ESC Policy for Submissions
The Essential Services Commission accepts all submissions to its reviews or inquiries in good faith, with a policy to publish all submissions on the Commission website.
In some cases, however, the Commission reserves the right to withhold submissions from publication on this website and/or delete parts of a submission from publication.
This especially applies where the submission has been presented on the basis that all or parts of it are not to be published, or where, in the opinion of the Commission, a submission contains information which is or may be considered to be:
- in breach of privacy legislation or may result in the identification of an individual without his or her consent
- inflammatory or offensive or otherwise inappropriate for publication
- defamatory, or may potentially expose the Commission to legal action
- confidential or commercially sensitive or
- outside the Terms of Reference of the review.
Submissions should be submitted by or on the due date published in the specific paper under consultation; those received after the due date will be considered at the Commission’s discretion.
All submissions are to be treated as public information unless there is an expressed request from a submitter to:
- treat a submission, or part of it, as confidential or commercially sensitive or
- not to disclose personal information, such as name, address or contact details.
Where the Commission receives a submission, the Commission will publish that submission and the details of the person or organisation making the submission on the website unless the Commission is advised in writing that the submission and/or personal information should not be published, or if one or more of the above listed considerations exists in the reasonable opinion of the Commission. The making of a submission without an express request for privacy is deemed to constitute consent to publish a submission and details of the person or organisation making the submission.
The Commission will not be liable to any person or organisation named in a submission where the Commission withholds or fails to withhold a submission and/or personal information from publication or deletes parts of the submission which may fall into one or more of the above categories. Any refusal to publish a submission or the deletion of any information in a submission is at the prerogative of the Commission and the Commission will not be liable to any person for such action.
Notwithstanding the above, it should be noted that all submissions will be fully considered by the Commission pursuant to its decision making powers.
Submissions will be published on the Commission website as soon as practicable. Those posted on the website may be retained on the website for any period of time at the discretion of the Commission.