Victorian Numbered Acts

ESSENTIAL SERVICES COMMISSION AMENDMENT (GOVERNANCE, PROCEDURAL AND ADMINISTRATIVE IMPROVEMENTS) ACT 2019 (NO. 21 OF 2019) - SECT 5

    (1)     In section 38(2)(e) of the Principal Act, for "notice of appeal is lodged" substitute "application is made to VCAT".

    (2)     In section 38(3)(d) of the Principal Act, for "the members of any appeal panel hearing an appeal" substitute "VCAT for the purposes of a proceeding before VCAT under this Act".

    (3)     For section 38(4) of the Principal Act substitute —

    "(4)     If an application is made under section 55 and the application is withdrawn or the proceeding on the application is dismissed by VCAT, the Commission may disclose any information, or the contents of any document, that was the subject of the application in the manner set out in the notice given under subsection (2)(c).

    (4A)     If an application is made under section 55 and VCAT sets aside the requirement and makes a decision in accordance with section 56(b)(ii)(B), the Commission may disclose anything that VCAT permits it to disclose in the manner specified by VCAT.".