The Regulatory Policy Institute Research Group


In 2012, supported by a secretariat at the Commonwealth Department of Resources, Energy and Tourism and by Dr Chris Decker, then of the Regulatory Policy Institute, Oxford, we conducted a review for the Australian federal and state governments of the Limited Merits Review regime (the “LMR”) in Australia for appeals of energy network decisions made by the relevant regulator. The LMR regime had been introduced in 2008 with an intention to streamline appeals procedures. Our Review extended over a six month period and was based upon: written submissions, mostly in response to two ‘Issues Papers’ (consultation documents) that we published; an extensive series of meetings we held with interested parties, including consumer representative bodies, companies, regulators and government departments; detailed analysis of the substance of the individual cases that had passed through the new system; a study of appeals systems in overseas jurisdictions; and a study of the role and scope of Australian administrative tribunals in reviewing other types of administrative decisions ‘on the merits’ . In consequence, we collected a considerable body of evidence..

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