Part 9Reviews

Part 9—Reviews 84—Review of decisions by Commission or Technical Regulator (1) Subject to this section, an application may be made to— (a) the Commission by an applicant for the issue or variation of the terms or conditions of a licence under Part 4, or for agreement to the transfer of such a licence, for review of a decision of the Commission to refuse the application; or (b) the Commission by a water industry entity for review of a decision of the Commission under Part 4 to suspend or cancel the entity's licence or to vary the terms or conditions of the entity's licence; or (c) the Technical Regulator by a person to whom a direction has been given under this Act by the Technical Regulator or an authorised officer for review of the decision to give the direction; or (d) the Technical Regulator by a person affected by the decision for review of a decision of an authorised officer or a water industry officer to disconnect or restrict a supply of water to a place, or the collection of sewage from a place, or to restrict the provision of a service. (2) An application may not be made under subsection (1) in relation to— (a) the exercise of a power of an authorised officer under Part 8 Division 2; or (b) a decision to issue an enforcement notice under Part 8 Division 4, or any matter associated with the requirements or enforcement of such a notice. (3) An application for review under this section must— (a) be in writing; and (b) set out the decision to which the application relates; and (c) set out in detail the grounds on which the applicant seeks review and the decision sought on the review; and (d) be accompanied by any information that the applicant considers should be taken into account by the Commission or the Technical Regulator on the review; and (e) be lodged with the Commission or the Technical Regulator— (i) in the case of a decision relating to a licence or application for a licence—within 10 working days after written notice of the decision is given to the water industry entity or applicant; (ii) in the case of a decision to a direction—within 10 working days after the direction is given; (iii) in the case of a decision to disconnect or restrict a service—within 10 working days after notice of the disconnection or restriction is given or, if notice is not given, within 10 working days after the service is disconnected or restricted. (4) The Commission or the Technical Regulator, as the case requires, may stay the operation of the decision to which the application relates. (5) A review must be decided within 4 weeks of the application being lodged. (6) If a review is not decided within that period, the Commission or the Technical Regulator, as the case requires, is to be taken to have confirmed the decision. (7) After considering the application, the Commission or the Technical Regulator, as the case requires, may confirm, amend or substitute the decision. (8) The Commission or the Technical Regulator must give the applicant written notice of the decision, and the reasons for the decision, on the review. 85—Review by Tribunal (1) An application may be made to the Tribunal by— (a) an applicant for review under section 84 who is dissatisfied with a decision as confirmed, amended or substituted by the Commission or the Technical Regulator on the review; or (b) a person to whom an enforcement notice has been issued under Part 8 Division 4, for a review of the decision or notice under section 34 of the South Australian Civil and Administrative Tribunal Act 2013. (2) An application for review must be made— (a) in the case of a review under subsection (1)(a)—within 14 days after receipt of the written notice of the decision of the Commission or the Technical Regulator on the review under section 84 or, if the Commission or the Technical Regulator failed to make a decision on the review within the allowed period, within 14 days after the end of that period; and (b) in the case of a review under subsection (1)(b)—within 14 days after the notice is issued to the relevant person. (3) For the purposes of proceedings before the Tribunal under this section, a panel of assessors must be established under section 22 of the South Australian Civil and Administrative Tribunal Act 2013 consisting of persons with knowledge of, or experience in, the water industry or the fields of commerce or economics. (4) In any proceedings under this section, the Tribunal may, if the President of the Tribunal so determines, sit with 1 or more assessors. (5) Section 37(1)(c)(i) of the South Australian Civil and Administrative Tribunal Act 2013 does not apply to a review by the Tribunal under subsection (1)(a). 86—Minister's power to intervene The Minister may intervene, personally or by counsel or other representative, in a review under this Part for the purpose of introducing evidence, or making submissions, on any question relevant to the public interest.