Individuals & ElectraNet Pty Limited
Lead NCPAustralia
Supporting NCP(s)None Selected
DescriptionSpecific Instance submitted by two individuals concerning an alleged non-observance of the OECD Guidelines by an Australian based multinational enterprise
Theme(s)General policies, Human rights
Date28 Oct 2020
Host country(ies)Australia
SourceOther interested parties
Industry sectorElectricity, gas, steam and air conditioning supply

Read the initial assessment published on 25 February 2021: English

Read the final statement published on 9 June 2021: English

Read the follow up statement published on 8 November 2022: English  

On 28 October 2020, Messrs Andrew and Robert Starkey, two individuals, submitted a specific instance to the Australian NCP alleging that ElectraNet Pty Limited, an electricity transmission company, did not observe the General Policies (Chapter II) and Human Rights (Chapter IV) provisions of the Guidelines in relation to damage of around 20 Indigenous heritage sites during the construction of a new project in South Australia. The complainants sought an independent impact assessment, funds to address and prevent harms, and compensation for fees and costs.

On 25 February 2021, the NCP published the initial statement partially accepting the case. Good offices were offered in relation to one of the indigenous sites but ElectraNet declined to participate. The other sites were considered out of scope, due to existing agreements in place between the enterprise and other Indigenous groups who have formally recognised custodial rights at those locations.

On 9 June 2021, the NCP published the final statement. The NCP concluded that ElectraNet had not acted consistently with the Guidelines, by neither engaging in good faith in the NCP process, nor providing evidence of otherwise complying with the Guidelines’ expectations for the examined site. The Independent Examiner (i.e. the body of the Australian NCP in charge of handling cases) recommends that the statement be read by Australian government agencies with responsibilities concerning impacts on Indigenous heritage. The NCP issued recommendations for ElectraNet, notably that the company should ensure that, somewhere in its governance including international shareholders and directors, there is familiarity with the OECD Guidelines. The NCP further recommends the company to take the opportunity to participate in the NCP process should the need arise again.

On 8 November 2022, the AusNCP published a follow up statement acknowledging that ElectraNet had expressed a commitment to the protection of cultural heritage and working with Traditional Owners but noted that the company had not provided sufficient information or evidence to demonstrate that it had taken any steps to address the outcomes in the final statement. The Independent Examiner recommended that, in accordance with the Guidelines, any progress by the company should be made publicly available and communicated he stakeholders.