Establish and document an SMS consistent with AS 5577: Network operators must adopt an SMS in accordance with Australian Standard AS 5577,2013 and ensure the system deals with the matters listed in clause 7(1)(b), including safety and reliability, public advice on hazards, bush fire risk management for network assets and aerial consumers mains on bush fire prone private land (clause 7). The SMS must specify where it departs from any Minister-specified code, standard or guideline and state arrangements delivering equal or better outcomes (clause 7(2)-(3)). Ensure documentation explains rationale for departures and maps to AS 5577 clauses.
Implement and communicate the SMS: Operators must implement the SMS and make it readily accessible and brought to the attention of those involved in implementation (clause 8). Practical steps include training programmes, accessible policy repositories, internal compliance officers or teams tasked with overseeing SMS implementation, and a communications plan ensuring contractors and staff understand relevant procedures.
Measure, publish and notify the Tribunal: Operators must measure performance against the SMS and publish annual results, keep copies at their principal office and make them available on their website and to customers and the public as far as practicable (clause 10(1)-(2)). Before publication, give the Tribunal written notice of the intention to publish and the proposed publication date (clause 10(3)). Retain records of the notice and of the published material. If operator believes publication would not be in the public interest, prepare a submission to the Tribunal that explains the reasons to seek exemption under clause 10(4).
Arrange independent audits and engage Tribunal-approved auditors: Ensure audits under clause 11 are carried out by nominated auditors who are independent and competent, and nominated in accordance with Tribunal procedures (clause 12(1)-(4)). Operators should consult the Tribunal’s published panel and nomination procedures on the Tribunal website, nominate auditors in writing per those procedures, and retain audit engagement letters that document independence and scope. Audit reports must address the matters listed in clause 11(4), including whether the SMS achieves the primary objective, is in accordance with AS 5577 and clause 7(1)(b), is appropriate to the network’s size and complexity, and is being properly implemented. Provide audit reports to the Tribunal as soon as practicable after completion (clause 11(1)(b)).
Respond promptly to Tribunal directions and remediate as required: If the Tribunal issues a direction under clause 13 to implement or modify an SMS based on an auditor’s report, comply within the period specified and provide the evidence required, including follow-up auditor reports if asked (clause 13(1)-(4)). Maintain project plans, budgets and documented evidence of remediation steps to demonstrate compliance.
Review SMS after changes and at least every five years: Put in place a scheduled review process that triggers after any significant change in design, operation or maintenance and at least once every five years starting from when the SMS was first required under clause 7 (clause 14(1)). Define “significant change” in internal procedures to include engineering upgrades, changes in safety risk profiles and alterations to risk mitigation measures (clause 14(3)).
Apply for and maintain accreditation under Scheme Rules: For persons providing contestable services, follow the Scheme Rules for application format, required information, and fee payment (clauses 15 and 17(2)). Ensure application packages evidence competence, fit and proper status, governance arrangements and any required supporting material. Track renewal windows carefully: renewals may be lodged no earlier than one month before expiry and no later than the day before expiry; an accreditation subject to a renewal application remains in force until the Secretary determines the renewal (clause 19).
Manage conditions, suspensions and reviews proactively: Accept that the Secretary may impose or vary conditions at any time while accreditation is in force and ensure written records to support any application for variation or revocation of a condition relating to supervision, inspection or auditing (clause 21). If the Secretary proposes suspension or cancellation, prepare representations promptly since clause 22 requires reasonable opportunity to make representations before suspension or cancellation. Maintain records to rebut claims of incompetence, regulatory breaches or provision of false information, which are grounds for suspension or cancellation (clause 22(1)).
Maintain public listing and contact details: Ensure the Secretary’s public list of accredited persons contains accurate names and contact details and is kept up-to-date (clause 27). Provide the Secretary with timely updates to avoid inaccuracies that may affect reputation or lead to compliance queries.
Observe excavation notice and information timing: Before commencing notifiable excavation work in a distributor’s distribution district, ensure a power lines information request under section 63Z of the Act has been made no earlier than 30 days before work commences, unless another person made the request within that period (clause 30(2)). If power lines information requires notice to be given to the network operator before commencement, do not start until notice and any requested information have been supplied (clause 30(1)). Keep copies of requests and responses and ensure operating crews have access to the power lines information and consider it when excavating (clause 30(3)).
Follow notification channels for damage to underground lines: If required by section 63ZA(1) to notify a network operator of damage, use the contact telephone number provided by the designated information provider, or if none provided, telephone the emergency contact number listed in a telephone or internet directory (clause 32). Log all notifications and follow-up communications.
Comply with tree management planning and consultation requirements: For distributors, prepare tree management plans that identify species lists, trimming schedules, emergency trimming arrangements, accredited contractor use, cost allocation with councils, environmental factors and public education programmes where appropriate (clause 37). Prepare and publish plans only after providing an opportunity to comment to relevant councils, residents and local community groups (clause 38). Keep records of consultation and rationale for chosen methods, including why alternatives such as aerial bundled cables or undergrounding were considered and why they were not feasible if tree removal or substantial trimming is undertaken (clause 36(2)).
Plan disconnection procedures with medical device safeguards: Before disconnecting premises, give notice to the person seeking connection of required remedial steps and, where reasonable, notify the customer of proposed disconnection (clause 39(2)-(3)). In non-immediate-danger situations ensure arrangements are in place for anyone whose life may be endangered by loss of electricity due to a medical device before disconnection action is taken (clause 41). Maintain procedures for rapid assessment and communication to handle immediate danger disconnections under clause 40.
Retain evidence and records for Tribunal interactions: Because the Tribunal may require reports relating to injuries, incidents or system failures under clause 42, maintain incident registers, investigation reports, safety improvement actions and audit histories. Be prepared to supply those records promptly in response to Tribunal notices and to evidence compliance with any directions.
Engage early with the Tribunal and Secretary on contentious matters: Where publication, accreditation or remedial directions are likely to intersect with commercial sensitivity, public interest or technical contests, seek early engagement with the Tribunal and Secretary. Use the Regulation’s procedural windows for representations where suspension, cancellation, or exemption is contemplated (clauses 10(4), 21(2) and 22(2)).
Maintain insurance and review exposure to capped liabilities: Be aware that the designated information provider’s negligence liability in specified circumstances is capped at $10 million (clause 33). Other parties should confirm their contractual and insurance positions since the Regulation does not create caps for all liabilities. Ensure insurance placements and contractual risk-allocation reflect statutory obligations and potential penalty exposure under the Regulation.
Document governance and fit-and-proper evidence: For accreditation applications and renewals, ensure directors’ records, compliance histories, prior accreditation records, and any relevant convictions or regulatory actions are transparent and explained. The Secretary may refuse accreditation or suspend on grounds related to fit-and-proper status and prior suspensions or cancellations (clause 18(3) and clause 22(1)).
Delegate clearly and keep records: If functions are delegated under clause 43, document delegation instruments and keep records of which official made which decision, because review routes under clauses 23-25 depend on whether the Secretary personally made a decision or a delegate did.