Enforcement policy and philosophy

Energy Safe Victoria (ESV) aims to encourage compliance with the Electricity Safety Act 1998 and the Gas Safety Act 1997 (‘the Acts’) and their respective regulations (‘the Regulations’) through education and co-operation. However, in some instances, it is necessary for ESV to take action to enforce compliance and ensure public safety.

In enforcing the requirements of the Acts and Regulations, ESV will be guided by the following principles:

Enforcement will be undertaken in a fair, predictable and consistent manner
Enforcement will be applied consistently to individuals and companies (as far as practicable)
Enforcement will be undertaken using lawful procedures and in accordance with the Charter of Human Rights and Responsibilities Act 2006
When ESV is aware that it is dealing with a victim, who has suffered injury (which includes loss of property), as a direct result of an offence under the Acts or Regulations, ESV will have regard to the principles set out in the Victims’ Charter Act 2006, when dealing with the victim during the investigation and prosecution process.
The emphasis in administration and enforcement will be on ensuring public safety, equipment efficiency and compliance with the Acts and Regulations.
Within the limitations of available resources, ESV will use reasonable endeavours to investigate all suspected offences
The primary purpose of enforcement measures is to stop activities that risk electrical safety by making offenders accountable as a deterrent to those involved and to others who may not be complying with the Act and the Regulations

In all cases, regardless of the offence(s), discretion to prosecute or take other enforcement action exists.

Discretion is the free exercise of judgement to choose between possible causes of action or non-action, in situations not clearly requiring mandatory action by law, policy or directive.

Appropriate considerations in exercising discretion include:

the seriousness of the offence
the extent of injury to persons or damage to property
risk to public safety
the past record of the offender.

Determining the penalty

The decision on the appropriate enforcement measure is made on a case-by-case basis, taking into account the following factors:
• Nature and seriousness of the offence, including the actual or potential impact on public safety and the intent of the offender
• Effectiveness in achieving compliance, restoration of public safety and deterrence to others, including the history of the offender, their demonstrated willingness to comply, and the extent of action taken by the offender to ensure compliance

Wherever possible the offender will be given the opportunity to respond to or explain the alleged offence prior to any decision on the enforcement measure to be applied. This may include consideration of the response from the offending party during an audit, interview or other investigation.

Enforcement options

Enforcement options considered by ESV may include the following:

No action
Warnings
Directions - instructions to take certain action or provide information or materials
Infringement Notices - fines for selected offences
Prosecution - via the Court system
Non-renewal of license or registration; or
Committee of Inquiry – which may lead to the following consequences:
- Suspension or loss of licence or registration
- Imposing of conditions
- Fines of up to $500

More information

ESV Legal Operations on 03 9203 9700 or email info@esv.vic.gov.au