director’s discretion to approve standards would be material to enforcement risk assessment.
Where a network operator or individual faces enforcement action, defences will most likely rely on demonstrating that the operator complied with an SMS meeting AS 5577 (regulation 16), compliance with obligatory/evidentiary standards (regulations 19-20), and the “reasonably practicable” analysis mandated in regulation 3(1). The joint venture defence in regulation 40 is very narrow and applies only to named companies listed in regulation 4(2) and 4(3).

Summary statement

The Regulations do not contain an internal litigation record. Disagreements under the Regulations are channelled into administrative review with SAT and technical panel routes; court involvement would principally occur through criminal or statutory penalty prosecutions. For any precedent or interpretive guidance, practitioners must consult tribunal and court databases and administrative decisions that post‑date the Regulations, and check for any judicial treatment of the “reasonably practicable” balancing factors as applied in network safety contexts.

This section highlights non‑obvious compliance traps, sources of uncertainty and procedural pitfalls grounded in the Regulations’ text.

“So far as is reasonably practicable” is a fact‑sensitive economic balancing test. The Regulations define what the balancing must weigh (regulation 3(1)), explicitly requiring consideration of cost and whether cost is grossly disproportionate to risk. That means lower costs do not automatically justify non‑compliance and operators must document the balancing exercise. Failure to record the reasoning could undermine defences that rely on the “reasonably practicable” standard (regulation 3(1), regulations 5A, 6, 7, 8, 9).
Evidence of compliance via SMS or standards is only evidentiary, not absolute immunity. Compliance with a safety management system that complies with AS 5577 is evidence of compliance with regulations 5A and 6 (regulation 16). Similarly, compliance with obligatory/evidentiary provisions is evidence of compliance with regulations 6 or 7 (regulation 20). These are evidentiary presumptions, not statutory bars to prosecution. An operator may still face enforcement if investigators can demonstrate material non‑compliance despite having followed an SMS or standard.
Operator classification matters for compliance path. Whether an operator is in Division 2 (must implement AS 5577 SMS) or Division 3 (must comply with obligatory provisions) is determined by regulation 10 and the operator list in regulation 4. Operators that become network operators by transfer can inherit immediate obligations if the prior operator had an SMS in place (regulation 12(2)(b)(i)). The timing and status of operators thus materially affects required processes and deadlines.
Strict timing obligations with limited options for extension. Notifiable incident reports must be delivered within 30 working days after occurrence (regulation 24(1)); the Director may allow an extension in writing. Failure to report or late report is an offence (regulation 24). Similarly, deadlines for annual objectives (by 30 November, regulation 31) and quarterly outcomes (within 40 working days after quarter end, regulation 32) are strict and subject to penalties. Extensions require Director approval and are discretionary.
Retention and preservation of physical evidence creates operational friction. Operators must secure and retain physical evidence until the Director authorises release or takes possession (regulation 23(3)), and are prohibited from destroying or disposing of evidence (regulation 23(6)). If the Director notifies that an inspector will exercise powers under the Energy Coordination Act, operators must avoid site disturbance (regulation 25). This can suspend normal repair or restoration work and requires operational contingency planning.
Destructive testing has a short Director window to prohibit. A network operator that believes destructive testing is required must notify the Director; the Director has five working days to prohibit the testing (regulation 26(1)). If the Director does not prohibit within five working days, the operator may proceed. Operators must therefore be ready to secure alternative arrangements in that short window and consider nominating a Director witness (the Director may nominate a witness and the operator must permit witnessing, regulation 26(2)-(3)).
Publication requirements invite reputational discipline and require internal data discipline. Annual objectives must be consistent with the operator’s construction and maintenance programme and must explain development methodology (regulation 31(2)-(4)). Quarterly outcomes must show actual performance and cannot be amended without Director approval (regulation 32(5)(b)). Publishing incorrect or inconsistent figures can trigger Director scrutiny and penalties; data governance and audit trails are essential.
Director discretion creates regulatory uncertainty for some operators. The Director may approve or revoke standards, extend timeframes, approve later implementation days, and publish opinions on objectives/outcomes (regulations 11(5), 14(3), 17(2)-(4), 33). Where compliance or evidentiary effect depends on Director approval, operators may face uncertainty while awaiting decisions.
Technical review panels are final and may impose costs on unsuccessful applicants. If a person requests a technical review and the panel confirms the Director’s decision, the applicant is liable for reasonable costs of the review (regulation 39). This raises a financial risk for applicants pursuing administrative review via technical panels, because their exposure includes remuneration and consultancy costs of the panel (regulation 39(3)).
The joint venture defence is narrow and only applies to specific enumerated companies. Regulation 40 provides a defence for companies listed in regulation 4(2) and 4(3) if another company complied with the obligation; it does not extend to other corporate groups or wider corporate structures. Operators should not assume group‑level defences without checking applicability.
Schedules list multiple technical standards which change over time. The Regulations adopt standards by reference (Schedules 1 and 2 and regulation 17); many standards are subject to periodic revision by Standards Australia, ENA, or international bodies. Where AS 5577 is amended, operators have six months to revise SMSs unless the Director extends that period (regulation 14(2)-(3)). Operators must monitor standards amendments and track Director approvals for newly listed standards.
Notices and administrative formality are enforceable. Regulation 41 requires operators to notify the Director of contact details and related bodies corporate within tight timeframes (20 working days for current operators, 30 working days before becoming or ceasing to be an operator) and prescribes that notices must be in a Director‑approved form (regulation 41(6)). Failure attracts penalties and can impair regulatory communications at critical times.
Modified penalties and legacy enforcement settings. The Electricity Regulations 1947 were amended to provide modified penalties for specified offences under these Regulations (regulation 44). Enforcement practice may therefore involve assessing whether the modified penalty regime or the primary regulatory penalty applies in any given enforcement case. Practitioners must check which penalty schedule the prosecuting authorities intend to enforce.

