The office of the Arbitrator is established under section 62 of the Energy Arbitration and Review Act 1998 .
Under the regulatory framework in Western Australia, the functions of the Arbitrator occur under the following Acts:
- National Gas Access (WA) Act 2009
- Electricity Industry Act 2004
The Arbitrator receives funding from regulated industries in accordance with Regulations arising from these Acts as follows:
- National Gas Access (WA) (Local Provisions) Regulations 2009
- Electricity Industry (Arbitrator and Review Board Funding) Regulations 2009
The Arbitrator is independent of industry, government, or other interests and is not subject to State or Ministerial direction in carrying out his functions. However, under section 75 of the Energy Arbitration and Review Act 1998 , the relevant Minister may give directions in writing to the Arbitrator on administration and financial administration matters.
The Energy Arbitration and Review Act 1998 also provides the Arbitrator with financing and immunity provisions.
The minister responsible for administering the Energy Arbitration and Review Act 1998 is the Minister for Energy and Training in Western Australia.