Chapter 10 Licensing of certain businesses
(1) In this Chapter:asbestos means the fibrous form of those mineral silicates that belong to the serpentine or amphibole groups of rock-forming minerals, including actinolite, amosite (brown asbestos), anthophyllite, chrysotile (white asbestos), crocidolite (blue asbestos) and tremolite.
bonded asbestos material means any material (other than friable asbestos material) that contains asbestos.
bonded asbestos removal work means work in which bonded asbestos material is removed, repaired or disturbed.
demolition work means any one or more of the following:
(a) work comprising the total demolition of any building, structure or installation that is 10 metres or more in height,(b) work comprising the partial demolition of any building, structure or installation that is 10 metres or more in height so as to affect its structural integrity,(c) work comprising the total or partial demolition of any building, structure or installation, being work involving the use of load shifting machinery on suspended floors,(d) work comprising the total or partial demolition of pre-tensioned or post-tensioned structural components of a building or structure,(e) work done to a building, structure or installation that is 4 metres or more in height, being work involving mechanical demolition,(f) work done to a building, structure or installation involving explosives or methods of induced collapse (that is, where the structural stability of the whole or part of the building, structure or installation is deliberately altered in such a way that the collapse ensues suddenly).friable asbestos material means any material that contains asbestos and is in the form of a powder or can be crumbled, pulverised or reduced to powder by hand pressure when dry.
friable asbestos removal work means work in which friable asbestos material is removed, repaired or disturbed.
licence means a licence to carry on the business of licensed work granted and in force under this Chapter.
Note. Certain former licences and certificates are taken to be licences granted under this Chapter. See Part 10.4.licensed work means work of one of the following kinds:
(a) demolition work,(b) restricted demolition work,(c) friable asbestos removal work, other than:(i) work done by a person, at the person’s usual place of business, at a frequency of one hour per week or less, or(ii) work done for the purpose only of obtaining a sample of asbestos for identification, or(iii) work done for the purpose only of non-asbestos mining where rock or tailings containing naturally occurring asbestos is removed or disturbed,(d) bonded asbestos removal work, other than:(i) work done for the purpose only of obtaining a sample of asbestos for identification, or(ii) work done in relation to bonded asbestos material having a total surface area of less than the maximum allowable area specified in subclause (3), or(iii) work done for the purpose only of non-asbestos mining where rock or tailings containing naturally occurring asbestos is removed or disturbed.restricted demolition work means demolition work other than work comprising the following:
(a) demolition of chemical installations,(b) demolition above 15 metres in height,(c) demolition using a tower crane on site,(d) demolition using a mobile crane with a rated capacity of more than 100 tonnes,(e) demolition of pre-tensioned or post-tensioned structures,(f) demolition involving floor propping,(g) demolition using explosives.(2) For the purposes of this Chapter:(a) a person carries on a business if the person carries on the business personally, in partnership or by employees or agents or if the person advertises that the person carries on such a business, and(b) a person does work if the person does the work personally, in partnership or by employees or agents.(3) For the purposes of paragraph (d) (ii) of the definition of licensed work in subclause (1), the maximum allowable area is:(a) 200 square metres in relation to work commenced before 1 July 2007 and completed before:(i) 1 July 2007, or(ii) the day that is 2 months after the commencement of that work,whichever is the later, or(b) 50 square metres in relation to work commenced on or after 1 July 2007, but before 1 January 2008, and completed before:(i) 1 January 2008, or(ii) the day that is 2 months after the commencement of that work,whichever is the later, or(c) 10 square metres in relation to work commenced on or after 1 January 2008.
Part 10.2 Licences required for demolition or asbestos removal work
318 Licensed work not to be carried on without a licence
(1) A person must not carry on the business of licensed work otherwise than in accordance with a licence relating to that work.(2) A person must not employ, direct or allow another person to do licensed work unless that person holds a licence relating to that work.(3) For the purposes of subclauses (1) and (2), a licence to carry on the business of friable asbestos removal work also authorises the holder to carry on the business of bonded asbestos removal work.(4) A person must not:(a) contravene the conditions of a licence, or(b) direct or allow another person to contravene the conditions of a licence.Maximum penalty: Level 3.
Note. See definition of licensed work in clause 317. Generally, a licence is not required for the manual demolition of a building, structure or installation under 10 metres in height.
Part 10.3 Provisions relating to licences
Note. A decision of WorkCover to refuse an application for a licence, to impose conditions on a licence or to suspend or cancel a licence under this Part is subject to review by the Administrative Decisions Tribunal (also note that a failure to determine an application within 3 months is taken to be a refusal). See Part 12.5.
319 Applications for licences or renewals
(1) An application for the grant of a new licence or renewal of an existing licence:(a) must, in the case of the grant of a new licence, specify the class or classes of licensed work for which the licence is required, and(b) must be in the approved form, and(c) must be accompanied by such material or information to support the application as WorkCover may require, and(d) must be accompanied by the fee fixed for the time being by WorkCover to cover expenses in connection with applications for licences, or renewals of licences, of the class concerned, and(e) must be lodged in a manner approved by WorkCover.(2) The fee fixed under subclause (1) (d) for an application for a licence to carry on the business of demolition work or restricted demolition work (or both) and bonded asbestos removal work is not to exceed the fee for an application to carry on the business of demolition work or restricted demolition work (or both) but not bonded asbestos removal work.(3) An application by persons who intend to carry on business in partnership may be made by any one or more of those persons.
