{"id":"sr:essential-services-commission-regulations-2021","name":"Essential Services Commission Regulations 2021","slug":"essential-services-commission-regulations-2021","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":185942,"registerId":"vic-sr:essential-services-commission-regulations-2021-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Essential Services Commission Regulations 2021","content":"Version No. 001\n\n**Essential Services Commission Regulations 2021**\n\n**S.R. No. 145/2021**\n\nVersion as at  \n1 December 2021\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\n1 Objective 1\n\n2 Authorising provision 1\n\n3 Commencement 1\n\n4 Revocations 1\n\n5 Definitions 1\n\n6 Charter of Consultation and Regulatory Practice 2\n\n7 Matters to be included in the annual report 2\n\n8 Information sharing—prescribed persons or bodies 4\n\n═════════════\n\nEndnotes 5\n\n1 General information 5\n\n2 Table of Amendments 7\n\n3 Amendments Not in Operation 8\n\n4 Explanatory details 9\n\n**Version No.** **001**\n\n**Essential Services Commission Regulations 2021**\n\n**S.R. No. 145/2021**\n\nVersion as at  \n1 December 2021\n\n\t1 Objective\n\nThe objective of these Regulations is to prescribe certain matters in relation to the **Essential Services Commission Act 2001**.\n\n\t2 Authorising provision\n\nThese Regulations are made under section 65 of the **Essential Services Commission Act 2001**.\n\n\t3 Commencement\n\nThese Regulations come into operation on 1 December 2021.\n\n\t4 Revocations\n\nThe following Regulations are **revoked**—\n\n(a) the Essential Services Commission Regulations 2011[[1]](#endnote-1);\n\n(b) the Essential Services Commission Amendment Regulations 2019[[2]](#endnote-2).\n\n\t5 Definitions\n\nIn these Regulations—\n\n***Charter*** means the Charter of Consultation and Regulatory Practice referred to in section 14 of the Act;\n\n***the Act*** means the **Essential Services Commission Act 2001**.\n\n\t6 Charter of Consultation and Regulatory Practice\n\nFor the purposes of section 14(2)(a) of the Act, the following matters are prescribed—\n\n(a) the form and manner in which future work programs will be published in relation to each regulated industry;\n\n(b) how inquiries, decisions and determinations are to be notified;\n\n(c) the processes for public consultation that are to precede determinations and inquiries;\n\n(d) the requirements in relation to public hearings by the Commission;\n\n(e) the processes for reviewing the Charter;\n\n(f) what is to be done to ensure best practice by the Commission in performing its functions.\n\n\t7 Matters to be included in the annual report\n\nFor the purposes of section 31 of the Act, the following information is prescribed—\n\n(a) an overview of—\n\n(i) what the Commission has done to meet its objective under the Act; and\n\n(ii) how the Commission has performed its functions in relation to each regulated industry; and\n\n(iii) the Charter, including how the Commission has given effect to the Charter in its activities; and\n\n(iv) any memorandum of understanding entered into by the Commission;\n\n(b) a general description of any price determination made by the Commission under section 33 of the Act;\n\n(c) a general description of any third party access regime determination made by the Commission under Part 3A of the Act;\n\n(d) the outcome of any—\n\n(i) inquiry conducted under Part 5 of the Act; and\n\n(ii) proceeding for a contravention order that was finalised; and\n\n(iii) decision of the Commission, under section 60C(3) of the Act, to disclose information or the contents of a document given to the Commission;\n\n(e) the number of information gathering notices served under section 36 of the Act;\n\n(f) the number of information gathering notices served under section 37 of the Act;\n\n(g) a general description of the nature of the matters in respect of which the information gathering notices were served under sections 36 and 37 of the Act;\n\n(h) the number of proceedings commenced to challenge the validity of information gathering notices;\n\n(i) the number of entries onto premises by an inspector under section 39P of the Act;\n\n(j) the number of search warrants issued under section 39S of the Act;\n\n(k) a general description of the nature of the matters in respect of which the search warrants were issued;\n\n(l) a general summary of the kinds of complaints received by the Commission in relation to regulated entities and how it dealt with them;\n\n(m) a general description of the major matters investigated by the Commission;\n\n(n) the number of times the Commission commenced a proceeding for a contravention order and a general description of the reasons for doing so;\n\n(o) the number, type and result of applications for review made to VCAT under section 55 of the Act;\n\n(p) a statement that shows the Commission's total costs and expenses in relation to each regulated industry.\n\n\t8 Information sharing—prescribed persons or bodies\n\nFor the purposes of paragraph (d) of the definition of ***relevant agency*** in section 60E(9) of the Act—\n\n(a) the Secretary of the Department of Environment, Land, Water and Planning is a prescribed person in relation to the Solar Homes Program administered by the Department of Environment, Land, Water and Planning; and\n\n(b) the Commercial Passenger Vehicle Commission established under section 115B of the **Transport Integration Act 2010** is a prescribed body; and\n\n(c) the Clean Energy Regulator established under section 11 of the Clean Energy Regulator Act 2011 of the Commonwealth is a prescribed body.\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 Commission Regulations 2021, S.R. No. 145/2021 were made on 30 November 2021 by the Governor in Council under section 65 of the **Essential Services Commission Act 2001**, No. 62/2001 and came into operation on 1 December 2021: regulation 3.\n\nThe Essential Services Commission Regulations 2021 will sunset 10 years after the day of making on 30 November 2031 (see section 5 of the **Subordinate Legislation Act 1994**).\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 regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule 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 a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule 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 a Statutory Rule 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 a Statutory Rule. See section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThere are no amendments made to the Essential Services Commission Regulations 2021 by statutory rules, subordinate instruments and Acts.\n\n3 Amendments Not in Operation\n\nThis version does not contain amendments that are not yet in operation.