1. What does IPART stand for?

IPART stands for the Independent Pricing and Regulatory Tribunal.

2. What are IPART's primary functions?

IPART has six core functions, which are conferred by legislation, codes and access regimes established by legislation. These functions are to:

1. set maximum prices for monopoly services provided by government agencies in NSW (including water and public transport)
2. administer licensing or authorisation of water, electricity and gas businesses, and monitor compliance with licence conditions
3. register agreements for access to public infrastructure assets and arbitrate disputes about these agreements
4. investigate complaints about competitive neutrality referred by the NSW Government
5. administer the Greenhouse Gas Reduction Scheme (GGAS)and its register of certificates
6. administer the Energy Savings Scheme (ESS) and its register of certificates.

In addition, IPART can be asked to:

• advise the NSW Government or its agencies on issues such as pricing, efficiency, industry structure or competition
• assist other Australian regulators on a fee for service basis

For more information on which government services have been declared as government monopoly services, click here.

For more information on IPART’s role in relation to competitive neutrality, click here.

For more information on IPART’s role in relation to GGAS and the ESS, visit the GGAS Website and the ESS Website.

3. What are IPART's purpose and goals?

IPART’s purpose is to provide independent regulatory decisions and advice to enhance the economic, social and environmental well being of the people and state of NSW.

Our specific purpose varies with different activities and functions we are asked to perform across a range of industries.  However, in everything we do we strive to achieve the following goals:

a) in the areas of our expertise be recognised as a key economic think-tank and source of quality advice to the NSW Government

b) promote competition (or simulate its effects) in regulated industries

c) protect consumers by monitoring the quality and reliability of regulated services and by considering the social impacts of its decisions

d) promote secure and sustainable energy and water supplies by monitoring the way utilities comply with their license obligations

e) encourage economic prosperity and prudent and efficient investment in utility infrastructure

f) encourage environmental sustainability

g) promote an innovative regulatory environment

4. Who is on the Tribunal?

The Tribunal comprises up to three permanent members appointed by the Premier.  Further temporary members may also be appointed by the Premier as required for particular inquiries.  The Tribunal’s two current permanent members are :

• Acting Chairman and CEO - Mr James Cox

• Part-time Member - Ms Sibylle Krieger

5. What is the IPART Secretariat?

The IPART secretariat consists of teams of analysts who provide professional advice to the Tribunal to assist it in its functions.  The secretariat undertakes research, investigation and analysis and manages the Tribunal’s reviews, including liaison with stakeholders and preparation and publication of issues papers and reports.  Secretariat staff have a range of professional backgrounds including economics, finance, accounting, law and engineering.  General Counsel and legal staff provide legal advice to the Tribunal.

IPART often commissions external consultants to undertake specialist research and provide expert advice on specific topics. If necessary, IPART also seconds staff from other relevant government agencies to assist with reviews.

6. Who does IPART report to?

IPART reports to a range of Ministers, depending on the industry that it is dealing with. For example, a review of water licences would be reported to the Minister for Water and a review of bus fares would be reported to the Minister for Transport.

However, the IPART Act stipulates that in relation to the content of its determinations and recommendations, it is not subject to the control or direction of any government Minister. This provision ensures that IPART is able to pursue its goals through objective processes and that its decisions are not influenced by political interests.

7. How does IPART work?

IPART’s pricing determinations and other investigations are generally conducted via a review which includes extensive public consultation.

8. How is the scope of a review determined?

IPART has “standing references” under section 11 of the Independent Pricing and Regulatory Tribunal Act 1992 to determine prices for NSW Government agencies that are “declared monopoly services”. Click here for a list of declared monopoly services. Section 15 of the IPART Act lists matters to which the Tribunal must have regard during its reviews, including the cost of providing the services, the protection of consumers from the abuse of monopoly powers, the appropriate rate of return on public sector assets, the need to maintain ecologically sustainable development, the need to promote competition and the social impact of pricing decisions.

