Decision Making and Appeal Process
When making enquiries, submitting an Expressions of Interest (EOI) for access to the operational network or requesting a Network Access Agreement application, a third party access seeker should expect a set of service level undertakings including the following:
- Timely acknowledgement of the correspondence.
Generally within two business days. - Timely and on-going follow-up of the enquiry, EOI or NAA application submission.
An indication of response timeframes should be provided by TasRail to all follow-up enquiries and activities. - Clearly articulated requests for information from TasRail to the access seeker and/or response information provided by TasRail to the access seeker.
The preference is that all information requested from or provided to the access seeker by TasRail is in writing via email or formal written correspondence. Similarly, TasRail’s preference is that requests for information be via email to NAA@tasrail.com.au
Appeal of decision
TasRail supports the principle that any element of discretionary use of power should be subject to an appeal process. All access seekers should expect any appeal process to be subject to a clearly defined process and timeframe.
Appeal rights in response to an appeal of a Network Access Application decision will include:
- Internal review of a decision to be escalated to senior management for review and recommendation at no cost to the applicant.
- In circumstances where the original decision is upheld/sustained by the senior management review, then the matter is to be referred to the TasRail portfolio Minister for consideration at no cost to the applicant.
- If the decision is sustained or set aside by the Minister, then referral by either party to an independent mediator sourced through the Law Council of Tasmania is provided for, with costs to be shared by both parties.
The above process does not prevent the access seeker from the right to seek a declaration from the ACCC. This right is available to the access seeker throughout the appeal process.
