Energy Arbitration and Review Act 1998

Except as provided in subsection (2), the arbitrator is independent of direction or control by the Crown or any Minister or officer of the Crown in the performance of the arbitrator’s functions.

The Minister may give directions in writing to the arbitrator to the extent allowed by subsection (3), and the arbitrator is to give effect to any such direction.

Directions under subsection (2) —

may relate only to general policies to be followed by the arbitrator in matters of administration, including financial administration; and

cannot constrain the arbitrator with respect to the performance of any function referred to in section 73(1).

If a direction is given under subsection (2), the arbitrator is to cause the text of the direction to be published in the Gazette within 14 days after the direction is given and, within 14 days after any person asks the arbitrator to give to the person a copy of the direction, the arbitrator is to comply with the request.

The text of a direction given under subsection (2) is to be tabled in both Houses of Parliament not later than 14 sitting days of the day on which the direction was given and included in the annual report submitted by the arbitrator under Part 5 of the Financial Management Act 2006.