The Western Australian Electricity Review Board hears appeals on electricity matters against various regulatory decisions relating to licensing, access, coverage and the Wholesale Electricity Market. It also hears appeals on gas access matters arising under the old access regime, the Gas Pipelines Access (Western Australia) Act 1998.
For the purposes of constituting the Board there are to be two panels – the Panel of Legal Practitioners and the Panel of Experts. Members of these panels are nominated by the Minister for Energy and appointed by the Governor.
The Board is constituted by the Attorney General appointing a Presiding Member from the Panel of Legal Practitioners who, in turn, appoints two members from the Panel of Experts.
The Board is established under the Energy Arbitration and Review Act 1998. Broadly speaking, this act provides for the establishment of a Board to review decisions of:
the Economic Regulation Authority (the Authority) regarding access to electricity networks under the Electricity Networks Access Code (the Code);
the Authority made under the Electricity Industry Act 2004 concerning electricity licences, standard form contracts and the Code;
the Independent Market Operator under the Wholesale Electricity Market Rules;
the Minister for Energy on the coverage of network infrastructure under the Electricity Industry Act 2004; and
the Authority regarding access decisions in relation to the Pipelines Access Act.
