{"id":"essential-services-act-1958","name":"Essential Services Act 1958","slug":"essential-services-act-1958","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":177963,"registerId":"vic-essential-services-act-1958-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Essential Services Act 1958","content":"Version No. 055\n\n**Essential Services Act 1958**\n\n**No. 6244 of 1958**\n\nVersion incorporating amendments as at  \n1 July 2024\n\n**table of provisions**\n\n*Section Page*\n\n1 Short title and commencement 1\n\n2 Repeal 1\n\n3 Definitions 2\n\n4 Proclamation of emergency where essential service is likely to be interrupted 4\n\n5 Powers of Minister during period of emergency 6\n\n6 Compliance with directions etc. of Minister 7\n\n7 Delegation of powers and functions by Minister 7\n\n8 Application and operation of directions etc. 8\n\n9 Compensation to persons and bodies complying with directions etc. 8\n\n10 Power to prohibit opening of specified places etc. 9\n\n11 Penalty for taking part in strike without approval by secret ballot 9\n\n12 Secret ballots as to continuation of certain strikes etc. 10\n\n13 Lock-outs in essential services illegal 11\n\n14 Offence to intimidate etc. employees in essential services 11\n\n15 Offences and penalty 12\n\n16 Appropriation 12\n\nSchedule 13\n\nEndnotes 14\n\n1 General information 14\n\n2 Table of Amendments 16\n\n3 Explanatory details 19\n\n**Version No.** **055**\n\n**Essential Services Act 1958**\n\n**No. 6244 of 1958**\n\nVersion incorporating amendments as at  \n1 July 2024\n\nAn Act to consolidate the Law making provision with respect to the Protection of the Community against the Interruption or Dislocation of Essential Services.\n\n**BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):**\n\n\t1 Short title and commencement\n\nThis Act may be cited as the **Essential Services Act 1958**, and shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.\n\n\t2 Repeal\n\n(1) The Act mentioned in the Schedule to the extent thereby expressed to be repealed is hereby repealed accordingly.\n\n(2) Except as in this Act expressly or by necessary implication provided—\n\n(a) all persons things and circumstances appointed or created by or under the repealed Act or existing or continuing under such Act immediately before the commencement of this Act shall under and subject to this Act continue to have the same status operation and effect as they respectively would have had if such Act had not been so repealed;\n\n(b) in particular and without affecting the generality of the foregoing paragraph, such repeal shall not disturb the continuity of status operation or effect of any proclamation regulation order declaration decision petition direction prohibition requisition revocation compensation appointment agreement arbitration ballot delegation liability or right made effected issued granted given presented passed fixed accrued incurred or acquired or existing or continuing by or under such Act before the commencement of this Act.\n\nNo. 5263 s. 2.\n\n\t3 Definitions\n\nIn this Act unless inconsistent with the context or subject-matter—\n\nS. 3 def. of *essential service* amended by Nos 8353 s. 19, 8976 s. 11(a)(i)(ii), 9902 s. 2(1) (Sch. item 78), 9921 s. 255, 44/1989 s. 41 (Sch. 2 item 12), 81/1989 s. 3(Sch. item 13), 130/1993 s. 122(Sch. 4 item 3) (as amended by No. 53/1994 s. 23(3)(b)), 53/1994 s. 34(Sch. 1 item 1), 110/1994 s. 41(Sch. 1 item 2), 112/1994 s. 114(Sch. 5 item 4), 31/1995 s. 52(Sch. 1 item 5), 91/1997  \ns. 45, 104/1997  \ns. 45, 25/1998  \ns. 170, 30/2000 s. 35, 69/2000 s. 51, 6/2010 s. 203(1)(Sch. 6 item 19) (as amended by No. 45/2010 s. 22), 11/2024 s. 90.