(1) A person is eligible for a licence if WorkCover is satisfied that:(a) in the case of an individual:(i) the individual is of or above the age of 18 years, and(ii) the individual is a fit and proper person to hold a licence, and(iii) the individual has appropriate qualifications in relation to the relevant licensed work, and(iv) appropriate arrangements exist to ensure that the individual’s employees do not do licensed work unless they have had training in safe working methods in relation to the licensed work, and(b) in the case of a corporation:(i) the corporation is a fit and proper person to hold a licence, and(ii) each director of the corporation would, if he or she were the applicant, be a fit and proper person to hold a licence, and(iii) at least one individual engaged in the management of the corporation has appropriate qualifications in relation to the licensed work, and(iv) appropriate arrangements exist to ensure that the corporation’s employees do not do the licensed work unless they have had training in safe working methods in relation to the licensed work, and(c) appropriate arrangements exist to ensure that, during the carrying out of the licensed work, a person holding appropriate qualifications in relation to the licensed work (whether or not the holder of the licence) will supervise the carrying out of the work.(2) For the purposes of this Chapter, a person holds appropriate qualifications in relation to licensed work if the person:(a) has demonstrated his or her knowledge of safe working methods in relation to the licensed work, and(b) has completed a course of training recognised by WorkCover in relation to the licensed work, and(c) has, in the opinion of WorkCover, appropriate experience or training relevant to the carrying out of the licensed work.(3) Subclause (2), as re-made by the Occupational Health and Safety Amendment (Licensing) Regulation 2006, applies to an applicant for a licence where the application for the licence was lodged but not finally determined before the commencement of that Regulation.
321 Determination of applications
(1) After considering an application, WorkCover:(a) may grant the licence or renewal of the licence to which the application relates, either unconditionally or subject to conditions, or(b) may refuse the application if satisfied that the applicant is not eligible for the licence.(2) A licence is to be in the approved form and is to specify the class of licensed work to which it relates.(3) If WorkCover grants more than one licence to an applicant, it may issue a single document in respect of those licences.
If WorkCover refuses to grant a licence or the renewal of a licence, it must give written notice of the refusal, and of the reasons for the refusal, to the applicant.
(1) A licence remains in force, unless sooner cancelled, for a period of 2 years commencing on the date on which it was granted or last renewed.(2) A licence has no effect during any period for which it is suspended.(3) Despite subclause (1), if the holder of a licence has applied for renewal of the licence before its expiry, the existing licence continues in force until WorkCover grants the renewal or gives the notice referred to in clause 322.
(1) A fee is payable to WorkCover for the grant of a licence or renewal of a licence.(2) The fee is to be the amount fixed for the time being by WorkCover to cover expenses in connection with the regulation of licensees of the classes concerned.(3) The fee fixed under subclause (2) for the grant of a licence or renewal of a licence to carry on the business of demolition or restricted demolition work (or both) and bonded asbestos removal work is not to exceed the fee fixed under that subclause for the grant of a licence or renewal of a licence to carry on the business of demolition or restricted demolition work (or both) but not bonded asbestos removal work.(4) A licence or renewal of a licence has no effect until the relevant fee fixed under this clause for the grant or renewal of the licence has been paid.
325 Condition of licence relating to supervision
It is a condition of a licence that, during the carrying out of the licensed work, a person holding appropriate qualifications in relation to the licensed work (whether or not the holder of the licence) must supervise the carrying out of the work.
326 Amendment of conditions of licences
(1) WorkCover, on the application of the holder of a licence or on its own initiative:(a) may amend or cancel any condition to which the licence is subject, or(b) may impose further conditions on the licence.(2) An amendment to a condition, or a further condition, takes effect on the date on which notice of the amendment or further condition is given to the holder of the licence or on such later date as may be specified in the notice.
A person who does licensed work at any place must cause a copy of the relevant licence to be displayed at that place while the work is being done.Maximum penalty: Level 1.
328 Suspension or cancellation of licences
(1) WorkCover may suspend or cancel a licence if satisfied that the holder of the licence:(a) has made a statement, in or in connection with an application for the licence, that the holder knew, when the statement was made, to be false or misleading in a material particular, or(b) has done or authorised licensed work in such a manner as to expose any person (including any of his or her employees or agents) to a health or safety risk from the licensed work that could reasonably have been avoided, or(c) has contravened a condition of the licence, or(d) has failed to comply with the requirements of an improvement notice or prohibition notice under this Regulation, or(e) has been convicted of an offence against the Act or any regulation (including this Regulation) under the Act, or(f) in the case of an individual, is no longer a fit and proper person to hold the licence, or(g) in the case of a corporation, has a director who is no longer a fit and proper person to hold a licence.(2) Before suspending or cancelling a licence, WorkCover:(a) must cause notice of the proposed suspension or cancellation to be given to the holder of the licence, and(b) must give the holder of the licence a reasonable opportunity to make representations to WorkCover in relation to the proposed suspension or cancellation, and(c) must have regard to any representations so made.(3) The suspension or cancellation of a licence takes effect on the date on which notice of the suspension or cancellation is given to the holder of the licence or on such later date as may be specified in the notice.
329 Cancelled licences to be returned to WorkCover
The holder of a cancelled licence must return the licence to WorkCover within such period as may be specified in the notice of cancellation given to the holder.Maximum penalty: Level 1.
330(Repealed)