Gas Safety Act 1997 (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 made by Energy Safe Victoria and decisions to issue improvement and prohibition notices under the Gas Safety Act 1997.

Cases we can hear

General applications for review

You may be able to apply to VCAT to review a decision by Energy Safe Victoria to:

  • not approve you to carry out upstream gas work (section 65)
  • cancel or suspend an approval given under section 65
  • refuse under section 69 to accept an appliance
  • declare under section 69A that an appliance or class of appliances is no longer accepted
  • refuse under section 73 to accept a gas installation
  • place a condition on an acceptance under section 69 or 73
  • place a prohibition under section 76
  • give a requirement under section 78.

Improvement Notices and Prohibition Notices

If you are been issued an improvement notice or prohibition notice under Part 6 of the Act, you may be able to apply to VCAT to review:

  • the decision to issue the notice
  • any requirement contained in the notice.

Legislation that gives VCAT the power to hear these applications

Gas Safety Act 1997 - section 80(1).

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

General applications for review

You should make your application to VCAT within 28 days after the later of:

  • the day on which you are notified of the decision
  • the day on which Energy Safe Victoria gives you a statement of its reasons for the decision
  • the day on which Energy Safe Victoria informs you that a statement of reasons will not be given

Improvement Notices and Prohibition Notices

You should make your application to VCAT within seven days after the later of:

  • the day on which you are notified of the decision
  • the day on which Energy Safe Victoria gives you a statement of its reasons for the decision
  • the day on which Energy Safe Victoria informs you that a statement of reasons will not be given.

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.

More about how we resolve your case

Read more about hearings at VCAT, professional representation, access and privacy and communicating with VCAT.