These “gotchas” emphasise that compliance is not purely technical; it requires administrative discipline, proactive standards monitoring, rapid incident response capability, careful record keeping of cost/risk tradeoffs under the “reasonably practicable” test, and strategic use of the evidentiary devices the Regulations provide.

Practical, source‑grounded compliance steps for network operators, contractors and individuals operating under the Regulations. Each step cites the controlling provision so it can be mapped to internal policies and audit checkpoints.

Determine regulatory classification and implementation timing (regulations 4, 10-12)
- Confirm whether you are a network operator under regulation 4(1). If so, determine whether Division 2 applies (regulation 10), which requires an AS 5577 safety management system (regulation 13), or whether you are subject to Division 3 (regulation 18).
- If Division 2 applies, nominate an implementation day at least 20 working days before (regulation 11(2)) or rely on the default implementation day (the last day of the two year period after you become a network operator) (regulation 11(4)(a)). If you need a later date, apply to the Director in writing with reasons (regulation 11(5)-(6)).
Develop and maintain an appropriate safety management system or comply with obligatory provisions (regulations 13-16; 19-21)
- Division 2 operators: develop an SMS that applies to all your networks and complies with AS 5577 (regulation 13(1)). Build revision processes to meet AS 5577 review requirements (regulation 14(1)). Ensure your SMS includes auditing and record‑keeping processes because compliance with SMS auditing/recording is itself required (regulation 15(2)) and compliance with an SMS is evidence of meeting general duties (regulation 16).
- Division 3 operators: review Schedule 2 obligatory provisions and make operational changes to ensure prescribed activities comply (regulation 19). Where appropriate, confirm which Schedule 1 evidentiary provisions apply and, if considering other standards, submit them to the Director for potential approval (regulation 17(2)-(3)).
Embed the “reasonably practicable” test in decision frameworks (regulation 3(1))
- Create documented risk assessments that record likelihood, consequence, known mitigation measures, availability/suitability and cost vs benefit reasoning (including whether costs are grossly disproportionate). Ensure records explain how good industry practice was considered (regulation 3(1) definition) because enforcement decisions will scrutinise this evidence when assessing compliance with duties in regulations 5A, 6, 7 and 8.
Implement training, supervision and competency frameworks (regulations 6(2)(c), 7(2)(a), 21)
- Provide instruction, training and supervision proportionate to the nature of prescribed activities and the competence of personnel (regulation 6(2)(c), regulation 7(2)(a)). For Division 3 operators, ensure persons have access to work standards and are assessed as competent (regulation 21(1)). Maintain training records and competency assessments as part of compliance records (regulation 5A(4), regulation 6(4)).
Maintain and make available accurate network location records (regulation 5A(5))
- Keep up‑to‑date location records of network assets and make them accessible on request for safety reasons. Maintain change logs and document distribution of records to contractors and relevant third parties (regulation 5A(5)). Treat these records as compliance documents that may be inspected.
Incident response, notification, evidence preservation and investigation (regulations 22-26)
- Establish an incident response plan that identifies what constitutes a notifiable incident (regulation 22) and procedures for immediate notification to the Director as soon as possible in a Director‑approved manner (regulation 23(1)). Include in notifications details of protective device operations where relevant.
- Secure physical evidence and prevent unauthorised disturbance until the Director says otherwise or the Director takes possession (regulation 23(3)). Where an electricity inspector proposes to exercise powers under the Energy Coordination Act 1994, ensure the site is not disturbed in a way that prejudices examinations and notify contractors accordingly (regulation 25).
- If destructive testing is needed, notify the Director and be prepared for a 5 working day prohibition window; allow a Director‑nominated witness to attend destructive testing (regulation 26).
Timely reporting and content requirements (regulation 24)
- Prepare an investigation report within 30 working days after the incident containing the items listed in regulation 24(2): incident description, cause or unknown status, investigation steps, proposed SMS revisions (if applicable) with timing, plus supporting materials (photographs, expert opinions, tests, maintenance records). Keep evidence of attempts to collect missing data to justify any requested extensions from the Director.
Publish safety objectives and quarterly outcomes (regulations 31-33)
- For operators in Division 2, prepare an annual statement of objectives for each type of network safety performance incident, setting maximum numbers for the current and next three financial years, explain methodology and show consistency with construction and maintenance programmes; deliver to the Director and publish on the operator’s website by 30 November (regulation 31).
- Establish data collection and governance to produce quarterly outcomes within 40 working days after each quarter (regulation 32). Retain published statements and outcomes on the website for four years and do not amend outcomes without Director approval (regulation 32(5)). Anticipate Director commentary (regulation 33) and have briefing materials ready to respond.
Records, auditing and internal compliance audits (regulations 5A(4), 15(2))
- Maintain records sufficient to demonstrate compliance with duties (regulation 5A(4)). For Division 2 operators, ensure your SMS includes periodic auditing and that audits are documented; the operator must ensure auditing and record‑keeping requirements in the SMS are complied with (regulation 15(2)). Maintain traceable audit trails and remedial action logs.
Contractor management and contract terms (regulations 7, 15)