\n\n***essential service*** means any of the following services, namely—\n\n(a) transport;\n\n(b) fuel;\n\n(c) light;\n\n(d) power;\n\n(e) water;\n\n(f) sewerage;\n\n(g) any service (whether of a type similar to the foregoing or not) specified from time to time by order of the Governor in Council published in the Government Gazette—\n\nprovided to the public by a passenger transport company within the meaning of the **Transport (Compliance and Miscellaneous) Act 1983**, a train operator or a tram operator as defined in section 3(1) of the **Rail Management Act 1996**, Generation Victoria, National Electricity, VENCorp, a distribution company, a transmission company or a generation company within the meaning of the **Electricity Industry Act 2000**, the Melbourne and Metropolitan Board of Works, any Authority under the **Water Act 1989** any gas company within the meaning of the **Gas Industry Act 1994** or any other person or body specified (whether generally or specially and whether that person or body is a person or body representing the Crown or not) by Order in Council published in the Government Gazette in relation to such service; and includes any service provided operated controlled regulated or directed by the Minister under this Act during a period of emergency;\n\n***Minister*** means the Minister (including the Premier of Victoria) for the time being designated by the Premier of Victoria as the Minister for any purpose under this Act;\n\nS. 3 def. of *period of emergency* amended by No. 23/2002 s. 191(1)(a).\n\n***period of emergency*** means the time during which any proclamation of emergency made under this Act in relation to any essential service is in force;\n\nS. 3 def. of *Victorian Electoral Commission* inserted by No. 23/2002 s. 191(1)(b).\n\n***Victorian Electoral Commission*** means the Victorian Electoral Commission established under section 6 of the **Electoral Act 2002**.\n\nNo. 5263 s. 3.\n\n\t4 Proclamation of emergency where essential service is likely to be interrupted\n\nS. 4(1) substituted by No. 9028 s. 2.\n\n(1) Where at any time it appears to the Governor in Council that any action has been taken or is likely to be taken or has been threatened to be taken by any person or body of persons whereby any essential service is or is likely to be interrupted, dislocated or materially diminished and—\n\n(a) the opportunity of persons (other than those by whom the action has been taken or is likely to be taken or has been threatened to be taken) to be gainfully employed in their usual occupations; or\n\n(b) the health or safety of the public or any section of the public; or\n\n(c) the maintenance of peace and good order in Victoria is prejudiced or threatened or is likely to be prejudiced or threatened—\n\nthe Governor in Council may by proclamation published in the Government Gazette (in this Act referred to as \"a proclamation of emergency\") declare that a state of emergency exists in relation to that essential service.\n\n(2) Any such proclamation in relation to any essential service may be limited therein as to time place and circumstance.\n\nS. 4(2A) inserted by No. 8976 s. 11(b).\n\n(2A) Any such proclamation in relation to any essential service may provide that any particular provision of this Act shall not apply to or in relation to that essential service during the period of emergency.\n\n(3) No such proclamation shall be in force for more than one month, without prejudice to the issue of another proclamation of emergency before at or after the end of that period.\n\n(4) Any such proclamation may be revoked—\n\n(a) by a proclamation of the Governor in Council published in the Government Gazette; or\n\nS. 4(4)(b) amended by No. 8976 s. 11(c).\n\n(b) by a resolution passed by either House of the Parliament.\n\n(5) If—\n\n(a) at the time of the publication in the Government Gazette of any proclamation of emergency Parliament is not sitting; and\n\n(b) a petition signed by not less than twenty members of the Legislative Assembly or by not less than thirty members of Parliament all or any of whom are members of the Legislative Council objecting to such proclamation and requesting that Parliament should be summoned is addressed to the Speaker of the Legislative Assembly or the President of the Legislative Council—\n\nParliament shall be summoned to meet as soon as practicable thereafter.\n\nNo. 5263 s. 4.\n\n\t5 Powers of Minister during period of emergency\n\n(1) The Minister may provide operate control regulate and direct any essential service (whether by way of continuation or modification of, or substitution for, any essential service theretofore provided) during a period of emergency.\n\n(2) The Minister may employ at not less than award rates such persons in such numbers and upon such terms as appear to him to be necessary for the carrying into effect of the powers referred to in the last preceding subsection.