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Appendix C: Regulator Performance Framework self-assessment 2019–20

Our 2019–20 self-assessment was conducted against measures published on our website. Some activities are relevant to more than one KPI, however, we have consolidated our reporting to avoid duplication.

KPI 1: WE DO NOT UNNECESSARILY IMPEDE THE EFFICIENT OPERATION OF REGULATED ENTITIES

Result: Target/Estimate met

Opportunities for improvement identified in 2018–19

  • Continue to build knowledge and understanding of industry through ongoing scanning activities, monitoring, data integration and monitoring of market parameters.
  • Continue to streamline entry pathways and scheme compliance reporting requirements through information, communication and technology innovation.

Actions in 2019–20

Throughout 2019–20, we continued to engage with our stakeholders, build our understanding of industry and implement ways to improve participant’s experience when interacting with us. Examples to demonstrate achievement include:

  • publishing a Quarterly Carbon Market Report that consolidates information across the three national carbon markets we administer, to provide a richer understanding of market opportunities
  • completing 99.4 per cent of all scheme applications within statutory or administrative timeframes, which highlights that our processes for collecting participant information and registering them are both efficient and effective
  • improving online applications to make accreditation processes more efficient and scheme compliance reporting requirements easier for participants to submit, and
  • building on our digital capabilities including:
    • introducing single sign-on across several agency systems to simplify participant access
    • upgrading the Australian National Registry of Emissions Units to provide better information on the provenance of Australian carbon credit units, and
    • transitioning systems, data and applications to the cloud.

See Fostering vibrant carbon markets, Part two – Annual performance statement (A trusted and relevant institution), Digital capabilities and Emissions Reduction Fund for more information.

Opportunities for improvement in 2020–21

  • Continue to enhance entry pathways to improve user experience and reduce transaction costs for scheme participants.
  • Enhance geospatial tools and capability for faster and more accurate assessment of claims for Australian carbon credit units and renewable energy certificates.

KPI 2: WE COMMUNICATE WITH REGULATED ENTITIES IN A CLEAR, TARGETED AND EFFECTIVE MANNER

Result: Target/Estimate met

Opportunities for improvement identified in 2018–19

  • Continue to improve on timely and informative communication across the schemes to improve user experience and understanding.

Actions in 2019–20

We regularly review and update our communication material in the context of emerging activities and the maturing of our schemes, to ensure it is useful, tailored and targeted to its audience. Examples to demonstrate achievement include:

  • publishing simple method guides for the Emissions Reduction Fund to improve the access and quality of information on scheme eligibility, participation and project requirements
  • making available a webinar on participating in Australia’s carbon markets to inform participants who may be new to carbon markets, as well as those exploring new options for further participation
  • ensuring our website was available to participants 99.6 per cent of the time, excluding planned outages, and
  • exceeding our target for participant satisfaction with our engagement and guidance. Further examples are provided under KPI 1 above.

See Our compliance outcomes, Online systems and registries and Part two – Annual performance statement for more information.

KPI 3: OUR ACTIONS ARE PROPORTIONATE TO THE REGULATORY RISK BEING MANAGED

Result: Target/Estimate met

Opportunities for improvement in 2020–21

  • Improve the availability, transparency and accuracy of our market data.

Actions in 2019–20

Our documented risk management framework is updated biennially and engages with risk in a positive and transparent way, consistent with the Commonwealth Risk Management Policy. Examples to demonstrate our actions are proportionate to risk include:

  • targeting education activities to engage with agents under the Small-scale Renewable Energy Scheme (SRES), who had not completed the SRES Smart requirements
  • drawing on data analytics and enhanced data matching capabilities to target non-compliance and fraud, and
  • tightening our resubmission policy and strengthening our regulatory responses under the National Greenhouse and Energy Reporting scheme where the data underpins Safeguard Mechanism obligations.

Further examples are available under KPI 4 and KPI 5 below.

See Maturing our approach to compliancefor more information.

Opportunities for improvement in 2020–21

  • Provide guidance and enhanced tools that assist our participants to self-select into our voluntary schemes only if they have adequate capacity and capability to meet the requirements.

