351   Decisions subject to review by the Administrative Decisions Tribunal: section 36 of the Act

(1)  A person aggrieved by a decision that belongs to one of the following classes of decisions made by WorkCover (being a decision made in respect of that person) may apply to the Administrative Decisions Tribunal for a review of the decision:

(a)  decisions under clause 31 (4) to refuse to accredit the person as a trainer,

(b)  decisions under Part 5.2:

(i)  to refuse to register a plant design, or

(ii)  to refuse to register an item of plant, or

(iii)  to impose a condition on registration of an item of plant, or

(iv)  to cancel the registration of an item of plant, or

(v)  to discontinue the registration of an item of plant,

(c)  decisions under Chapter 9:

(i)  to refuse to issue a certificate of competency, or

(ii)  to suspend or cancel a certificate of competency, or

(iii)  to refuse to replace a certificate of competency, or

(iv)  to refuse to accredit a person as an assessor, or

(v)  to suspend or cancel a person’s accreditation as an assessor, or

(vi)  to confirm the decision of an assessor on an application for a review of the decision,

(d)  decisions under Chapter 10:

(i)  to refuse to issue a licence, or

(ii)  to impose a condition on a licence, or

(iii)  to suspend or cancel a licence,

(e)  decisions under Chapter 11:

(i)  to refuse to issue a permit, or

(ii)  to impose a condition on a permit, or

(iii)  to suspend or cancel a permit,

(f)  decisions under Part 12.4:

(i)  to dismiss an application for an exemption from a provision of this Regulation, or

(ii)  to impose a condition on an exemption from a provision of this Regulation, or

(iii)  to withdraw an exemption from a provision of this Regulation.

(2)  WorkCover is taken, for the purposes of an application for review by the Administrative Decisions Tribunal:

(a)  to have refused to grant an approval, permission or exemption, or

(b)  to have refused to register a plant design or an item of plant or amusement device, or

(c)  to have refused to issue a certificate of competency or licence, or

(d)  to have refused to amend or cancel a condition of an approval, registration, permission or exemption, or

(e)  to have refused to rescind a cancellation or discontinuance of registration, or

(f)  to have refused to accredit an assessor under Chapter 9, or

(g)  to have confirmed a decision of an assessor under Chapter 9,

      if it does not determine an application in relation to the relevant matter within 3 months after the date of lodgment of the application.

(3)  WorkCover is taken, for the purposes of an application for review by the Administrative Decisions Tribunal, to have refused an application to issue a permit under Chapter 11 if it does not determine the application within 7 days (or 21 days in the case of an application for a permit to do demolition work involving the use of explosives) after the date of lodgment of the application.

Note. The Minister administering the Administrative Decisions Tribunal Act 1997 has concurred in the making of the above clause pursuant to section 36 (2) of the Occupational Health and Safety Act 2000.