Annual Report 2018-19

Legislation

Our main piece of legislation is the Essential Services Commission Act 2001.

Other legislation related to our work includes:

• Accident Towing Services Act 2007
• Commercial Passenger Vehicle Industry Act 2017
• Electricity Industry Act 2000
• Gas Industry Act 2001
• Grain Handling and Storage Act 1995
• Local Government Act 1989
• National Electricity (Victoria) Act 2005
• National Gas (Victoria) Act 2008
• Port Management Act 1995
• Rail Management Act 1996
• Victorian Energy Efficiency Target Act 2007
• Water Act 1989
• Water Industry Act 1994.

Freedom of information

The Freedom of Information Act 1982 allows the public a right of access to documents held by the commission. The purpose of the Act is to extend as far as possible the right of the community to access information held by government departments, local councils, ministers and other bodies,  such as the commission, who are subject to the Act.

An applicant has a right to apply for access to documents held by the commission. This comprises documents both created by the commission or supplied to the commission by an external organisation or individual, and may also include maps, films, microfiche, photographs, computer printouts, computer discs, tape recordings and videotapes. Information about the type of material produced by the commission includes:

• a statement that declarations of pecuniary interests have been duly completed by all relevant officers
• details of shares held by a senior officer as nominee or held beneficially in a statutory authority or subsidiary
• details of publications produced by the entity about itself, and how these can be obtained
• details of changes in prices, fees, charges, rates and levies charged by the entity
• details of any major external reviews carried out on the entity
• details of major research and development activities undertaken by the entity
• details of overseas visits undertaken including a summary of the objectives and outcomes of each visit
• details of major promotional, public relations and marketing activities undertaken by the entity to develop community awareness of the entity and its services
• details of assessments and measures undertaken to improve the occupational health and safety of employees
• a general statement on industrial relations within the entity and details of time lost through industrial accidents and disputes
• a list of major committees sponsored by the entity, the purposes of each committee and the extent to which the purposes have been achieved
• details of all consultancies and contractors including:
• consultants/contractors engaged
• services provided
• expenditure committed to for each engagement.

The Act allows the commission to refuse access, either fully or partially, to certain documents or information. Examples of documents that may not be accessed include: cabinet documents; some internal working documents; law enforcement documents; documents covered by legal professional privilege, such as legal advice; personal information about other people; and information provided to the commission in-confidence.

If an applicant is not satisfied by a decision made by the commission, under section 49A of the Act, they have the right to seek a review by the Office of the Victorian Information Commissioner (OVIC) within 28 days of receiving a decision letter.

Making a request

An application fee may apply. Access charges may also be payable if the document pool is large, and the search for material, time consuming.

Access to documents can also be obtained through a written request to:

John Henry, Principal Solicitor, VEU program
Essential Services Commission
Level 37, 2 Lonsdale Street
Melbourne VIC 3000

When making a freedom of information (FoI) request, applicants should ensure requests are in writing, and clearly identify what types of material/documents are being sought.

Freedom of information statistics and timeliness

During 2018–19, the commission received six applications.

The commission made four FoI decisions during the 12 months ended 30 June 2019.

Three decisions were made within the statutory time period. Two decisions were not required to be made in the financial year 2018–19.

The average time taken to finalise requests in 2018–19 was 53 days.

During 2018–19, one request was subject to an internal review by Office of the Victorian Information Commissioner.

More information

Further information regarding the operation and scope of FoI can be obtained from the Act, regulations made under the Act, and foi.vic.gov.au.

Further information may be obtained from:

• Freedom of Information Act 1982
• Freedom of Information (Access Charges) Regulation 2014
• Freedom of Information Regulations 2019 www.foi.vic.gov.au

Reports, publications and informal requests

Find details about our reports and publications on our website: www.esc.vic.gov.au

Requests may also be directed to:

Essential Services Commission
Level 37, 2 Lonsdale Street
Melbourne, Vic 3000
Telephone: (03) 9032 1300
or 1300 664 969
publications@esc.vic.gov.au