News & Views

A new Guideline has been developed which sets out the investigation and appeals process for ASPs conducting contestable works.  The Guideline is applicable in cases where:

• An ASP is involved in a safety breach, while performing contestable works, on or near a Distribution Network Service Provider’s (DNSP) network; or

• A need for corrective action is identified in an ASP’s contestable services work.

The appeals process set out in the Guideline is designed to provide a clear path for appeal, should an ASP wish to contest a DNSP’s decision regarding corrective or disciplinary action, following an incident which has resulted in the ASP being suspended.

Crucially, the process set out in the Guideline introduces the option for an ASP to have an independent review of a DNSP’s decision to suspend an ASP’s authorisations; ASPs did not this right to an independent appeal previously.

The Guideline has been developed by the three DNSPs in conjunction with NECA and the NSW Department of Industry.  It came about as the result of a working group set up at a NECA / Networks NSW (NNSW) forum, which identified an appeals process for ASPs as a priority.

It is intended that the Guideline will be incorporated, where possible, into DNSP procedures and communicated to ASPs to assist in their understanding of the framework for appeals. 

However, while DNSPs have endorsed the Guideline, they are not legally bound by it and may continue to make further changes to their processes in future.

If members have any feedback or queries, please contact Adam Spivakovsky, Policy Adviser on telephone: (02) 9021 9687 or email: adam.spivakovsky@neca.asn.au