Complaints and disciplinary process against electrical licence holders

This bulletin provides information on the new complaints and disciplinary process against electrical license holders that is available under the Electrical Safety Act 2022 (the Act) and Regulations 2024 (the Regulations).

Who is affected?

Disciplinary actions can be taken against:

  • electrical workers
  • electrical contractors
  • apprentices
  • trainees.

Action can also be taken against:

  • former electrical contractors
  • interstate electrical workers working temporarily in the Northern Territory.

Complaints

Anyone may make a complaint to the Electrical Safety Regulator (the Regulator) about an electrical worker, contractor and apprentice for the following reasons.

Complaints must be submitted using the electrical safety complaints form.

    • The licence holder performs or supervises electrical work in a manner that is not safe from electrical risk (e.g.  permitting an apprentice to perform work on an energised circuit without supervision).
    • The licence holder performs or supervises electrical work and that work is not safe from electrical risk.
    • The licence holder performs or supervises electrical work that results in an individual or property not being safe from electrical risk.
    • The licence holder gives incorrect or misleading information in an licence application.
    • The licence holder continues to do electrical work despite no longer being eligible, qualified or competent to hold an electrical licence.
    • The licence holder commits an offence under the Act.
    • The licence holder contravenes a condition or restriction on their licence.
    • The licence holder performs or supervises electrical work in a manner that is not safe from electrical risk.
    • The licence holder performs or supervises electrical work and that work is not safe from electrical risk.
    • The licence holder performs or supervises electrical work that results in an individual or property not being safe from electrical risk.
    • The licence holder failed to give a notice required under this Act about electrical work performed by them.
    • The licence holder unreasonably delayed rectifying a fault in electrical work performed by them.
    • The licence holder, or a worker  they employ, intentionally deceives, or attempts to deceive, an electricity entity or inspector by:
      • concealing inferior work or materials used in electrical work
      • making a statement about electrical work that is false or misleading in a material particular.
    • The licence holder, or a worker they employ, unlawfully breaks or tampers with a meter, control apparatus or fuse belonging to an electricity supplier or a seal attached to a meter or control apparatus.
    • The licence holder, or a worker they employ, connects an electrical installation, or part of an electrical installation to the grid without the permission of the network provider.
    • The licence holder gave incorrect or misleading information in a licence application.
    • The licence holder continues doing electrical work  despite no longer being eligible, qualified or competent to hold an electrical licence.
    • The licence holder commits an offence under the Act.
    • The licence holder contravenes a condition or restriction included in their licence.
    • The licence holder allows an unlicensed person to perform electrical work.
    • The apprentice or trainee gave incorrect or misleading information in a licence application.
    • The apprentice or trainee is no longer eligible, qualified or competent to be an apprentice or trainee.
    • The apprentice or trainee commits an offence under the Act.
    • The apprentice or trainee contravenes a condition or restriction on the apprenticeship or training.

The Regulator will review complaints received and either:

  • Investigate the complaint.
  • Dismiss the complaint on the grounds that it is trivial, frivolous vexatious or baseless.

Complaints Investigation Process – brief outline

The Regulator will take the following actions when investigating a complaint:

  • Provide a copy of the complaint and any supporting information to the person subject of the complaint (defendant).
  • Provide the defendant with a right to respond.
  • Consider the complaint and any information received from the defendant.

The Regulator make take the following actions when determining a complaint:

  • Dismiss the complaint and take no further action.
  • Issue a formal warning to the defendant in relation to the complaint.
  • Mediate the complaint between the complainant and defendant.
  • Issue any notice or direction to the defendant in relation to the complaint.
  • Enter into an enforceable undertaking with the defendant in relation to the complaint.
  • Refer the defendant to the Discipline Committee for disciplinary action.

The Regulator will advise both parties of the outcome of a complaint and provide reason to the decision made.

Referrals to the Discipline Committee

Substantiated complaints may be referred to the Discipline Committee for disciplinary action. The Discipline Committee may conduct a discipline hearing and provide a decision after completing such a hearing.

Disciplinary action against an electrical licence holder may include:

  • cancellation or amendment to the licence
  • suspension of the licence
  • disqualification from being eligible to hold or holding a licence
  • reprimand or caution
  • requirement for licence holder
    • to correct fault or defect in electrical work
    • to undergo further training
  • impose a penalty on licence holder.
Document type:
Information bulletin
Topics:
Electrical industry, Electrical licensing, Electrical safety at home
Last updated:
26 August 2024
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