\n\n(3) Without limiting the generality of the foregoing provisions of this section the Minister may—\n\n(a) direct what services shall be maintained and upon what terms and conditions they shall operate;\n\n(b) direct persons and bodies to operate and maintain services to the extent and upon the terms specified in the direction;\n\n(c) direct at what times and places and upon what terms and conditions and in what manner services may be used or availed of;\n\n(d) prohibit the operation or use of services except, if so specified in the prohibition, with the consent of the Minister;\n\n(e) requisition the use of property of any kind which is used or may be used for or in connexion with the operation or maintenance of any essential service;\n\n(f) provide for or control, by direction prohibition or requisition, the operation use disposal distribution storage repair upkeep and maintenance of any property or commodity used or which may be used for or in connexion with any essential service;\n\n(g) provide, by direction prohibition or requisition, for any matter or thing incidental to the carrying into effect of the powers referred to in this section.\n\nNo. 5263 s. 5.\n\n\t6 Compliance with directions etc. of Minister\n\n(1) Every body and every person to which or to whom any direction prohibition or requisition is addressed or directed under this Act shall comply with such direction prohibition or requisition.\n\n(2) Such a direction prohibition or requisition may be addressed or directed to bodies and persons generally or particularly, in writing or verbally, by publication or advertisement or by any other means or in any other manner which appear or appears to the Minister to be practicable appropriate or expedient in the circumstances.\n\nNo. 5263 s. 6.\n\n\t7 Delegation of powers and functions by Minister\n\n(1) The Minister may in relation to any matter or class of matters or in relation to any part of Victoria by writing under his hand delegate all or any of his powers and functions under this Act (except this power of delegation) so that the delegated powers or functions may be exercised by the delegate with respect to the matters or class of matters or part of Victoria specified in the instrument of delegation.\n\n(2) Every delegation under this section shall be revocable at will and no delegation shall prevent the exercise of any power or function by the Minister.\n\nNo. 5263 s. 7.\n\n\t8 Application and operation of directions etc.\n\n(1) Any direction prohibition or requisition under this Act—\n\n(a) may be made so as to apply to or have operation throughout the whole or any part of Victoria;\n\n(b) may subject to this Act be made so as to operate for any period or periods or for any time or times or for any occasion or occasions specified therein;\n\n(c) may be of general operation or of specially limited operation according to time place circumstances conditions or restrictions;\n\nS. 8(1)(d) amended by No. 8976 s. 11(d).\n\n(d) may be revoked by the Minister or by a resolution passed by either House of the Parliament; and\n\n(e) shall have effect as if enacted in this Act.\n\n(2) The expiry or revocation of any direction prohibition or requisition under this Act shall not be deemed to have affected the previous operation thereof or the validity of any action taken thereunder or any penalty or punishment incurred in respect of any contravention of or failure to comply therewith or any proceeding or remedy in respect of any such penalty or punishment.\n\nNo. 5263 s. 8.\n\n\t9 Compensation to persons and bodies complying with directions etc.\n\n(1) Any person or body of persons who or which as the result of compliance with any direction prohibition or requisition addressed or directed under this Act to him or it or while complying with or being engaged in the carrying into effect of any such direction prohibition or requisition suffers loss damage or injury shall be entitled to compensation under this Act.\n\n(2) Every claim for compensation under this Act shall be made in a form and within a time approved by the Governor in Council.\n\nS. 9(3) amended by Nos 16/1986 s. 30, 50/2011 s. 46(Sch. item 6.1).