Victorian Consolidated Legislation

Electricity Safety Act 1998 - SECT 69

PART 6 RIGHTS OF REVIEW

Applications to review

69. Applications to review





(1) A person who is aggrieved by a decision of Energy Safe Victoria set out in
subsection (2) may apply to the Tribunal for review of the decision.



(2) An application for review may be made to the Tribunal in relation to the
following-

   (a)  a decision under Part 3-

   (i)  to refuse to register or renew the registration of an electrical
        contractor; or

   (ii) to take disciplinary action in respect of a registered electrical
        contractor; or

   (iii) to refuse to license or renew the licence of an electrical worker; or

   (iv) to take disciplinary action in respect of a licensed electrical
        worker; or

   (v)  to refuse to supply a certificate of electrical safety form to a
        registered electrical contractor, a licensed electrical installation
        worker or a prescribed person under section 45B(1);

   (b)  a decision under Part 4-

   (i)  to refuse to certify the compliance of electrical equipment; or

   (ii) to refuse to approve prescribed electrical equipment; or

   (iii) to withdraw an approval of prescribed electrical equipment;

   (c)  a prohibition under section 63;

   (d)  a requirement under section 65;

   (e)  a decision under the regulations under Part 5-

   (i)  to refuse to register proclaimed electrical equipment; or

   (ii) to cancel the registration of proclaimed electrical equipment.

(2A) A person to whom a rectification notice is given may apply to the
Tribunal for review of either or both of the following-

   (a)  the decision to give the notice;

   (b)  any requirement contained in the notice.

(3) A person to whom a direction is given under section 141 may apply to the
Tribunal for review of the direction if compliance with it-

   (a)  would impose a significant financial burden on the person;

   (b)  would prevent the person from complying with any obligations under a
        licence issued under Part 2 of the Electricity Industry Act 2000.





(4) A person to whom an improvement notice is issued under Part 12 may apply
to the Tribunal for review of either or both of the following-

   (a)  the decision to issue the notice;

   (b)  any requirement contained in the notice.

(5) An application for review under subsection (2A), (3) or (4) must be made
within 7 days after the later of-

   (a)  the day on which the improvement notice, direction or rectification
        notice (as the case requires) is received by the person making the
        application; or

   (b)  if, under section 45 of the
        Victorian Civil and Administrative Tribunal Act 1998, the person
        requests a statement of reasons for the decision, the day on which the
        statement of reasons is given to the person or the person is informed
        under section 46(5) of that Act that a statement of reasons will not
        be given.

(6) Any other application for review under this section must be made within 28
days after the later of-

   (a)  the day on which notice of the decision is received by the person; or

   (b)  if, under section 45 of the
        Victorian Civil and Administrative Tribunal Act 1998, the person
        requests a statement of reasons for the decision, the day on which the
        statement of reasons is given to the person or the person is informed
        under section 46(5) of that Act that a statement of reasons will not
        be given.



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