40AImmediate suspension of licence of electrical worker

40A Immediate suspension of licence of electrical worker

(1) Energy Safe Victoria may, by written notice given to an electrical worker, immediately suspend the licence of the electrical worker if Energy Safe Victoria considers that it is in the interests of the public to do so—

(a) if Energy Safe Victoria proposes to commence an inquiry into the conduct of the electrical worker to determine whether there is proper cause for taking disciplinary action against the electrical worker under section 41; or

(b) during an inquiry described in paragraph (a).

(2) Without limiting subsection (1), matters that Energy Safe Victoria may have regard to in deciding whether it is in the interests of the public to immediately suspend the licence under that subsection include—

(a) whether the electrical worker is performing or has performed electrical work that poses—

(i) a risk to the health and safety of any person; or

(ii) a serious risk of significant damage to property; and

(b) whether the electrical worker has been the subject of multiple adverse disciplinary actions by Energy Safe Victoria; and

(c) whether the electrical worker has failed to comply with a condition of the electrical worker's licence.

(3) Energy Safe Victoria may suspend a licence under subsection (1) either wholly or partially in relation to a specified matter.

(4) A notice under subsection (1) must state—

(a) the decision of Energy Safe Victoria to immediately suspend the licence of the electrical worker; and

(b) that the suspension comes into effect on the giving of the notice; and

(c) the period of the suspension; and

(d) the reasons for the decision; and

(e) that the electrical worker may apply to the Tribunal under Part 6 for review of the decision.

(5) Energy Safe Victoria must provide detailed reasons for the suspension to the electrical worker in writing within 5 business days after giving the notice to the electrical worker.

(6) A suspension under subsection (1) remains in effect for the period specified in the notice unless—

(a) the suspension is revoked by Energy Safe Victoria; or

(b) the suspension is set aside by the Tribunal on an application for review under Part 6.

S. 40B inserted by No. 13/2025 s. 47.