\n\n(3) In default of agreement as to the amount of compensation between the Minister and the claimant the Minister shall direct that the matter be referred to arbitration before a sole arbitrator who shall, where the claim is for an amount greater than $1000, be a County Court judge nominated by the Governor in Council and in any other case be a magistrate so nominated.\n\nS. 9(4) amended by No. 50/2011 s. 46(Sch. item 6.2).\n\n(4) Save as aforesaid the provisions of the **Commercial Arbitration Act 2011** shall apply with respect to such arbitration and the Minister's direction shall be deemed to be the submission under the said Act and the Minister and the claimant shall be deemed to be the parties thereto.\n\nNo. 5263 s. 9.\n\n\t10 Power to prohibit opening of specified places etc.\n\nDuring any period of emergency the Governor in Council may by Order published in the Government Gazette prohibit the opening of places of public amusement or entertainment specified therein during the hours and within the areas specified therein and may in like manner revoke or amend any such Order.\n\nNo. 5263 s. 10.\n\n\t11 Penalty for taking part in strike without approval by secret ballot\n\nS. 11(1) amended by Nos 75/1988 s. 4(3)(Sch. item 2), 23/2002 s. 191(2).\n\n(1) If a strike or similar interruption occurs in any essential service, unless at a secret ballot held by the Victorian Electoral Commission before the strike or interruption commences and in accordance with the regulations under this section a majority of persons entitled to vote is declared to have voted in favour of such strike or interruption, every person who and the trustees of any trade union which or any officer of which instigates or takes part in such strike or interruption shall be liable—\n\n(a) in the case of an officer or the trustees of a trade union to a penalty of not more than $2000;\n\n(b) in the case of any other person to a penalty of not more than $100.\n\nS. 11(2) amended by No. 6886 s. 3 (as amended by No. 6961 s. 2).\n\n(2) The Governor in Council may make regulations for or with respect to—\n\n(i) the taking of secret ballots for the purposes of this and the next succeeding section, including the preparation of rolls of persons entitled to vote thereat, the preparation and distribution of ballot papers, the method of voting, the conduct of the ballot, the counting of votes and the declaration of the results; and\n\n(ii) any other matter necessary or expedient to be prescribed for the purposes of this or the next succeeding section.\n\nS. 11(2)(b) repealed by No. 6886 s. 3.\n\n* * * * *\n\nNo. 5263 s. 11.\n\n\t12 Secret ballots as to continuation of certain strikes etc.\n\nS. 12(1) amended by Nos 75/1988 s. 4(3)(Sch. item 2), 23/2002 s. 191(2).\n\n(1) Where a strike or similar interruption in any essential service has occurred whether before or after the commencement of this Act but before the commencement of subsection (1) of the last preceding section and continues after the commencement of the said subsection (1) the Governor in Council may direct a secret ballot to be held by the Victorian Electoral Commission in accordance with the regulations made under the last preceding section.\n\n(2) Unless at such ballot a majority of persons entitled to vote is declared to have voted in favour of the continuation of such strike or interruption, every person who and the trustees of any trade union which or any officer of which after the declaration of the result of the ballot continues to take part in or instigates the continuation of such strike or interruption shall be liable—\n\n(a) in the case of an officer or the trustees of a trade union to a penalty of not more than $2000;\n\n(b) in the case of any other person to a penalty of not more than $100.\n\nNo. 5263 s. 12.\n\n\t13 Lock-outs in essential services illegal\n\nAny person or body of persons who or which causes any employés in any essential service to be locked out shall be guilty of an offence against this Act and shall be liable to a penalty of not more than $2000.\n\nNo. 5263 s. 13.\n\n\t14 Offence to intimidate etc. employees in essential services\n\nAny person who, during any period of emergency, by force threats intimidation or offensive action of any kind (against whomsoever directed) interferes with molests or annoys any other person in the course of or in relation to the performance by such other person of any duty in respect of any essential service shall be guilty of an offence against this Act.