About EnergySafety
EnergySafety (sometimes also referred to as EnergySafety WA) is responsible for the technical and safety regulation of all the electrical industry and most of the gas industry in Western Australia.
Overview
EnergySafety’s functions date back to the State Electricity Commission of Western Australia, which from the late 1940s held both electricity and gas utility and regulatory functions. In 1975, this State Government body was reformed to become the State Energy Commission of WA (“SECWA”).
On 1 January 1995, SECWA ceased and its utility business was split into two separate, corporatised entities, Western Power and AlintaGas (the latter has since been privatised).
Concurrently, the electrical and gas technical and safety regulatory functions of SECWA were vested in the role of the Director of Energy Safety, a statutory position created by the Energy Coordination Act 1994. This position was administratively located within the Office of Energy, a new department also created on 1 January 1995. The Director headed the Technical & Safety Division (TSD) of that Office.
The Director has independent statutory powers subject only to direction by the Minister and any such direction is required to be reported to Parliament.
On July 1 2002, the Director and all of TSD transferred from the Office of Energy to the Department of Consumer and Employment Protection (DOCEP), as part of restructuring of the Public Service of WA.
The role and functions of the Director and staff did not change. However, the organisation unit became known as EnergySafety, a Division of DOCEP. DOCEP had four other key regulatory functions, each handled by a separate division:
- Consumer Protection;
- Labour Relations;
- Resources Safety; and
- Occupational Safety and Health (WorkSafe WA).
In 2006/07 EnergySafety became fully industry funded. This means that the cost of EnergySafety’s activities is fully met by those who benefit from them, through a combination of licensing and industry levy revenue.
On 1 January 2009, DOCEP was restructured to become the Department of Commerce. EnergySafety remained a division, without any change of role or function. Commerce has five other key operational divisions: Consumer Protection; Labour Relations; WorkSafe WA; Science, Innovation and Business; and the Building Commission.
Functions of EnergySafety WA and the Director of Energy Safety
The responsibilities of the Director of Energy Safety and the supporting EnergySafety Division can be summarised as covering the technical and safety regulation of:
- electricity production;
- electricity transmission and distribution;
- electricity utilisation (consumers’ installations and appliances);
- gas distribution and gas production plants connected to gas distribution systems; and
- gas utilisation (consumers’ installations and appliances).
The principal functions at EnergySafety are:
- administering electricity and gas technical and safety legislation and providing policy and legislative advice to the Minister and Government;
- setting and enforcing minimum safety standards for electricity and gas networks;
- enforcing natural gas and LP gas quality standards;
- for the purpose of ensuring satisfactory billing of consumers by gas suppliers, administering the regulatory scheme that determines the “higher heating value” of natural gas in distribution systems subject to the commingling (mixing) of gas from different sources;
- providing technical advice and support to the Economic Regulation Authority (ERA) and the Energy Ombudsman;
- at the request of the ERA or Energy Ombudsman, investigating the performance of electricity and gas network operators, particularly in respect of energy supply reliability and quality;
- setting and enforcing minimum safety standards for consumers' electrical and gas installations;
- setting and enforcing safety and energy efficiency standards for consumers' electrical and gas appliances;
- licensing electrical contractors, electrical workers and gas fitters and carrying out accident investigations; and
- promoting electricity and gas safety in industry and the community.
Legislation Administered
To achieve EnergySafety’s regulatory objectives, the Director and staff administer a wide suite of legislation:
- Energy Safety Act 2006
- Energy Safety Regulations 2006
- Energy Safety Levy Act 2006
- Energy Coordination Act 1994 (major parts)
- Energy Coordination (General) Regulations 1995
- Electricity Act 1945 (most parts)
- Electricity (Licensing) Regulations 1991
- Electricity Regulations 1947
- Electricity (Supply Standards and System Safety) Regulations 2001
- Gas Standards Act 1972
- Gas Standards (Gasfitting and Consumer Gas Installations) Regulations 1999
- Gas Standards (Gas Supply and System Safety) Regulations 2000
- Gas Standards (Infringement Notices) Regulations 2007
Specific Responsibilities
The legislation provides for the Director, supported by the staff of EnergySafety, to:
- ensure the safety of consumers’ electrical installations and appliances, by:
- licensing electrical workers and electrical contractors (through the functions of the associated statutory Electrical Licensing Board), and enforcing prescribed technical standards for electrical installing work;
- requiring electricity network operators to conduct consumer installation safety inspections in accordance with prescribed requirements and auditing this work to ensure compliance;
- conducting safety inspections of consumers’ electrical installations that are not connected to utility networks; and
- auditing electrical appliances and equipment being offered for sale, to check compliance with prescribed safety and energy efficiency requirements (such as the star rating scheme and MEPS).
- ensure the safety of consumers’ gas installations and appliances (including industrial gas appliances), by:
- licensing gas fitters and enforcing prescribed technical standards for gasfitting work;
- requiring gas network operators, gas pipeline licensees and LPG cylinder distributors to conduct consumer installation safety inspections in accordance with prescribed requirements;
- overseeing the work of inspectors approving industrial gas appliances;
- conducting safety inspections of consumers’ gas installations that are not connected to utility networks or are not supplied with LP Gas directly from a distributor; and
- auditing gas appliances and equipment being offered for sale, to check compliance with prescribed safety and efficiency requirements.
- ensure the safety and acceptable performance of electricity transmission and distribution infrastructure by:
- auditing electricity network operators’ design standards and constructed networks for compliance with prescribed safety requirements; and
- monitoring the safe work practices of network operators’ employees and contractors, including attendance to incidents.
- ensure the safety and acceptable performance of gas distribution infrastructure by:
- auditing gas network operators’ design standards and constructed networks for compliance with prescribed safety requirements;
- monitoring the safe work practices of network operators’ employees and contractors, including attendance to incidents;
- monitoring the quality of gas provided to consumers generally, for compliance with prescribed requirements;
- investigating consumers’ complaints about gas supply reliability and quality; and
- auditing network operators’ compliance with prescribed meter management requirements, to ensure acceptable meter accuracy.
- appoint and oversee all inspectors in the State (including those of network operators);
- ensure the safety of electrical and gas workers by enforcing prescribed safety requirements and providing guidance in respect of safe work practices
- issue exemptions or variations to certain regulatory requirements (electrical and gas);
- investigate electrical and gas safety incidents (although incidents associated with electricity or gas utilities supply systems, or their customers, are usually inspected first by the utilities’ inspectors);
- enforce statutory requirements through advice, warnings, prosecutions, and in the case of licence holders, also through disciplinary action;
- respond to consumer concerns generally, regarding electrical and gas technical and safety matters; and
- promote electricity and gas safety to both the public and industry operatives.