Mr Laurie James was appointed as Western Australia's Gas Disputes Arbitrator in 1999 and re-appointed in April 2003 and 2008. His current term extends to April 2011.
Mr James is a Supreme Court barrister and solicitor and is Chairman of the Western Australian law firm Kott Gunning.
Mr James has extensive background experience in arbitration, having held the position of Chairman of the Western Australian Chapter of the Institute of Arbitrators and Mediators Australia between 1990 and 1997. He is currently a National Councillor of that Institute.
Mr James was also a senior vice president of the Law Society of WA from 1995 to 1996 and is currently a Member of the Construction and Infrastructure Law Committee of the Business Law Section of the Law Council of Australia.
The position of Gas Disputes Arbitrator was established to resolve disputes between providers of gas pipeline services and other parties seeking access to gas pipelines covered by the National Gas Access Code. Commencing 2004, the functions of the Arbitrator were progressively extended to include functions under the Electricity Industry Act 2004 .
The functions of the Arbitrator include:
The functions of the Arbitrator relating to electricity include:
- Chapter 10 of the Electricity Networks Access Code - negotiation of contracts for access to regulated electricity networks;
- Chapter 10 of the Electricity Networks Access Code - where agreed by the parties to an access contract, the Arbitrator has jurisdiction to hear contractual disputes; and
- Section of the Electricity Industry Act 2004 which relates to administrative support for the WA Energy (Gas) Review Board.
Regulations may be viewed on the web site of the WA State Law Publisher. Click here to view the web page of the WA State Law Publisher.
Included in the above functions and powers of the Arbitrator are those relating to the Gas Referee established under the Gas Referee Regulations 1995.
A party seeking to bring a matter before the Arbitrator for resolution should first contact the Authority.
Address:
Economic Regulation Authority
6th Floor
Governor Stirling Tower
197 St Georges Tce
Perth Western Australia 6000
Postal Address:
Economic Regulation Authority
PO Box 8469
Perth Business Centre
Western Australia 6849
Telephone: +61 8 9213 1900
Facsimile: +61 8 9213 1999
The Arbitrator is subject to independence, financing and immunity provisions as provided for by the Gas Pipelines (Access) WA Act 1998.The Arbitrator does not appoint permanent staff, but public service employees can be assigned to assist the Arbitrator perform his functions. The Arbitrator has an administrative arrangement with the Economic Regulation Authority for the provision of corporate services. The Minister for Energy may direct the Arbitrator in regard to general policies relating to matters of administration, including financial administration.
The Arbitrator has responsibility for the financial management of the Gas Review Board and the provision of administrative support to the board. As the Board does not hear appeals against the Arbitrator, its administrative accountability to the Arbitrator does not constrain or impair its independence.
It is noted that the Australian Energy Regulator has issued guidelines for the resolution of disputes under the National Gas Law and National Gas Rules which may help parties seeking to bring a matter before the Arbitrator for resolution. A link to the guidelines is available by clicking here.
