Systems of inspection
253 Systems of inspection
For the purpose of ensuring the safety of consumers’ electric installations and consumers’ apparatus which forms part of the consumers’ electric installation to which the supply relates, and of monitoring the work of electrical contractors and other persons licensed under the Act, each network operator shall —
establish and maintain an effective system of inspection in accordance with this regulation; or
ensure that any consumers’ electric installation is individually inspected in accordance with regulation 254.
The system of inspection to be established and maintained by a network operator under subregulation (1) shall —
relate to work on all types of consumers’ electric installations, whether new or by way of alteration or addition;
provide for —
safety from fire and electrical shock; and
the investigation of incidents of fire or shock, including incidents related to apparatus connected (whether or not permanently) to the consumers’ electric installation, which may have been associated with electricity supplied by the network operator to a consumer;
subject to subregulation (6), give effect —
to such guidelines as are, for the purposes of the system of inspection referred to in subregulation (1), issued by the Director from time to time setting out the technical, investigative, reporting, administrative and other requirements with which the system is to comply; and
to a system plan, and a policy statement, complying with such guidelines and submitted by the network operator to the Director for use during such period, which shall not exceed 4 years, as the Director may, at the time of giving that approval, specify; and
to any condition, relevant to the compliance by the network operator with its obligation under subregulation (1) to establish and maintain an effective system of inspection, to which the approval of the Director is made subject.
Whether or not any inspection to which this regulation applies is to be carried out, and if it is carried out the nature and extent of it, is a matter within the discretion of the inspector authorised in accordance with that system to make the relevant inspection, subject to subregulation (4), unless —
a written law, or a term of an agreement, otherwise specifically requires; or
the Director or a responsible officer of the network operator otherwise directs, if the relevant approved system so provides.
If an inspection to which this regulation applies is proposed to be carried out —
after the installation or apparatus to which it relates has been energised; or
by way of the examination only of a sample of the work,
an inspection practice of that kind may be used if the relevant approved system so provides but otherwise only subject to the prior approval of the Director being obtained and to any condition, restriction, or limitation imposed.
If —
in good faith, the authorised inspector decides not to carry out an inspection; or
the network operator, or the system of inspection established by the network operator, does not require that an inspection be carried out; or
the approval of the Director has been given to an inspection not being carried out,
in any particular case or in relation to any class of case, the inspector, the network operator and the Director shall not be liable, in civil or criminal proceedings, for any injury or damage occasioned by reason that the inspection was not carried out.
Where a network operator submits to the Director a system plan and a policy statement under subregulation (2)(c), or following a requirement made under subregulation (7)(b)(ii), the Director shall respond within 20 days and may —
require that further particulars be supplied in relation to any matter, or that other matters specified by the Director be addressed, in a further submission; or
grant approval, or grant approval subject to any condition imposed relevant to the compliance by the network operator with its obligation to establish and maintain an effective system of inspection under subregulation (1); or
reject the submission, wholly or in part, and require a further submission,
and a network operator aggrieved by the response of the Director under this regulation in relation to any matter may, in writing, seek the approval of the Minister, who may rely on the advice of an independent expert technical panel to give or refuse that approval, to that matter and effect shall be given to any such matter which the Minister may approve as though the approval had been given by the Director.
The Director may audit the inspection practices of a network operator against the system plan and policy statement approved under this regulation for that network operator by the Director, and may by order in writing —
require the modification of any inspection practice of that network operator if it is found by the Director not to conform with the approved system plan and policy statement; or
require the network operator —
to review those practices, or such of those practices as are specified in the order; and
if in any respect the approved system of inspection is found to be inadequate to discharge the obligation of the network operator under subregulation (1) to establish and maintain an effective system of inspection, to submit a revised system plan and policy statement,
within such time as is specified in the order,
and the network operator shall forthwith give effect to such order.
Although the Director may exercise the powers conferred by subregulation (7) at any time in so far as that may be necessary in relation to any particular accident, or to any incident or other matter related to safety, no full audit of the practices of the network operator shall, unless the Minister otherwise authorises, be commenced within 9 months of the completion of the last preceding full audit, and the Director shall, on request by a network operator, specify when such an audit was last completed.
A network operator must not —
supply electricity in contravention of subregulation (1); or
otherwise contravene a requirement of —
this regulation; or
the system plan and policy statement, including any condition which may have been imposed in respect of the obligations of the network operator under subregulation (1), relating to any system of inspection approved by the Director under this regulation.
[Regulation 253 inserted: Gazette 23 Dec 1994 p. 7126‑8; amended: Gazette 31 Oct 2006 p. 4599; 27 Oct 2009 p. 4211‑12.]
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