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 Definition A person who makes or has made a decision under legislation that gives them this authority. giving directions or recommendations
  • invite the decision-maker to reconsider their decision at any time during the case.

Do I need a lawyer or professional representative?

You do not need to have legal or other professional representation to appear at VCAT. If you wish 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 free or low-cost legal services that may be able to assist you.

Need help with your application?

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.

Seek legal help if you are unsure about your options or need advice about your claim. The following services may be able to help 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. For more about applying for confidentiality.