National Electricity (Victoria) Act 2005 (Review Jurisdiction)

This page provides general information and should not be considered legal advice. Seek legal advice if you are unsure about your legal rights. Be aware that the law can change.

The National Electricity (Victoria) Act 2005 (NEVA) regulates the national electricity wholesale market. It is part of a national scheme led by the National Electricity (South Australia) Act 1996 which provides for the National Electricity Law and National Electricity Rules. The Victorian law adopts the National Electricity Law and National Electricity Rules. 

The electricity regulator is the Australian Energy Regulator, and the rule-maker is the Australian Energy Market Commission. The Australian Energy Market Operator administers the national electricity wholesale market. The Australian Competition Tribunal hears appeals relating to decisions made under the National Electricity Law and the National Electricity Rules. 

In Victoria, the NEVA creates the statutory position of ‘CEO VicGrid’ to coordinate the planning and development of Victoria’s Renewable Energy Zones and transmission infrastructure, to support transition to renewable energy. 

Under NEVA, people impacted by certain electricity transmission infrastructure plans may be eligible to receive payments approved by the CEO VicGrid or the Minister for Energy and Resources. 

Cases we can hear

VCAT can hear applications to review decisions of the CEO VicGrid or Minister:

• A determination by the CEO VicGrid of a person’s eligibility to receive payments in relation to a ‘relevant transmission’ (s 70).
• A determination by the CEO VicGrid on whether exceptional circumstances exist and an amount greater than the amount of initial or subsequent payment calculated is payable (ss 71 & 73).
• A determination by the Minister of a person’s eligibility to receive payments in relation to public land (s 75).
• A determination by the Minister on whether exceptional circumstances exist and an amount greater than the amount of initial or subsequent payment calculated is payable in relation to public land (ss 76 & 77). 

Legislation that gives VCAT the power to hear these applications

• Section 86 of the National Electricity (Victoria) Act 2005.

Documents you need to apply

If you have a decision letter, use it to help you complete the VCAT application form and attach a copy of the document to your application.

Time limits

You must apply to VCAT for review within the later of:

• 28 days after the day on which the decision was made; or, 
• 28 days from the day on which a statement of reasons was given to you or you were notified a statement of reasons will not be given. 

If you apply outside of the time limit, you must ask VCAT for an extension of time by ticking the ‘extension of time’ box on the application form and briefly explain why your application was late. 

VCAT may ask the decision-maker if they agree to any extension. If the decision-maker does not agree, VCAT may hold a preliminary hearing before deciding whether to grant an extension.

What can VCAT order?

Unless the law gives VCAT different powers, VCAT can:

• Affirm the original decision, in which case it will stand
• Vary the decision
• Set aside the decision and substitute our own decision
• Set aside the decision and send back the matter for reconsideration by the decision maker giving directions or recommendations
• Invite the decision maker to reconsider their decision at any time during the case.

Putting the original decision on hold

In most cases, applying for a review does not put the original decision on hold and that decision stands until VCAT makes its decision. 

If you want the original decision put on hold you must ask for this by ticking the ‘stay’ box on the application form and briefly explaining why you are seeking a stay. 

It may not be possible to put the decision on hold if there would be no practical effect in doing so.

VCAT will ask the decision-maker if they agree to any stay. If the decision-maker does not agree, VCAT may hold a preliminary hearing before deciding whether to grant a stay.

Additional information

Do I need a lawyer?

You do not need to have legal or other professional representation to appear at VCAT. If you want to be represented by a lawyer or a professional advocate, usually you must ask for VCAT's permission. 

Be aware that, in review matters, the regulatory body in most cases uses legal representation.

Find legal services that may be able to assist you.

Apply

We can explain the application process and what the form is asking you for. Contact us to get support.

We cannot give you legal advice. This means we cannot tell you what to write in your application or recommend how to get the outcome you want.

Get legal help if you are unsure about your options or need advice about your application.

Access and privacy

VCAT hearings and files are usually public.

VCAT has limited authority to restrict who can access cases and files but, in certain circumstances, you can apply for confidentiality.