Under Section 22 of the Australian Energy Market Commission Establishment Act 2004 (SA), AEMC Commissioners must disclose any direct or indirect conflicts of interest in any matter the AEMC is considering. These disclosures are formally minuted and are also published on the AEMC website.

A robust and transparent approach to disclosure of interests and managing potential conflicts is essential to preserve the integrity of the AEMC’s decision-making and to ensure that people with relevant experience and knowledge are available to serve the Commission.

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 to manage the potential conflict (if any)
  • to record any decision about the appropriate action to be taken (if any) in the minutes of the meeting of the Commission
  • to provide a summary of these matters and decisions in the AEMC's annual report.

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 Chair.

The AEMC has a policy of open disclosure regarding arrangements by each of the Commissioners for the ongoing management of conflicts of interest.

Commisioners

Ms Anna Collyer was appointed as the full time Chairperson of the AEMC by the Governor of South Australia with effect from 1 February 2021. Ms Collyer is appointed for a period of 5 years and her term expires on 31 January 2026.

Ms Collyer is entitled to post retirement income from Allens following her retirement from the partnership, which is determined by a set formula. To manage any actual or perceived conflict, Ms Collyer has waived her entitlement to this income for the duration of her term as Chairperson.

Ms Collyer is a board member of the Institute for Climate Risk and Response (ICRR) at the University of New South Wales. The ICRR was recently established at the University of New South Wales with a stated mission of empowering business, government and society to address the risks and opportunities of climate change. The ICRR’s team investigates climate risks across governments and industries and develop specific advice on how to approach and manage climate-related risks. The board of the ICRR includes members from both private and public sectors. 

To manage any actual or perceived conflict, Ms Collyer will monitor and inform the Commission of any matter that could give rise to a potential conflict in relation to the work undertaken by the ICRR. If a conflict may arise, Ms Collyer will absent herself from any relevant decision-making of the ICRR.

Ms Collyer does not consider that she has any other commitments that give rise to conflicts that require management.

Mr Tim Jordan was appointed as a part-time Commissioner of the AEMC by the Governor of South Australia with effect from 10 October 2022. Mr Jordan is appointed for a period of 5 years and his term expires on 9 October 2027.

Mr Jordan does not consider that he has any commitments that give rise to conflicts that require management.

Ms Sally McMahon was appointed as a part-time Commissioner of the AEMC by the Governor of South Australia with effect from 10 October 2022. Ms McMahon is appointed for a period of 5 years and her term expires on 9 October 2027.

Ms McMahon is the Independent Chair of the Market Advisory Committee (MAC), Pilbara Advisory Committee (PAC) and Gas Advisory Committee (GAB) in relation to the Wholesale Energy Market Rules, Pilbara Network Rules and Gas Service Information Rules, respectively, in Western Australia.

The Independent Chair’s role is to manage the activities of the MAC, GAB and PAC and to facilitate the delivery of their work. Under the Rules that govern the MAC, PAC and GAB, the Independent Chair must, in the opinion of the responsible Minister, be free from any business or other relationship that could materially interfere with the independent exercise of the judgement of the Chair. In addition all minutes of meeting, meeting papers and advices of the MAC, PAC and GAB are accessible to the public here: MAC, PAC and GAB.

To manage any actual or perceived conflicts, Ms McMahon will:

  • When chairing the MAC, PAC and GAB and when facilitating the provision of advice from those bodies to any third party, ensure that any written statements or records of meetings make clear that the Chair is an independent Chair and that the advice represents the views of the MAC, PAC or GAB (as applicable) and does not necessarily reflect the views of the Chair.
  • Monitor and inform the Commission of any matter that could give rise to a potential conflict in relation to her role as Chair or the work of the MAC, PAC and GAB to ensure it is considered and, if necessary, an appropriate management plan is implemented. If a conflict may arise, Commissioner McMahon will absent herself from the relevant decision-making of the MAC, PAC or GAB or the decision-making on the relevant matter of the AEMC, as appropriate.

Ms McMahon is a managing director of Sally McMahon and Associates. To manage any actual or perceived conflict, she will not engage in advisory work related to Australian energy markets by way of Sally McMahon and Associates for her term as Commissioner.

Ms McMahon is a part-time Councillor of the National Competition Council. The NCC is an independent agency that has a role in assisting Ministers to determine whether significant infrastructure services should be subject to regulation under the National Access Regime. This is a reactive role, and the level of work is determined by the number of applications. The NCC is also empowered to carry out research and provide advice on other matters referred to it by the Minister. To manage any actual or perceived conflicts, Ms McMahon will recuse herself from any decisions related to energy infrastructure.

Ms McMahon does not consider that she has any other commitments that give rise to conflicts that require management.

Ms Lana Stockman was appointed as a part-time Commissioner of the AEMC by the Governor of South Australia with effect from 30 September 2024. Ms Stockman is appointed for a period of 5 years and her term expires on 29 September 2029. 

 Ms Stockman is a board member of New Zealand’s Electricity Authority. The Electricity Authority has a number of functions, including: contracting services to manage the day-to-day operation of the electricity system and markets; monitoring and enforcing compliance with NZ electricity law, regulations and code; and making regulatory instruments and related decisions (including determining principles that guide the setting of electricity tariffs) that regulate the NZ electricity market.

To manage any actual or perceived conflicts, Ms Stockman will monitor and inform the Commission of any matter that could give rise to a potential conflict in relation to her role in exercising the regulation-making, enforcement and compliance, network pricing principles or market and system operation functions of the Electricity Authority. If a conflict may arise, Commissioner Stockman will absent herself from the relevant decision making of the Electricity Authority or AEMC, as appropriate.

Ms Stockman does not consider that she has any other commitments that give rise to conflicts that require management.

Mr Rainer Korte was appointed as a part-time Commissioner of the AEMC by the Governor of South Australia with effect from 30 September 2024. Mr Korte is appointed for a period of 5 years and his term expires on 29 September 2029. 

Mr Korte is a board member of CIGRE Australia. CIGRE is a global not-for-profit whose members collaborate and share technical expertise and solutions relating to the development and operation of high-voltage power systems. CIGRE Australia oversees CIGRE activities in Australia, including Australia’s contributions to CIGRE globally. A key value of CIGRE is impartiality - providing unbiased technical information and solutions to electric power systems issues and problems. CIGRE Australia does not develop or advocate energy policy positions.

To manage any actual or perceived conflict, Commissioner Korte will monitor and inform the Commission of any matter that could give rise to a potential conflict in relation to his role at CIGRE Australia. If a conflict may arise, Commissioner Korte would absent himself from the relevant decision making of CIGRE Australia or AEMC, as appropriate.

Chief Executive

Benn Barr’s term as Chief Executive of the AEMC will end on 17 March 2025. Mr Barr will begin his new role as Executive General Manager- Regulation, Strategy and Risk at Energy Queensland Limited on 19 May 2025.

To manage any actual or perceived conflicts, from 18 February 2025 until the end of his employment at the AEMC Mr Barr will absent himself from all AEMC decision-making processes relating to current rule changes, reviews and advices. Further, for the remainder of his employment at the AEMC he will not have access to Commission and staff-level papers relating to upcoming meetings on current rule changes, reviews and advices nor participate in any policy-related meetings.