The GEMS Compliance Policy outlines the principles adopted by the GEMS Regulator to maximise compliance with the GEMS Act. It is implemented via a framework that focuses on five elements.
1. Engagement and education
Engagement, education – and support – to assist responsible parties to voluntarily comply with the requirements of the GEMS Act. As such, the GEMS Regulator and GEMS inspectors:
- work with responsible parties to help them understand the requirements of the Act
- attend and present at industry and consumer fora on compliance related issues
- publicise the GEMS Compliance Monitoring Program
- publicise the results of, and responses to, GEMS compliance monitoring activities as permitted by the Act
- publicise offences, contraventions, and adverse decisions, as permitted by the Act.
2. Monitoring Compliance
Compliance monitoring activities assist the GEMS Regulator to determine a responsible party’s compliance status. The GEMS Regulator monitors compliance via:
3. Investigating Non-compliance
The GEMS Regulator assesses each instance of suspected or alleged non-compliance and, where appropriate, conducts an investigation. Investigations incorporate the views of subject matter experts and provide transparent and defensible conclusions and recommendations for the GEMS Regulator to consider.
4. Responding to Non-compliance
The GEMS Act provides the GEMS Regulator with educative, administrative, civil, and criminal response options. Each response considers a responsible party’s history, behaviour, motivation, and intention; and, is proportionate to the risk posed by the non-compliance.
GEMS Regulator responses include:
- suspending a model’s registration
- cancelling a model’s registration
- enforceable undertakings
- infringement notices
- civil penalty orders
The GEMS Act also allows the GEMS Regulator to publicise details relating to enforcement responses including the names of registrants and the model numbers of GEMS products.
The GEMS Regulator regularly reviews all policies, processes, and activities to achieve an intelligence led, risk-based approach to GEMS Act compliance.
Approach to risk
The GEMS Regulator's response to non-compliance is proportionate to the risk posed by the non-compliance. This risk-based approach is visualised on the Compliance Continuum below.
More information about compliance
The specific requirements for each product regulated under the GEMS Act — including Minimum Energy Performance Standards (MEPS) and Energy Rating Labelling (ERL) requirements — are set out in a further legislative instrument specific to that product type called a GEMS Determination.