South Australian Consolidated Regulations South Australian Consolidated Regulations14—Maximum civil liabilities of AEMO or network service providers
(1) For the purposes
of section 77A(4)(c) of the old National Electricity Law and
section 119(3) of the new National Electricity Law, maximum amounts are
prescribed as follows:
(a) the
maximum amount of AEMO's civil monetary liability to each person who suffers
loss as a result of a relevant event is, in respect of that event,
$2 million;
(b)
however, if the amount of AEMO's civil monetary liability to the person in
respect of that event (as affected, if at all, by paragraph (a)) exceeds
the prescribed amount in respect of the relevant event, the maximum amount of
AEMO's civil monetary liability to that person in respect of that event is
that prescribed amount;
(c) the
maximum amount of each network service provider's civil monetary liability to
each person who suffers loss as a result of a relevant event is, in respect of
that event, $2 million;
(d)
however, if the amount of the network service provider's civil monetary
liability to the person in respect of that event (as affected, if at all, by
paragraph (c)) exceeds the prescribed amount in respect of the
relevant event, the maximum amount of the network service provider's civil
monetary liability to that person in respect of that event is that prescribed
amount;
(e)
paragraphs (a), (b), (c) and (d) do not apply in relation to civil
monetary liability for death or bodily injury;
(f) the
maximum amount of the civil monetary liability of each officer or employee of
AEMO or a network service provider to each person who suffers loss as a result
of a relevant event is, in respect of that event, $1.
(2) AEMO and each
network service provider must ensure that the following provisions are
complied with in relation to claims against AEMO or the network service
provider alleging civil monetary liabilities in respect of relevant events:
(a) the
claims must be dealt with in an orderly manner, without bad faith and with
reasonable dispatch;
(b) a
register must be maintained containing the following in relation to each claim
lodged with it:
(i)
a unique identifier assigned to the claim and linked to
each entry in the register relating to the claim;
(ii)
the date on which the claim was lodged;
(iii)
the amount of the claim (if stated by the claimant);
(iv)
the date or dates on which the relevant event to which
the claim relates is alleged to have occurred;
(v)
the date of payment of the claim;
(vi)
the amount paid on the claim;
(c)
separate running totals must be kept in the register of—
(i)
the amounts of the claims (as stated by the claimants) in
relation to relevant events alleged to have occurred during the same
prescribed 12 month period; and
(ii)
the amounts paid on the claims in relation to
relevant events alleged to have occurred during the same prescribed 12 month
period;
(d) the
running totals kept in the register must be made available for inspection by
the public, during ordinary business hours and at no fee, in each
participating jurisdiction in which AEMO or the network service provider
carries on business;
(e) a
person appointed by NECA, or, after the commencement date of the new National
Electricity Law, by the AER, must be allowed, at any time during ordinary
business hours, to conduct inspections of the register and other records of
AEMO or the network service provider, and to question officers and employees
of AEMO or the network service provider, for the sole purpose of checking the
accuracy of the register.
(3) In this
regulation—
"prescribed amount" in respect of a relevant event means—
(a) in
relation to AEMO—the amount obtained by deducting from $100 million
the aggregate of the amounts already paid by AEMO in discharge of AEMO's civil
monetary liabilities to persons suffering losses as a result of
relevant events occurring during the same prescribed 12 month period as
that in which the relevant event occurred;
(b) in
relation to a network service provider—the amount obtained by deducting
from $100 million the aggregate of the amounts already paid by the
network service provider in discharge of the network service provider's civil
monetary liabilities to persons suffering losses as a result of relevant
events occurring during the same prescribed 12 month period as that in which
the relevant event occurred;
"prescribed 12 month period" means each period of 12 months
commencing on 13 November in any year and ending on 12 November in
the following year;
"relevant event" means—
(a) in
relation to AEMO—a negligent act or omission, or a series of connected
negligent acts or omissions, in the performance or exercise, or purported
performance or exercise, of a function or power of AEMO under the old National
Electricity Law or the Code or the new National Electricity Law or the Rules;
(b) in
relation to a network service provider—a negligent act or omission, or a
series of connected negligent acts or omissions, in the performance or
exercise, or purported performance or exercise, of a system operations
function or power;
(c) in
relation to an officer or employee of AEMO—a negligent act or omission,
or a series of connected negligent acts or omissions, in the performance or
exercise, or purported performance or exercise, of a function or power of AEMO
under the old National Electricity Law or the Code or the new National
Electricity Law or the Rules;
(d) in
relation to an officer or employee of a network service provider—a
negligent act or omission, or a series of connected negligent acts or
omissions, in the performance or exercise, or purported performance or
exercise, of a system operations function or power.