Meta-Regulation in Practice

Preface List of Abbreviations 1 INTRODUCTION The machinery of meta-regulation Luhmann’s systems theory The Australian retail energy industry The structure of this book References 2 THE IMPLICIT ASSUMPTIONS UNDERPINNING NORMATIVE META-REGULATORY THEORY Consensus on values and the public interest The government is a silent enabler of the public interest The regulator’s values and actions represent the public interest Third party advocates and activists represent the public interest The private corporate interest can be aligned with the public interest Organisational rationality and capacity for learning Conclusion References 3 CREATING THE WORLD’S MOST COMPETITIVE RETAIL ENERGY MARKET The early policy vacuum in Victoria The industry and regulatory response to the policy environment The development of the Retail Code Retailer participation in the consultation Consumer advocate participation in the consultation How the ESC managed the issues Government intervention in pricing The political need to regulate energy prices in 2001 The paradox of regulating prices low in a competitive market Conclusion References 4 THE NEXT THIRTEEN YEARS: COMPLEXITY, POLITICS AND CHANGE Overview of the markets: 2003–2015 Compliance outcomes Performance outcomes The industry experience Protecting vulnerable consumers The definitional problem Stakeholder moral perspectives Disconnection case studies and consultations Contingency and unpredictable outcomes The rise and fall (and rise) of the National Energy Customer Framework The Victorian smart meter debacle When the Queensland Premier went to war with Origin Energy Inside the industry The basis for action: commercial drivers and the bottom line Managing through risk frameworks The instability of the corporate environment Conclusion References 5 CONTESTING COMPLIANCE IN ‘HARDSHIP’ REGULATION The genesis of the Victorian hardship provisions Legislative changes in 2004 The Utility Debt Spiral Project: a collaborative model The Victorian Hardship Inquiry Drawing out the conflict on roles in energy bill management Consumer advocate positions Retailer positions Policy responses and the appearance of action Conflicts between the ESC and EWOV and wrongful disconnection referrals * The implications for compliance and performance Reactions to formal and informal performance reporting Consumer advocate naming and shaming Regulatory focus on performance The creation of retailer hardship programmes A surprising turn of events: the ESC proposal to abolish hardship programmes Conclusion References 6 CONFLICTING VIEWS OF MARKET COMPETITION Economic assessments of competition Complicating factors in identifying effective competition Behavioural economics and ‘rational’ consumer choice The door-to-door sales channel driving churn rates The quality of competition and unresolved issues about policy expectations Political views of market effectiveness How Victoria deregulated prices Drivers for deregulation in the other states When the market became the safety net The AEMC’s consumer engagement blueprint Co-regulation, self-regulation and external enforcement of door-to-door sales Self-regulation under Energy Assured Limited Regulatory enforcement and further retailer self-regulation Conclusion References 7 RETHINKING META-REGULATION The political need to ‘do something’ Risk perceptions were amplified under meta-regulation Political behaviour from the regulators was amplified under meta-regulation Harnessing the market? The reputation mechanism was highly unreliable Retailer learning was heavily constrained The role of the law Assessing the effectiveness of meta-regulation in the Australian energy markets Meta-regulatory outcomes A comparison with command and control regulation A different perspective on meta-regulation Some final thoughts References