\n\nNo. 5263 s. 14.\n\n\t15 Offences and penalty\n\n(1) Any person or body who or which contravenes or fails to comply with any direction prohibition or requisition or any Order in Council or regulation under this Act shall be guilty of an offence against this Act.\n\n(2) Every person or body who or which aids abets incites counsels or procures or is in any way directly or indirectly knowingly concerned in the commission of any offence against this Act shall be deemed to have committed that offence and shall be punishable accordingly.\n\nS. 15(3) amended by No. 8976 s. 11(e).\n\n(3) Every person or body who or which is guilty of an offence against this Act shall where no other penalty is expressly provided be liable to a penalty of not more than $1000 or to imprisonment for a term of not more than six months.\n\nNo. 5263 s. 15.\n\nS. 16 amended by No. 9902 s. 2(1)(Sch. item 79).\n\n\t16 Appropriation\n\nAny sums required to be paid or provided for the purposes of this Act shall be paid out of the Consolidated Fund (which is hereby to the necessary extent appropriated accordingly).\n\nSchedule\n\nSection 2.\n\n- *Number of Act* *Title of Act* *Extent of Repeal*\n- 5263 **Essential Services Act 1948** The whole.\n\n\n\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe **Essential Services Act 1958** was assented to on 30 September 1958 and came into operation on 1 April 1959: Government Gazette 18 March 1959 page 892.\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original section or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.  \nSee section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the **Essential Services Act 1958** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**Subordinate Legislation Act 1962, No. 6886/1962** (as amended by No. 6961/1962)\n\n| Assent Date: | 8.5.62 |\n| --- | --- |\n| Commencement Date: | 1.8.62: Government Gazette 4.7.62 p. 2314 |\n| Current State: | All of Act in operation |\n\n\n**Railways (Amendment) Act 1972, No. 8353/1972**\n\n| Assent Date: | 13.12.72 |\n| --- | --- |\n| Commencement Date: | 8.5.73: Government Gazette 2.5.73 p. 946 |\n| Current State: | All of Act in operation |\n\n\n**Fuel Emergency Act 1977, No. 8976/1977**\n\n| Assent Date: | 3.5.77 |\n| --- | --- |\n| Commencement Date: | 3.5.77 |\n| Current State: | All of Act in operation |\n\n\n**Essential Services (Right to Work) Act 1977, No. 9028/1977**\n\n| Assent Date: | 5.10.77 |\n| --- | --- |\n| Commencement Date: | 5.10.77 |\n| Current State: | All of Act in operation |\n\n\n**Statute Law Revision Act 1983, No. 9902/1983**\n\n| Assent Date: | 15.6.83 |\n| --- | --- |\n| Commencement Date: | 15.6.83: subject to s. 2(2) |\n| Current State: | All of Act in operation |\n\n\n**Transport Act 1983, No. 9921/1983**\n\n| Assent Date: | 23.6.83 |\n| --- | --- |\n| Commencement Date: | S. 255 on 1.7.83: s. 1(2)(c) |\n| Current State: | This information relates only to the provision/s amending the **Essential Services Act 1958** |\n\n\n**Courts Amendment Act 1986, No. 16/1986**\n\n| Assent Date: | 22.4.86 |\n| --- | --- |\n| Commencement Date: | S. 30 on 1.7.86: Government Gazette 25.6.86 p. 2180 |\n| Current State: | This information relates only to the provision/s amending the **Essential Services Act 1958** |\n\n\n**The Constitution Act Amendment (Electoral Reform) Act 1988, No. 75/1988**\n\n| Assent Date: | 15.12.88 |\n| --- | --- |\n| Commencement Date: | 1.1.89: s. 2 |\n| Current State: | All of Act in operation |\n\n\n**Transport (Amendment) Act 1989, No. 44/1989**\n\n| Assent Date: | 6.6.89 |\n| --- | --- |\n| Commencement Date: | S. 41(Sch. 2 item 12) on 1.7.89: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Essential Services Act 1958** |\n\n\n**Water (Consequential Amendments) Act 1989, No. 81/1989**\n\n| Assent Date: | 5.12.89 |\n| --- | --- |\n| Commencement Date: | 1.11.90: Government Gazette 15.8.90 p. 2473 |\n| Current State: | All of Act in operation |\n\n\n**Electricity Industry Act 1993, No. 130/1993** (as amended by No. 53/1994)\n\n| Assent Date: | 14.12.93 |\n| --- | --- |\n| Commencement Date: | S. 122(Sch. 4 item 3) on 