Victorian Energy Efficiency Target Act 2007
VCAT can review certain decisions of the Essential Services Commissioner about accreditation and energy efficiency certificates.
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 Victorian Energy Upgrades Program provides access to discounted energy efficient products and services. Under the Program, accredited persons carry out upgrade activities by installing energy-efficiency products in residential and non-residential premises. The accredited person can then create energy efficiency certificates that can be sold to energy retailers, who have a liability under the Program to surrender a certain number of certificates each year. Energy efficiency certificates are not valid until they have been registered with the Essential Services Commissioner.
The Essential Services Commissioner is responsible for regulating the participants and products, including granting accreditation to people who want to participate in the Program and registering energy efficiency certificates.
Cases we can hear
VCAT may review a decision of the Essential Services Commissioner:
- to refuse an application for accreditation or renewal of accreditation
- to grant accreditation for one or more prescribed activities
- to impose conditions on accreditation relating to the prescribed activity or class of prescribed activity that may be undertaken
- to suspend a person’s accreditation
- to cancel a person’s accreditation
- to disqualify a person from applying for renewal of accreditation for a specified period
- not to register an energy efficiency certificate or multiple certificates
- not to approve an application for a Victorian Energy Efficiency Target (VEET) scheme registry account
- to cancel or suspend a VEET scheme registry account.
However, you must seek internal review with the Essential Services Commissioner and receive a decision before applying to VCAT for review.
Cases we can't help with
We can't accept applications before the Essential Services Commissioner conducts an internal review.
We also can’t accept:
- some cases where one party lives in another state or is a Commonwealth government organisation
- cases heard under federal law instead of Victorian law.
Legislation that gives VCAT the power to hear these applications
Sections 56B of the Victorian Energy Efficiency Target Act 2007
Documents you need to apply
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.
You must apply to VCAT within 28 days of:
- the decision being made; or
- if you have requested a statement of reasons under the Victorian Civil and Administrative Tribunal Act 1998, the date the statement of reasons is given to you or are informed that a statement of reasons will not be given.
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 doesn't agree, VCAT may hold a preliminary hearing before deciding whether to grant an extension.
What can VCAT order?
- affirm the original decision, in which case the original decision will stand
- set aside the decision and send the matter back to the Essential Services Commissioner for reconsideration, giving directions or recommendations.
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 indicating you want a ‘stay’ 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 doesn't agree, VCAT may hold a preliminary hearing before deciding whether to grant a stay.
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.