water industry

Reviews of decisions under the Water Industry Act 2012 (SA)

From 4 October 2018, SACAT will have review jurisdiction under the Water Industry Act 2012 (SA). This will enable reviews of certain decisions made by the Essential Services Commission, Authorised Officer or Technical Regulator .  

Types of Decisions that can be reviewed by SACAT

SACAT can review the following decisions of the Essential Services Commission to:

  • Issue or vary the terms or conditions of a water industry entity’s licence
  • Transfer a water industry entity’s licence
  • Refuse an application for a water industry entity licence
  • Suspend or cancel a water industry entity’s licence.

SACAT can review a decision of an Authorised Officer to issue an enforcement notice to secure compliance with a requirement imposed by or under the Act.

SACAT can also review a decision of the Technical Regulator to issue a direction to a person under the Act.

Applications of this kind will be handled by SACAT’s Administrative & Disciplinary Stream.

Time Limits

Generally, an application for review of a decision must be lodged within:

  • 14 days of the making of the decision
  • In special circumstances, the Tribunal may permit you to make an application after this time.

Before applying to SACAT for a review, you must:

To review a decision of the Essential Services Commission, Authorised Officer, Water Industry Officer or Technical Regulator, you must:

  1. Have a copy of the decision or order which you want to challenge – you should include this with your application.
  2. Indicate whether you are a seeking a stay pending the review on the application form.
  3. Ensure you are ready to pay the required fee for making an application.

How to apply:

Click here to start an online application.  In the field entitled ‘Type keyword here’ contained within Step 2 type the words ‘water industry’ as shown below and then scroll down to select the correct application type.

If you are not sure if you have selected the correct application type you can hover over the ‘question mark’ on the right-hand side to see a brief description of the application you have selected.

If you have any further questions or you would like a staff member from SACAT to assist you in completing the application please call SACAT on 1800 723 767 (and press menu option 3).

Attach a copy of the decision you are seeking to review:

You must upload a copy of the decision you are seeking to review when completing your on-line application, or you can email the decision to SACAT at sacat@sacat.sa.gov.au, or post the decision to SACAT at GPO Box 2361 Adelaide SA 5001. Please quote your tracking code or file number when sending any correspondence to SACAT.

Fees:

There is a filing fee applicable for this type of application. Payment can be made on-line by credit card at the time of completing the on-line form, or by using one of the other options outlined in the payment section of the on-line form.

Click here to see a list of current fees and information about payment methods and fee waiver options.

Organisations that may be able to assist you:

  • Legal Services Commission - www.lsc.sa.gov.au – The Legal Services Commission offer a free telephone legal advice line and other methods of advice for members of the public.
  • Welfare Rights Centre - www.wrcsa.org.au – The Welfare Rights Centre will provide free legal advice to people who are low income earners or are at risk of homelessness. In some instances the Welfare Rights Centre may represent a member of the public at the Tribunal.

Relevant legislation:

 Water Industry Act 2012 (SA)