3.1.94: Special Gazette (No. 97) 23.12.93 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Essential Services Act 1958** |\n\n\n**Electricity Industry (Amendment) Act 1994, No. 53/1994** (as amended by No. 110/1994)\n\n| Assent Date: | 15.6.94 |\n| --- | --- |\n| Commencement Date: | S. 34 on 3.10.94: Special Gazette (No. 64) 27.9.94 p. 1; Sch. 1 item 1 on 3.10.94: s. 2(4A) |\n| Current State: | This information relates only to the provision/s amending the **Essential Services Act 1958** |\n\n\n**Electricity Industry (Further Amendment) Act 1994, No. 110/1994**\n\n| Assent Date: | 20.12.94 |\n| --- | --- |\n| Commencement Date: | S. 41(Sch. 1 item 2) on 20.12.94: Special Gazette (No. 100) 20.12.94 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Essential Services Act 1958** |\n\n\n**Gas Industry Act 1994, No. 112/1994**\n\n| Assent Date: | 20.12.94 |\n| --- | --- |\n| Commencement Date: | S. 114(Sch. 5 item 4) on 20.12.94: Special Gazette (No. 100) 20.12.94 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Essential Services Act 1958** |\n\n\n**Gas and Fuel Corporation (Repeal) Act 1995, No. 31/1995**\n\n| Assent Date: | 6.6.95 |\n| --- | --- |\n| Commencement Date: | S. 52(Sch. 1 item 5) on 21.6.95: Special Gazette (No. 49) 14.6.95 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Essential Services Act 1958** |\n\n\n**Gas Industry (Further Amendment) Act 1997, No. 91/1997**\n\n| Assent Date: | 9.12.97 |\n| --- | --- |\n| Commencement Date: | S. 45 on 11.12.97: Special Gazette (No. 155) 9.12.97 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Essential Services Act 1958** |\n\n\n**Rail Corporations (Amendment) Act 1997, No. 104/1997**\n\n| Assent Date: | 16.12.97 |\n| --- | --- |\n| Commencement Date: | S. 45 on 31.3.98: Special Gazette (No. 23) 31.3.98 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Essential Services Act 1958** |\n\n\n**Electricity Safety Act 1998, No. 25/1998**\n\n| Assent Date: | 12.5.98 |\n| --- | --- |\n| Commencement Date: | S. 170 on 1.7.98: |\n| Current State: | This information relates only to the provision/s amending the **Essential Services Act 1958** |\n\n\n**Transport (Amendment) Act 2000, No. 30/2000**\n\n| Assent Date: | 30.5.00 |\n| --- | --- |\n| Commencement Date: | 31.5.00: s. 2 |\n| Current State: | All of Act in operation |\n\n\n**Electricity Industry Legislation (Miscellaneous Amendments) Act 2000, No. 69/2000**\n\n| Assent Date: | 21.11.00 |\n| --- | --- |\n| Commencement Date: | S. 51 on 1.1.01: s. 2(4) |\n| Current State: | This information relates only to the provision/s amending the **Essential Services Act 1958** |\n\n\n**Electoral Act 2002, No. 23/2002**\n\n| Assent Date: | 12.6.02 |\n| --- | --- |\n| Commencement Date: | S. 191 on 1.9.02: Government Gazette 29.8.02 p. 2333 |\n| Current State: | This information relates only to the provision/s amending the **Essential Services Act 1958** |\n\n\n**Transport Integration Act 2010, No. 6/2010** (as amended by No. 45/2010)\n\n| Assent Date: | 2.3.10 |\n| --- | --- |\n| Commencement Date: | S. 203(1)(Sch. 6 item 19) on 1.7.10: Special Gazette (No. 256) 30.6.10 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Essential Services Act 1958** |\n\n\nCommercial Arbitration Act 2011, No. 50/2011\n\n| Assent Date: | 18.10.11 |\n| --- | --- |\n| Commencement Date: | S. 46(Sch. item 6) on 17.11.11: Special Gazette (No. 369) 15.11.11 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Essential Services Act 1958** |\n\n\n**State Electricity Commission Amendment Act 2024, No. 11/2024**\n\n| Assent Date: | 26.3.24 |\n| --- | --- |\n| Commencement Date: | S. 90 on 1.7.24: Special Gazette (No. 319) 18.6.24    p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Essential Services Act 1958** |\n\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\nNo entries at date of publication.","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Yes. The Act's operational scope has expanded since 1958. The definition of 'essential service' has been repeatedly amended and linked to modern energy, water and transport statutes, bringing additional corporate bodies and industries within the Act's reach (s.3; Table of Amendments). Procedural and remedial mechanisms were also layered on later — notably secret‑ballot strike procedures tied to the Victorian Electoral Commission (ss.11–12, Electoral Act 2002 amendments) and arbitration under the Commercial Arbitration Act 2011 for compensation claims (s.9(3)–(4)) — changing how the Act is implemented and enforced."