Victorian Numbered Acts Victorian Numbered ActsAfter section 10 of the Energy Safe Victoria Act 2005 insert —
Energy Safe Victoria consists of—
(a) a Commissioner appointed as Chairperson; and
(b) a Commissioner appointed as Deputy Chairperson; and
(c) an additional Commissioner.
(1) The Governor in Council, on the recommendation of the Minister, may appoint a person (other than the Chief Executive Officer) as a Commissioner.
(2) In recommending a person for appointment as a Commissioner, the Minister must seek to ensure that collectively the Commissioners have skills, qualifications, knowledge and experience in the fields of—
(a) regulation; and
(b) economics; and
(c) law; and
(d) community safety.
A Commissioner—
(a) holds office for a term, not exceeding 5 years, specified in the instrument of appointment; and
(b) is not eligible to be appointed for more than 2 terms.
(1) A Commissioner is appointed on the terms and conditions that are specified in the instrument of appointment.
(2) The instrument of appointment must specify—
(a) the remuneration and allowances of the Commissioner; and
(b) whether the Commissioner is appointed on a full-time or part-time basis.
The Governor in Council, on the recommendation of the Minister, may appoint a Commissioner as Chairperson of Energy Safe Victoria.
The Governor in Council, on the recommendation of the Minister, may appoint a Commissioner as Deputy Chairperson of Energy Safe Victoria.
(1) The office of a Commissioner becomes vacant if the Commissioner—
(a) becomes an insolvent under administration; or
(b) is convicted or found guilty of an indictable offence (or an offence that, if committed in Victoria, would be an indictable offence); or
(c) is removed from office under subsection (2); or
(d) resigns by notice in writing to the Minister.
(2) The Governor in Council, on the recommendation of the Minister, may remove a Commissioner from office.
(3) The Minister may recommend that the Governor in Council remove a Commissioner from office only if—
(a) the Commissioner is incapable of performing the Commissioner's functions or duties; or
(b) the Commissioner is negligent in performing the Commissioner's functions or duties; or
(c) the Commissioner engages in improper conduct in performing the Commissioner's functions or duties; or
(d) the Commissioner fails to disclose a pecuniary interest as required under section 10M; or
(e) the Commissioner is convicted or found guilty of an offence against—
(i) this Act; or
(ii) the Gas Safety Act 1997 ; or
(iii) the Electricity Safety Act 1998 ; or
(iv) the Pipelines Act 2005 ; or
(f) the Minister considers that the Commissioner is no longer suitable to hold office.
(1) The Deputy Chairperson must act in the office of Chairperson during any period when—
(a) the Chairperson's office is vacant; or
(b) the Chairperson is absent; or
(c) for any other reason, the Chairperson is unable to perform the Chairperson's functions or duties.
(2) The Governor in Council, on the recommendation of the Minister, may appoint a person to act in the office of a Commissioner for a period not exceeding 6 months if—
(a) that Commissioner is absent; or
(b) for any other reason, that Commissioner is unable to perform that Commissioner's functions or duties.
(3) A person who is acting in an office under this section has all the functions, powers and duties of that office under this or any other Act.
(4) While the Deputy Chairperson is acting as Chairperson, the Deputy Chairperson is entitled to be paid—
(a) the remuneration and allowances to which the Chairperson would have been entitled under their instrument of appointment under section 10D; and
(b) not the remuneration and allowances to which the Deputy Chairperson would have been entitled under their instrument of appointment under section 10D.
(5) While a person is acting in the office of a Commissioner, the person is entitled to be paid the remuneration and allowances to which that Commissioner would have been entitled under their instrument of appointment under section 10D.
An act or decision of Energy Safe Victoria is not invalid merely because of—
(a) a vacancy in the office of a Commissioner at the time of the decision; or
(b) a defect or irregularity in, or in connection with, the appointment of a Commissioner or an acting Commissioner.
(1) A Commissioner is not personally liable for anything done or omitted to be done in good faith—
(a) in the exercise of a power or the performance of a function of Energy Safe Victoria; or
(b) in the reasonable belief that the act or omission was in the exercise of a power or the performance of a function of Energy Safe Victoria.
(2) Any liability resulting from an act or omission that, without subsection (1), would attach to the Commissioner attaches instead to Energy Safe Victoria.
(1) The Chairperson must determine when Energy Safe Victoria meets.
(2) A meeting of Energy Safe Victoria may be conducted by—
(a) telephone; or
(b) audio visual link; or
(c) another means of communication that does not require the physical presence of each Commissioner in the same room.
(3) The quorum at a meeting is 2 Commissioners of whom one must be the Chairperson or the Deputy Chairperson.
(4) The Chairperson must preside at a meeting of Energy Safe Victoria in which the Chairperson is included.
(5) The Deputy Chairperson must preside at a meeting of Energy Safe Victoria in which the Chairperson is not included.
(6) A question arising at a meeting is determined by a majority of votes of the Commissioners.
(7) The person presiding at a meeting has a deliberative vote and, in the case of an equality of votes, a second or casting vote.
(8) The person presiding at a meeting must ensure that accurate minutes are kept.
(9) Subject to this Act, Energy Safe Victoria may regulate its own proceedings.
(1) Energy Safe Victoria may, in accordance with this section, pass a resolution without a meeting.
(2) The Chairperson may propose a resolution by making reasonable efforts to give each other Commissioner a written notice setting out the proposed resolution.
(3) Energy Safe Victoria is taken to have passed a resolution proposed in a notice under subsection (2) if at least 2 Commissioners sign a document that—
(a) sets out the resolution; and
(b) states that the Commissioners signing the document are in favour of that resolution.
(4) It does not matter whether—
(a) there is only one document that is signed by the Commissioners; or
(b) different Commissioners sign different documents.
(5) The resolution is taken to have been passed on the day on which the second Commissioner signs a document under subsection (3).
(6) A Commissioner who has a pecuniary interest in a resolution proposed in a notice under subsection (2) must not sign a document under subsection (3) in respect of that resolution.
(7) Subsection (6) does not apply in relation to a pecuniary interest that is a result of the supply of goods or services that are available to members of the public on the same terms and conditions.
(8) If a Commissioner signs a document under subsection (3) in contravention of subsection (6), the Commissioner is taken to have validly signed the document for the purposes of determining whether at least 2 Commissioners have signed a document under subsection (3).
(9) The Chairperson must give each other Commissioner a copy of a resolution passed under this section as soon as practicable after it is passed.
(10) Energy Safe Victoria must keep a record of all resolutions passed under this section.
(1) If a Commissioner has a pecuniary interest in a matter that is to be considered by Energy Safe Victoria, the Commissioner must disclose the nature of that interest at a meeting of Energy Safe Victoria.
(2) If the Chairperson has a pecuniary interest in a matter that is to be considered by Energy Safe Victoria, the Chairperson must disclose the nature of that interest to the Minister.
(3) The Chairperson must cause a record of a disclosure made under subsection (1) or (2) to be made in the minutes of the meeting at which the disclosure is made or, in the case of a disclosure to the Minister, at the next meeting of Energy Safe Victoria.
(4) A Commissioner who has a pecuniary interest in a matter that is to be considered by Energy Safe Victoria must not be present during any deliberation with respect to, or vote on, that matter.
(5) A failure to comply with this section does not affect the validity of a decision of Energy Safe Victoria.
(6) This section does not apply in relation to a pecuniary interest that is a result of the supply of goods or services that are available to members of the public on the same terms and conditions.".