Revise contracting templates to require adherence to the network operator’s SMS (if applicable) and to require training, supervision and competency assessment by contractors (regulations 7(2) and 15(3)). Include right of audit, reporting obligations, incident cooperation clauses and evidence preservation obligations. Train contract managers to enforce these clauses and keep records of contractor inductions and communications.

Standards monitoring and Director approvals (regulation 14(2)-(3), 17)

Monitor amendments to AS 5577 and other relevant standards listed in Schedules 1 and 2. If AS 5577 is amended, schedule revision of the SMS to comply before the later of the amendment’s specified time or six months after publication, or apply for an extension from the Director with reasons (regulation 14(2)-(4)). Where operators seek evidentiary status for other standards, submit them to the Director for approval under regulation 17(2) and track the Director’s published approvals.

Administrative steps and notice obligations (regulation 41)

Provide the Director with required contact details, ACN (or equivalent) and related bodies corporate within the specified timeframes: 20 working days from commencement for existing operators, 30 working days prior to becoming or ceasing to be an operator (regulation 41(2)-(4)). Ensure notices use the Director‑approved form (regulation 41(6)).

Prepare for review and legal challenge pathways (regulations 34-39)

Maintain documentation to support any Director review under regulation 35 and be prepared to either seek the SAT on questions of law or request a technical review panel for other matters (regulation 36). Understand the cost risk if a technical review panel confirms the Director’s decision: the requesting party may be liable for the panel’s reasonable costs (regulation 39).

Insurance and commercial risk management

Revisit insurance policies to ensure coverage for regulatory fines, liabilities arising from incidents, and defence costs. Ensure contractor indemnities, contractual risk allocation, and business continuity plans account for potential site preservation requirements and publication of outcomes.

Continuous improvement

Use incident investigations and quarterly performance reporting to identify systemic weaknesses and revise SMSs, work practices and training programs. If revisions to an SMS are proposed after an incident, report anticipated revisions and the proposed timing to the Director in the incident report as required (regulation 24(2)(e)).

These compliance steps, tied to specific regulatory provisions, should be operationalised into policies, checklists and audit schedules. For legal advice on enforcement matters, regulatory approvals or novel standard approvals under regulation 17, consult specialised regulatory counsel and be prepared to engage technical experts to support evidentiary claims about design, construction and operational safety.

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