Victorian Consolidated Legislation

Essential Services Commission Act 2001 - SECT 15

Consultation

15. Consultation



(1) This section applies to the Commission and to prescribed agencies for the
purpose of ensuring that-

   (a)  the regulatory and decision making processes of the Commission and
        prescribed agencies are closely integrated and better informed; and

   (b)  overlap or conflict between existing and proposed regulatory schemes
        is avoided.

(2) In this section prescribed agency means a person, body or agency which-

   (a)  has functions or powers under relevant health, safety, environmental
        or social legislation applying to a regulated industry; and

   (b)  is prescribed for the purposes of this section.

(3) The Commission must as early as practicable consult with a relevant
prescribed agency-

   (a)  in the making of a determination; and

   (b)  in the conduct of an inquiry, after first consulting with the
        Minister; and

   (c)  in preparing and reviewing the Charter of Consultation and Regulatory
        Practice.

(4) If requested in writing to do so by the Commission, a prescribed agency
must consult with the Commission-

   (a)  in relation to any matter specified by the Commission which is
        relevant to the objectives or functions of the Commission under this
        Act and under relevant legislation; or

   (b)  in respect of a matter specified by the Commission which may impact on
        a regulated industry.

(5) A prescribed agency must ensure that consultation occurs as early as
practicable in the regulatory, advisory or decision making processes of the
prescribed agency.

(6) The requirements under this section are in addition to any other
requirements or processes under any other legislation or regulatory scheme.