},"complexity_factors":["Broad executive discretion: Minister may operate, control, direct, prohibit, or requisition services and property during a period of emergency (s.5).","Wide and evolving definition of 'essential service' tied to multiple other Acts and amended many times, increasing technical scope and cross‑statutory interaction (s.3; Table of Amendments).","Emergency proclamation mechanics: short default duration (one month), geographic/time limits, ability to exclude provisions, revocation by Parliament, and summons provision for Parliament (s.4).","Delegation and revocability: Minister may delegate most powers by writing but can revoke delegations at will and still exercise powers personally (s.7).","Multiple enforcement pathways: civil compensation, arbitration, criminal penalties, fines and imprisonment across several provisions (ss.9, 11–15).","Compensation process references external arbitration regime (Commercial Arbitration Act 2011) and nominates judicial arbitrators above a monetary threshold, adding procedural complexity (s.9(3)–(4)).","Industrial relations rules: secret-ballot requirement administered by the Victorian Electoral Commission for lawful strikes and continuations adds procedural and evidentiary burdens (ss.11–12; s.3 def'n).","Flexible modes of giving directions (written, verbal, published, or 'any other means'), which raises practical compliance and notice issues (s.6(2)).","Interplay with subordinate instruments: Orders in Council, regulations and Gazette notices (eg prohibiting openings, specifying services or bodies) create layered delegated law (s.3; s.4(2A); s.10).","Continuity and transition rules preserving prior appointments, proclamations and rights from the repealed Act add historical and interpretive complexity (s.2 and Schedule)."],"plain_english_summary":"**What it does:** The Act lets the Governor in Council declare an emergency where an \"essential service\" (eg transport, fuel, power, water, sewerage) is threatened and gives the Minister broad powers to operate, control, direct, or requisition those services during that period. It requires compliance with directions, provides compensation and arbitration for losses, regulates strikes by secret ballot, and creates offences for lock-outs, intimidation and other breaches."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The practical scope of this Act has almost certainly narrowed considerably since 1958. The federal government's industrial relations powers — particularly through the Fair Work Act 2009 — now cover much of the ground this Act once occupied. What was originally a broad state-level mechanism to manage industrial disputes in essential services is now largely superseded by federal law, leaving this Act with a more limited residual role in Victorian-specific contexts."},"complexity_factors":["Age of the legislation (1958) means language and concepts may be archaic and harder to interpret","Interaction with modern federal industrial relations law (Fair Work Act 2009) creates jurisdictional overlap that requires careful analysis","The concept of 'essential services' requires definitional interpretation — determining what qualifies is not always straightforward","Emergency and discretionary powers granted to government/executive bodies raise questions about limits and accountability","Limited detail available in the provided text makes full assessment difficult — complexity may be higher upon reading full provisions","Version history suggests amendments over time, meaning the current operative text may differ significantly from the original 1958 version"],"plain_english_summary":"The Essential Services Act 1958 (Vic) authorises the state to intervene when critical services—like transport, electricity, gas and water—are disrupted or threatened, especially during industrial disputes. It affects workers, unions, employers in essential industries and all Victorians who rely on those services, giving government powers to keep vital services running to protect public welfare."