Electricity Safety Act 1998 (review)

This page provides general information and shouldn't be considered as legal advice. Seek legal advice if you're unsure about your legal rights. Be aware that the law can change.

VCAT can review some decisions that Energy Safe Victoria or the Chairperson of Energy Safe Victoria makes, or actions taken under the Electricity Safety Act 1998.

Cases we can hear

You can apply to VCAT for a review of Energy Safe Victoria's or the Chairperson's decision if you:

• are unhappy by a decision set out in section 69(2) of the Act to do with electrical contractors, electrical equipment or energy efficiency electrical equipment
• were given a rectification notice
• were directed to do something for safety reasons (under section 141 of the Act)
• were given an improvement notice.

Find out more about decisions you can apply for a review about below.

Decisions under Part 3 of the Act

• Registration and disciplinary action of registered electrical contractors
• Licensing and disciplinary action of electrical workers
• Refusal of certification of an electrical safety form to a registered electrical contractor, a licensed electrical installation worker or a prescribed person under section 45B(1)

Decisions under Part 4 of the Act

• Cancellation of a responsible supplier's registration
• Cancellation of registration of in-scope electrical equipment registered to a responsible supplier
• Refusal to issue or vary certificates of suitability or conformity
• Variation of a certificate of suitability or conformity
• Cancellation or suspension of a certificate of suitability or conformity

Other decisions

• A prohibition under section 63 of the supply of electrical equipment
• A requirement under section 65 for a person to take certain action regarding electrical equipment if it appears to Energy Safe Victoria that equipment is unsafe or does not comply with minimum standards
• A decision under Part 5 of the regulations about energy efficiency electrical equipment, including refusals to register and cancellation of registration
• A decision under section 68A about exemptions from energy efficiency, including a decision to exempt energy efficiency electrical equipment from the regulations or revoke an exemption.

Legislation that gives VCAT the power to hear these applications

Section 69 of the Electricity Safety Act 1998

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

Time limits

Depending on the decision, you may have a seven or a 28 day period to apply. You should carefully read the document you have received.

Notices and directions

You must apply to VCAT within seven days of receiving a rectification notice, a direction under section 141 or an improvement notice, unless you requested a statement of reasons under the Victorian Civil and Administrative Tribunal Act 1998.

If you requested a statement of reasons, you should apply to VCAT within seven days of receiving the statement or being informed a statement of reasons will not be given.

All other reviews under this Act

You must apply within 28 days of the decision. Otherwise, if you requested a statement of reasons, apply within 28 days of receiving the statement or being notified the statement would not be given.

You may be able to apply for an extension to this time limit. 

If you apply outside of the time limit, VCAT may extend the time for making an application. You must ask for an extension of time by indicating this on the ‘extension of time’ question of the application form and briefly explaining why your application was late.

VCAT will 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 relevant Act of Parliament gives us different powers, VCAT can:

• affirm the original decision, in which case the original decision 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.

Apply

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

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

Seek legal help if you're unsure about your options or need advice about your claim.

Do I need a lawyer or professional representative?

You don't 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 the regulatory body in most cases uses legal representation.

Find legal services that may be able to assist you.

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.