KPI 4: OUR COMPLIANCE AND MONITORING APPROACHES ARE STREAMLINED AND COORDINATED

Result: Target/Estimate met

Opportunities for improvement identified in 2018–19

  • Continue to streamline processes and tools through reviewing performance data in terms of processing time, requests for information.
  • Continue to improve on timeframes for investigations.

Actions in 2019–20

In 2019–20, we continued our strong emphasis on enhancing processes and building staff capability as well as information sharing with other regulators. Examples to demonstrate our achievement include:

  • introducing fast track processing of small-scale technology certificate claims that use solar panel validation
  • continuing to enhance our data matching program and our information sharing under Small-Scale Renewable Energy Scheme with the Clean Energy Council and the relevant state and territory electrical safety regulators and fair-trading bodies, and
  • establishing further information sharing arrangements with our regulatory partners, including:
    • the Department of Home Affairs to facilitate collaboration in preventing, detecting and responding to breaches of our legislation
    • other agencies, departments and law enforcement bodies, under Sections 49 and 55 of the Clean Energy Regulator Act 2011, and
    • the Department of Industry, Science, Energy and Resources, under Section 46 of the Clean Energy Regulator Act 2011.

See Renewable Energy Target and Our compliance outcomes for more information.

Opportunities for improvement in 202021

  • Continue to expand the use of analytics and data matching to detect non-compliance.

KPI 5: WE ARE OPEN AND TRANSPARENT IN OUR DEALINGS WITH REGULATED ENTITIES

Result: Target/Estimate met

Opportunities for improvement identified in 2018–19

Continue to publish and disseminate information about our approach to risk and compliance, and compliance and enforcement outcomes.

Actions in 2019–20

We continue to promote a strong risk management culture by embedding the risk management framework into our business planning cycle, our compliance priorities and our day-to-day operations. During 2019–20, we improved communication about our regulatory approach and compliance priorities by:

  • reviewing and publishing our compliance priorities and outcomes each year to increase transparency and accountability of our activities
  • introducing compliance updates featuring information on activities related to our compliance priorities and other important information to promote and support scheme compliance
  • enhancing capability to share real-time data on rooftop PVs with New South Wales Fire and Rescue to inform first responders at a site, and
  • publishing details about enforceable undertakings accepted by us.

Our annual performance statement demonstrates transparency of our performance results. Our KPIs are reviewed annually to ensure they remain fit-for-purpose and are effective in measuring our performance.

Further examples are provided under KPI 2 above.

See Our compliance outcomes, Managing risk and fraud and Enforceable undertakings for more information.

Opportunities for improvement in 2020–21:

  • Continue to publish and disseminate information about our approach to risk and compliance, and compliance and enforcement outcomes.

KPI 6: WE ACTIVELY CONTRIBUTE TO THE CONTINUOUS IMPROVEMENT OF REGULATORY FRAMEWORKS

Result: Target/Estimate met

Opportunities for improvement identified in 2018–19

  • Continue to engage with participants to develop additional resources to facilitate effective participation in our schemes.

Actions in 2019–20

We continued to work closely with our participants and stakeholders to enhance trust, reduce compliance costs and enhance our frameworks and processes. Examples to demonstrate achievement include:

  • piloting an optional delivery contract under the Emissions Reduction Fund, giving the seller the security of a contracted price for ACCUs in order to invest in a new carbon abatement project
  • publishing the Small-scale Renewable Energy Scheme residual systemic safety risks report which provided opportunities for state and territory governments and industry bodies to address the residual risks related to DC isolators
  • linking ACCUs with their source project in the Australian National Registry of Emissions Units, assisting the market to appropriately value ACCUs from projects with co-benefits, and
  • establishing a new Partnerships section in our agency, dedicated to working closely with scheme participants and industry to develop new and innovative ways to reduce emissions and secure abatement.

See Emissions Reduction Fund and Small-scale Renewable Energy Scheme inspections program for more information.

Opportunities for improvement in 2020–21

  • Seek legislative change where necessary to enable administration of agency schemes to adapt to new business models, technology changes.