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"Originally enacted in 1958 to consolidate emergency powers, the scope has expanded significantly through amendments. The definition of 'essential service' has grown from basic utilities (water, power, gas) to include modern electricity market entities (generators, distributors, transmission companies), rail operators, and tram operators. The 1977 amendments added the secret ballot requirements for strikes. The 2002 amendments transferred ballot conduct from the old State Electoral Office to the Victorian Electoral Commission. The 2024 amendments added 'Generation Victoria' and updated electricity entity references to reflect the return of public ownership in the energy sector. The Act has evolved from simple emergency management to a complex industrial relations control mechanism."},"complexity_factors":["16 main sections plus schedule, relatively short for an Act of this vintage (66 years old)","Extensive amendment history (22 amending Acts listed) creating patchwork definitions, particularly in section 3 (essential service definition)","Cross-references to multiple other Acts: Transport (Compliance and Miscellaneous) Act 1983, Rail Management Act 1996, Electricity Industry Act 2000, Water Act 1989, Gas Industry Act 1994, Electoral Act 2002, Commercial Arbitration Act 2011","Nested conditions in section 4 for declaring emergencies (three alternative prejudice thresholds)","Delegated legislation powers (regulations for secret ballots) without the regulations being included","Some archaic language ('employés' with accent in section 13, 'theretofore', 'hereinafter') though mostly readable"],"plain_english_summary":"This is Victorian legislation (not Commonwealth, despite the user's framing) that gives the government extraordinary powers to take control of essential services during emergencies.\n\n**What it does:**\n- **Declares emergencies**: The Governor in Council (effectively the Cabinet) can proclaim a state of emergency if an essential service is threatened, which affects employment, public health/safety, or peace and order.\n- **Defines essential services**: Includes transport, fuel, light, power, water, sewerage, and any other service the government specifies. Covers specific entities like power companies, water authorities, and public transport operators.\n- **Gives the Minister sweeping powers**: During an emergency, the Minister can direct, control, regulate, or take over any essential service. This includes telling companies how to operate, requisitioning property, directing employees, and prohibiting certain uses of services.\n- **Restricts industrial action**: \n  - Strikes in essential services are illegal unless approved by a secret ballot conducted by the Victorian Electoral Commission.\n  - Lock-outs by employers are illegal.\n  - Intimidating workers during emergencies is an offence.\n- **Provides compensation**: People or businesses who suffer loss from complying with ministerial directions can claim compensation, with disputes resolved by arbitration.\n- **Controls public spaces**: During emergencies, the government can ban places of amusement/entertainment from opening.\n\n**Who it affects:**\n- Workers in essential services (power, water, transport, etc.)\n- Unions and union officials\n- Essential service providers (public and private)\n- The general public during declared emergencies\n\n**Why it matters:**\nThis is a heavy-handed piece of industrial relations legislation disguised as emergency management. It allows the government to effectively nationalise essential services during disputes and criminalises strikes without secret ballots. It's rarely used but sits in the statute book as a threat to industrial action in vital sectors. The 2024 amendments updated references to electricity entities (like the revived State Electricity Commission)."}},"importantCases":[],"_links":{"self":"/api/acts/essential-services-act-1958","history":"/api/acts/essential-services-act-1958/history","analysis":"/api/acts/essential-services-act-1958/analysis","conflicts":"/api/acts/essential-services-act-1958/conflicts","importantCases":"/api/acts/essential-services-act-1958/important-cases","documents":"/api/acts/essential-services-act-1958/documents"}}