The AEMC is subject to the Freedom of Information Act 1991 (SA) (the FOI Act).  This information statement has been prepared in accordance with section 9 of the FOI Act.

Structure and Functions of the AEMC

The AEMC is responsible for making and revising the National Electricity Rules, National Gas Rules and National Energy Retail Rules.  We also provide market development advice to Australian governments.  The AEMC is subject to obligations under the Australian Energy Market Commission Establishment Act 2004 (SA) and various other legislation. 

Further information about the corporate structure, functions and governance of the AEMC can be found in the About Us and Governance sections of this website, and in our Annual Reports.

Public submissions

The decisions that are made by the AEMC in pursuance of our statutory functions have the potential to affect members of the public who consume energy produced and distributed in the Australian market.

As part of our rule making responsibilities and also in conducting reviews, we seek submissions and written comments from the public. All submissions are published on our website (subject to the AEMC considering any claim of confidentiality). We may also hold public hearings.  For instance prior to the publication of a draft determination or before a final determination (if a request is made for a hearing).

Information about how members of the public can participate in the exercise of the AEMC’s functions can be found in the Stakeholder Engagement section of this website.

Categories of documents held by the AEMC

The AEMC holds a range of documents relating to, and created or received by us in the course of, the exercise of our statutory rule making and advisory functions. Documents are held both electronically and in hard copy.

We publish, free of charge, some of these documents on this website including:

• documents relating to the rule making process
• documents relating to reviews
• all versions of the National Electricity Rules
• all versions of the National Gas Rules
• all versions of the National Energy Retail Rules

These documents can be freely inspected at our offices at Level 15, 60 Castlereagh Street, Sydney NSW 2000, between the hours of 9am to 5pm, Monday to Friday. Documents that we no longer require access to for current administrative purposes may also be held by State Records (South Australia). A request under the FOI Act is not required to inspect them.

In respect of other documents held by the AEMC, some documents will be exempt from production under the FOI Act, for example documents that would lead to an unreasonable disclosure of a person’s personal affairs, documents affecting business affairs, internal working documents, and documents subject to legal professional privilege.  Further information about exemptions is set out in Schedule 1 to the FOI Act.  Some documents may also be designated as confidential by the AEMC under the Australian Energy Market Commission Establishment Act 2004 (SA).

AEMC procedures relating to the FOI Act

Any inquiries regarding access to other documents held by the AEMC (or amendment of any AEMC records relating to personal affairs) under the FOI Act should be directed to:

Freedom of Information Officer
Australian Energy Market Commission

by email: foi@aemc.gov.au; or

by mail: Level 15, 60 Castlereagh Street, SYDNEY NSW 2000

Applications should be made using the FOI Application, Request for Access to Documents form which can be found on the Making a Freedom of Information Application page and must be accompanied by an application fee.

Arrangements can also be made to inspect or obtain copies of documents and this Freedom of information Statement between 9am and 5pm, Monday to Friday, by contacting the FOI Officer on (02) 8296 7800.

Freedom of Information Disclosure Log

This disclosure log provides a central avenue for members of the public to access information released by the AEMC under the FOI Act.

The following documents will not be disclosed in this log:

• documents or excerpts of documents which include the personal affairs of an individual;
• documents which can be claimed as exempt material pursuant to Schedule 1 of the FOI Act;
• documents which are considered defamatory or those which represent a breach of confidentiality or could be expected to cause harm to a person.

Please note: Some determinations available for public access may have additional information removed. For example, information relating to the personal affairs of an applicant may be redacted, prior to public release.

Information attached to, or referred to, in this log will generally be removed after 12 months.