Victorian Consolidated Legislation

Essential Services Commission Act 2001 - SECT 55

Right of appeal

55. Right of appeal



(1) A person who is aggrieved by-

   (a)  a requirement made by the Commission under section 37; or

   (b)  a decision of the Commission to disclose information or the contents
        of a document given to the Commission by that person under a notice
        given under section 38(2)(c) or 38(2)(d); or

   (c)  a determination of the Commission-

may appeal against the requirement, decision or determination in accordance
with this section.

(1A) For the purposes of subsection (1), a person who represents a consumer or
user group is to be taken to be a person who is entitled to appeal against the
requirement, decision or determination in accordance with this section.

(2) The only ground for an appeal-

   (a)  under subsection (1)(a) is that the requirement-

   (i)  was not made in accordance with the law; or

   (ii) is unreasonable having regard to all the relevant circumstances;

   (b)  under subsection (1)(b) is that the decision-

   (i)  was not made in accordance with the law; or

   (ii) is unreasonable having regard to all the relevant circumstances;





   (c)  under subsection (1)(c) is that-

   (i)  there has been bias; or

   (ii) the determination is based wholly or partly on an error of fact in a
        material respect.

(3) A person must lodge notice of the appeal with the Registrar-

   (a)  in the case of an appeal under subsection (1)(a) or (1)(b), within 14
        working days after the person is given the notice; or

   (b)  in the case of an appeal under subsection (1)(c), within 21 working
        days after the determination is published.

(4) If a person lodges an appeal under subsection (1)(a), the person need not
comply with the requirement until the appeal is withdrawn or dismissed.

(5) If a person lodges an appeal under subsection (1)(b), the Commission must
not take any action to give effect to the decision until the appeal is
determined.

(6) If a person lodges an appeal under subsection (1)(c), the determination
continues in effect until the appeal is determined.