Electrical Safety Act 1998 (review)
This page provides general information and should not be considered as legal advice. Seek legal advice if you are unsure about your legal rights. Be aware that the law can change.
VCAT can review certain decisions that Energy Safe Victoria or the Director of Energy Safety makes, or actions taken under the Electrical Safety Act 1998.
Cases we can hear
VCAT can review certain decisions to do with:
- electrical contractors – licences, registrations, disciplinary action and supply of electrical safety certificates [decisions under Part 3 of the Act]
- electrical equipment – refusal of certification of compliance, refusal or withdrawal of approval of prescribed electrical equipment; prohibitions of supply of electrical equipment; recalls or other requirements in respect of electrical equipment [decisions under Part 4 of the Act]
- energy efficiency electrical equipment – refusals to register, withdrawals of registration, exemption from the regulations or revocation of exemption [decisions under Part 5 and the regulations]
- rectification notices – decisions to give them or impose requirements
- decisions of the Director [under s 141] to do certain things for safety reasons
- improvement notices.
You may be able to apply to VCAT for a review of Energy Safe Victoria's or the Director's decision if:
- you are a person who is aggrieved by a decision set out in section 69(2) of the Act to do with electrical contractors, electrical equipment, or energy efficiency electrical equipment
- you have been given a rectification notice
- you have been given a direction under section 141 of the Act
- you have been given an improvement notice.
Legislation that gives VCAT the power to hear these applications
- Section 69 of the Electrical 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.
Depending on the decision, you may have a seven or a 28 day period in which to apply. You should carefully read the document you have received.
Notices and directions
If you wish to apply for review of a decision in respect of:
- a rectification notice
- a direction under section 141
- an improvement notice
you should make your application to VCAT within 7 days after the date you receive the rectification notice, the direction or the improvement notice unless you have requested a statement of reasons under the Victorian Civil and Administrative Tribunal Act 1998.
If you have requested a statement of reasons then you should make your application within 7 days after you are given the statement or informed that a statement of reasons will not be given.
All other reviews under this Act
You must make your application within 28 days of the decision being made or, if you requested a statement of reasons, the day you received the statement or were notified the statement would not be given, whichever day is later. You may be able to apply for an extension to this time limit.
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 remit (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.