\n\n4 Explanatory details\n\n1. Reg. 4(a): S.R. No. 155/2011 as amended by S.R. No. 127/2019. [↑](#endnote-ref-1)\n\n2. Reg. 4(b): S.R. No. 127/2019. [↑](#endnote-ref-2)","sortOrder":0}],"analysis":{"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"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulations maintain the same scope as their predecessors. They continue to perform the standard subsidiary function of operationalising the parent Act through prescription of procedural matters (consultation processes, reporting requirements, and information sharing). There is no evidence of scope creep—the 2021 version is a straightforward re-enactment with updated details rather than an expansion into new regulatory territory."},"complexity_factors":["Only 8 regulations total, with minimal conditional language","Just 2 defined terms in the interpretation section ('Charter' and 'the Act')","No nested exceptions or complex cross-referencing structures","Straightforward prescriptive provisions (listing what 'must' be done rather than conditional scenarios)","Single-layer legislative references (primarily back to the Essential Services Commission Act 2001)","No penalty provisions, offence provisions, or enforcement mechanisms within the regulations themselves"],"plain_english_summary":"These regulations set out operational details for Victoria's Essential Services Commission (ESC), which is the independent regulator overseeing essential services like electricity, gas, water, and transport.\n\n**What the regulations do:**\n\n- **Replace old rules:** They revoke and replace the 2011 regulations (and a 2019 amendment), updating the framework for how the ESC operates.\n\n- **Set consultation rules:** They specify how the ESC must consult with the public and industry before making decisions—covering things like publishing work programs, notifying people about inquiries, holding public hearings, and reviewing their own consultation practices.\n\n- **Dictate annual reporting:** They require the ESC to report publicly on its activities each year, including:\n  - How it met its objectives and performed its functions\n  - Details of price-setting decisions and access arrangements for infrastructure\n  - How many information-gathering notices and search warrants it used\n  - Complaint handling and investigations\n  - Costs broken down by industry\n\n- **Enable information sharing:** They allow the ESC to share information with three specific bodies—the Victorian Department of Environment, Land, Water and Planning (for the Solar Homes Program), the Commercial Passenger Vehicle Commission (which regulates taxis and rideshares), and the federal Clean Energy Regulator.\n\n**Who it affects:**\n- Victorian households and businesses that use electricity, gas, water, or transport services\n- Companies regulated by the ESC (energy retailers, water utilities, etc.)\n- Other government agencies that work with the ESC\n\n**Why it matters:**\nThese rules ensure the ESC operates transparently, consults properly before making decisions that affect bills and services, and can share information with other regulators to protect consumers and ensure compliance."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"These Regulations continue the subordinate role authorised by s.65 of the Act by prescribing matters for specified sections of the Act (notably s.14(2)(a), s.31 and s.60E(9)). They revoke earlier subordinate instruments (Reg 4) but, on their face, perform the same function of specifying consultation, reporting and information‑sharing mechanics rather than expanding the Commission’s statutory powers."},"complexity_factors":["Direct cross‑references to multiple provisions of the Essential Services Commission Act 2001 (e.g. s.14(2)(a), s.31, s.60E(9)) which require checking the parent Act to understand legal effect","Long list of prescribed reporting items (Reg 7) creating modest compliance and record‑keeping requirements for the Commission","Prescriptive procedural requirements for consultation and notification (Reg 6) which limit discretion and require procedural implementation","Information‑sharing nominations (Reg 8) that bind specific external bodies and therefore interact with other agencies' regimes","Revocation of prior subordinate instruments (Reg 4) requiring comparison against the revoked instruments to identify any drafting or scope differences","Limited operational complexity — rules are mostly procedural and descriptive rather than creating new substantive powers"],"plain_english_summary":"These Regulations set out specific administrative and reporting requirements for the Essential Services Commission under the Essential Services Commission Act 2001. They prescribe how the Commission must run consultations and publish future work, what items must appear in its annual report, and which external bodies are authorised recipients of information. The rules affect the Commission, regulated industries and named external agencies by fixing the form, content and disclosure paths for regulatory activity and information-sharing, and by revoking earlier regulations."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Insufficient content was provided to determine whether the scope of these regulations changed from their original intent. The document contains only administrative metadata (version numbers, status labels, and legislative information headers) with no operative provisions, objects clauses, or explanatory material to assess against."},"complexity_factors":["Only structural metadata and version history were provided — no substantive regulatory content is available for analysis","Without the operative provisions, rules, schedules, or definitions, complexity cannot be fully assessed","The underlying ESC Act and regulatory framework it supports are moderately complex, but that cannot be evaluated from this document alone","Version consolidation history suggests amendments have been made, which can add interpretive complexity, but details are absent"],"plain_english_summary":"These regulations are made under Victoria’s Essential Services Commission Act 2001 and would set detailed rules for the ESC’s oversight of electricity, gas, water and public transport. The supplied file contains only metadata and no substantive regulatory text, so the specific obligations, fees or procedures can’t be determined here. If enacted, such regulations would affect consumers, utility providers and businesses by shaping prices, service standards and complaint handling."}},"importantCases":[],"_links":{"self":"/api/acts/essential-services-commission-regulations-2021","history":"/api/acts/essential-services-commission-regulations-2021/history","analysis":"/api/acts/essential-services-commission-regulations-2021/analysis","conflicts":"/api/acts/essential-services-commission-regulations-2021/conflicts","importantCases":"/api/acts/essential-services-commission-regulations-2021/important-cases","documents":"/api/acts/essential-services-commission-regulations-2021/documents"}}