Victorian Consolidated Legislation

Essential Services Commission Act 2001 - SECT 58

Disclosure of interests

58. Disclosure of interests



(1) If a person is, or is to be, a member of an appeal panel and the person
has or acquires any interests, pecuniary or otherwise, that could conflict
with the proper performance of the functions of that person in relation to an
appeal-

   (a)  the person must disclose the interest to the Registrar; and

   (b)  the person must not take part, or continue to take part, in the
        hearing of the appeal if-

   (i)  the Registrar gives a direction under subsection (2)(a); or

   (ii) if the Registrar has caused the interest of the person to be disclosed
        to the parties to the hearing, all the parties do not consent to the
        person being a member of the appeal panel.

(2) If the Registrar receives a disclosure of an interest under subsection (1)
or becomes aware that a person is, or is to be, a member of an appeal panel in
relation to a hearing and that the person has in relation to the hearing such
an interest-

   (a)  if the Registrar considers that the person should not take part, or
        should not continue to take part, in the hearing, the Registrar must
        give a direction to the person accordingly; or

   (b)  in any other case, the Registrar must cause the interest of the person
        to be disclosed to the parties to the hearing.