21Hindering access

21 Hindering access

S. 21(1) substituted by No. 73/2003 s. 11(1).

(1) The provider or any person having access to the prescribed services must not engage in conduct having a purpose of hindering access to the prescribed services by any other person in the exercise of a reasonable right of access.

S. 21(2) amended by Nos 62/2001 s. 83(e)(g), 73/2003 s. 11(2), 44/2007 s. 11(1).

(2) Subject to subsection (2AA), a person who considers that his or her right of access to prescribed services has been hindered in contravention of subsection (1) may apply in writing to the Commission for the making of a determination in accordance with section 34 of the Essential Services Commission Act 2001.

S. 21(2AA) inserted by No. 44/2007 s. 11(2).

(2AA) A person is not entitled to apply under subsection (2) if—

(a) there is a general access determination in force that applies to prescribed services; and

(b) that person's right of access to those prescribed services is being hindered by the provider providing those prescribed services.

S. 21(2A) inserted by No. 73/2003 s. 11(3).

(2A) The Commission must within 15 days of receiving an application under subsection (1) give notice in writing to the person making the application or to any other person from whom the Commission is entitled to require information or a document under the Essential Services Commission Act 2001, specifying any information or document that the Commission requires the person to give so that the Commission can make, or refuse to make, a determination.

S. 21(3) amended by No. 62/2001 s. 83(e).

(3) If the Commission determines that there has been a contravention of subsection (1), the Commission may make a determination that the person is entitled to access on such terms and conditions as are specified in the determination.

S. 21(3A) inserted by No. 73/2003 s. 11(4).

(3A) Without limiting any other powers of the Commission, the Commission may refuse to make a determination if it considers that the application is trivial or vexatious.