Conflicts of Interest
A robust and transparent approach to disclosure of interests is essential to preserve the integrity of the AEMC’s decision-making and to ensure that people with energy sector experience and knowledge are available to serve the Commission.
By law the AEMC and the Commissioners are required:
to identify interests that may fall within a ‘direct or indirect’ interest that could conflict with the proper performance of the Commissioner’s functions
to manage conflicts of interest if they arise in relation to matters being considered at a meeting of the Commission
to disclose any interest of a Commissioner at a meeting of the Commission
to record any disclosure of a conflict of interest by a Commissioner in the minutes of the Commission meeting
to make a decision about the appropriate action to be taken (if any)
to record any decision about the appropriate action to be taken (if any) in the minutes of the meeting of the Commission.
The AEMC has established processes to put into effect these requirements, (including cases where it is possible that a perception of a conflict of interest might arise).
Any third parties with concerns about possible conflicts of interest are invited to raise them with the AEMC’s Chief Executive.
The AEMC has a policy of open disclosure regarding arrangements by each of the Commissioners for the ongoing management of conflicts of interest:
Mr John Pierce was appointed as the full time Chairman of the AEMC by the Governor of South Australia on 2 June 2010. Mr Pierce was nominated for the appointment by the States and Territories Ministers who are members of the Ministerial Council on Energy (MCE).
Mr Pierce is appointed in a full time capacity and has no conflicts which require management.
Mr Pierce is currently a member of the UNSW Australian School of Business Advisory Council. He is also a Board member of the Regulatory Policy Institute Advisory Board and the Department of Economics Industry Advisory Board at Macquarie University
Dr Brian Spalding was originally appointed as a part time Commissioner of the AEMC by the Governor of South Australia, effective from 19 April 2010. Dr Spalding was nominated for the appointment by the Minister of the Commonwealth, a member of the MCE, now known as the COAG Energy Council. The original appointment was for three years. Dr Spalding's appointment was renewed and will extend until 18 April 2019.
Dr Spalding is currently a member of the Energy Saving Scheme Committee and the Energy Networks Regulation Committee of the Independent Pricing and Regulatory Tribunal.
Dr Spalding makes the following statement about the arrangements he has put in place to manage (perceived or actual) conflicts of interest:
“1. Any potential involvement on my part in matters relating to the energy sector, which are not within the jurisdiction of the AEMC would be disclosed to the Chairman of the AEMC before being involved in such matters to ensure no potential conflict may arise.
2. Confidential information obtained in my capacity as a Commissioner will not be disclosed or used for purposes other than the proper purposes.”
Mr Neville Henderson was appointed as a part time Commissioner by the Governor of South Australia on 19 October 2009. Mr Henderson was nominated for the appointment by the States and Territories Ministers who are members of the MCE. Mr Henderson’s appointment was renewed on 19 October 2014 and will extend until 18 October 2017.
Mr Henderson has no conflicts which require management.