Immediate suspension

Under the Electricity Safety Act 1998, Energy Safe may immediately suspend the registration of an electrical contractor (REC) or the licence of an electrical worker (LEW).

We will use this power when we hold serious concerns about a REC’s or LEW’s conduct, to protect the safety of people and property.

When we may suspend

We may suspend a REC’s registration or a LEW’s licence immediately if:

• we intend to inquire into their conduct; and
• the suspension is in the public interest.

The suspension may be total, preventing the REC or LEW from doing any electrical work, or partial, preventing them from doing certain types of electrical work.

Reasons for an inquiry

We may inquire into a REC’s or LEW’s conduct where it appears that they have:

• failed to comply with the Act or regulations
• obtained their registration or licence by fraud, misrepresentation, or the concealment of facts
• been convicted of an offence involving fraud, dishonesty, drug trafficking, or violence that was punishable by imprisonment of 6 months or more
• not followed conditions of their registration or licence
• been negligent or incompetent, or a party to negligence or incompetence, while doing electrical work
• engaged in fraudulent conduct in the carrying out of electrical work
• in the case of a REC, failed to hold the required insurance.

Public interest consideration

We must consider whether immediately suspending a REC or LEW is in the public interest. In deciding this, we will consider any matter we deem relevant, including:

• whether the LEW or REC (or someone under their control) has done electrical work that poses a risk to the health or safety of any person, or could cause significant property damage
• whether they have been the subject of multiple previous Energy Safe disciplinary actions
• whether they have failed to comply with a condition of their registration or licence.

Notice of immediate suspension

If we decide to immediately suspend a REC’s registration or LEW’s licence, we must tell them in writing. The notice must include:

• our decision to immediately suspend their registration or licence
• the reasons for our decision
• that the suspension takes effect as soon as the notice is given
• the length of the suspension
• that the REC or LEW may apply to the Victorian Civil and Administrative Tribunal (Tribunal) for a review of the decision.

We must also give detailed reasons for the suspension in writing within five business days after the notice is given.

The suspension remains in force for the time stated in the notice, unless we revoke it, or the Tribunal overturns the suspension.

Revocation of an immediate suspension

We may revoke (cancel) an immediate suspension at any time.

We must revoke an immediate suspension if:

• the grounds for immediate suspension no longer exist
• we decide not to inquire into the REC’s or LEW’s conduct
• after an inquiry, we find there is no reason to take disciplinary action against the REC or LEW, or we decide to impose new conditions on their registration or licence.

If we revoke the immediate suspension, we must notify the REC or LEW immediately in writing.

Review of an immediate suspension

A REC or LEW may apply to the Tribunal for a review of the decision to immediately suspend their registration or licence.