 The Minister for Energy also refers pricing of regulated retail electricity tariffs and/or charges to IPART under the Electricity Supply Act 1995. Section 43EB requires the Tribunal to have regard to the effect of the determination on competition in the retail electricity market as well as any matters in the Minister’s terms of reference. 

IPART may also be asked to investigate and make recommendations on pricing or other issues for Government agencies that are not declared monopoly services, or for industries that are not exclusively Government-owned.  In this case, the terms of reference (usually issued by the Premier) outline the broad purpose of the review and list the specific matters that the Tribunal must address.

9. What are the key stages in an IPART review?

An IPART review typically consists of five key stages: releasing an issues paper on which submissions are sought, engaging consultants if required to investigate specific aspects of the review, holding stakeholder forums, releasing a draft report on which submissions are sought, and making a final report to the relevant Minister that includes either determinations or final recommendations.

10. What is an issues paper?

IPART usually releases an issues paper at the beginning of a review to assist and guide stakeholders in preparing their submissions.  An issues paper typically contains the following information:

• Background to the review that also outlines the powers under which IPART is undertaking the investigation.
• Description of IPART’s interpretation of the Terms of Reference or relevant legislation.
• Description of the industry context in which the review is taking place.
• Discussion of the key issues for the review and specific questions IPART would like stakeholders to address in their submissions.
• Timetable for the investigation including information on proposed stakeholder hearings and submissions where relevant.
• Contact details for at least one member of the IPART secretariat working on the review.

11. How do I make a submission?

IPART depends on the provision of reliable, robust information from its stakeholders and seeks comments from interested parties to inform its decision-making.  Each section or chapter of an Issues Paper will generally contain a list of items on which the Tribunal is seeking comment.  For pricing reviews, IPART also normally requests the agencies concerned to make submissions on their pricing proposals by an advertised due date.  IPART generally makes agency proposals available on its website before the due date for public submissions to allow other stakeholders to consider them in preparing their own submissions.

Stakeholders may provide submissions on topics other than those presented in the issues paper or the agency proposal but should limit these to matters within the terms of reference for the review.  The Tribunal cannot make recommendations and determinations for issues that are outside its mandate.

Further information on making a submission is here.

12. When does IPART engage consultants?

13. What are stakeholder forums?

Following the receipt of submissions from stakeholders, IPART may conduct further consultation.  The consultation may be in the form of public hearings, roundtables or workshops or one-on-one meetings.  IPART will generally advertise any public forum that it holds and may invite particular stakeholders to provide input to the forum. The proceedings of public forums are usually transcribed and the transcripts are published on IPART’s website a few days after the date of the public forum.

The IPART secretariat liaises extensively with other Government agencies, businesses, consumer welfare organisations, special interest groups and individuals.

14. What is a draft report?

Depending on the timeframe and scope of a review, IPART may release a draft report and recommendations. The draft report usually outlines the key issues IPART has considered and how they affected its recommendations.  Stakeholders are encouraged to make submissions on IPART’s draft report to assist IPART in making its final recommendations.  IPART may also conduct further stakeholder forums prior to the release of its final report.

15. What is a final report?

After considering all of the information provided to it during the review process, IPART will make a final report to the relevant Minister, including its final findings, recommendations and/or determinations.  The Minister then decides when to release the final report publicly.

16. Are IPART's decisions final and binding?

Depending on the head of power under which IPART is operating, IPART can either make recommendations or determinations. Recommendations made by IPART are not binding and are made to the referring Minister who then has the final decision-making power. Determinations are made by IPART under powers conferred by industry-specific legislation and are binding on that industry, though subject to review.

17. What can I do if I disagree with an IPART decision?

18. How can I keep up-to-date with IPART's decsions?

19. How far back do IPART's documents on this website go?

20. How do I find documents that IPART released prior to 2005?

21. Where do I find documents that don't relate to Electricity, Gas, Water or Transport?

22. How can I give IPART feedback on my experience of its website?