Chapter 9 Certification of workers
Part 9.1A Licences for high risk work
Note. The definitions in this clause are for the purpose of the issue and use of licences under this Part only and do not limit or affect any definitions of similar terms in other Parts of the Regulation.(1) In this Part:boiler means a boiler within the meaning of AS 2593—1995 Boilers—Unattended and limited attendance but does not include the following:
(a) a boiler identified in Table 1.1 in that Australian Standard as belonging to Attendance category 3 (Unattended Operation) or category 4 (Low Hazard),(b) a hot drink dispenser with an internal volume of 0.014 cubic metres or less and a heat input of 5 kilowatts or less and a maximum working pressure of 210 kilopascals or less,(c) a liquid heating unit where the liquid is intended to be heated under a pressure above atmospheric pressure and to a temperature not greater than 1 degree below the normal atmospheric boiling point of the liquid,(d) a boiler of the Hobby Miniature Locomotive type, manufactured from steel and with an internal volume of 50 litres or less, or manufactured from copper and with an internal volume of 25 litres or less and a maximum working pressure of 700 kilopascals or less, if during the construction of the locomotive the boiler has been inspected in the manner described in AMBSC Code—Part 1: Copper Boilers or AMBSC Code—Part 2: Steel Boilers, as appropriate, by a person registered with the Australian Miniature Boiler Safety Committee and is certified by that person as having been so inspected,(e) a direct-fired process heater,(f) a vessel whose design allows it to operate empty of the liquid or vapour that it is designed to heat without adversely affecting its structure or its manner of operation.corresponding law means any of the following laws:
Occupational Health and Safety Act 1985 of Victoria
Workplace Health and Safety Act 2004 of Queensland
Occupational Health, Safety and Welfare Act 1986 of South Australia
Occupational Safety and Health Act 1984 of Western Australia
Workplace Health and Safety Act 1995 of Tasmania
Workplace Health and Safety Act 2007 of the Northern Territory
Scaffolding and Lifts Act 1912 and Machinery Act 1949 of the Australian Capital Territory
crane means an appliance intended for raising or lowering a load, and moving it horizontally, but does not include:
(a) any industrial lift-truck, earthmoving machinery, amusement structure, tractor, industrial robot or lift, or(b) any front-end loader, backhoe, excavator or similar plant configured for operation as a crane, or(c) any non-slewing mobile crane with a capacity of 3 tonnes or less or used only for towing vehicles.dogging means:
(a) the application of slinging techniques, including the selection or inspection of lifting gear, to safely sling a load, or(b) the directing of a crane operator or hoist operator in the movement of a load when the load is out of the operator’s view.fork-lift truck means a powered industrial truck equipped with a mast and elevating load carriage to which is attached a pair of fork arms or other loadholding attachment but does not include any pedestrian-operated fork-lift truck or a pallet truck capable of providing a maximum lift not exceeding 225 millimetres.
high risk work—see clause 264B.
hoist means an appliance intended for raising or lowering a load or personnel and includes a mast-climbing work platform, a personnel and materials hoist and a slip form or jump form, but does not include a lift.
licence means a licence issued by WorkCover in accordance with the National Standard authorising a person to perform one or more classes of high risk work.
loadshifting machine means a fork-lift truck or order picking fork-lift truck.
materials platform hoist means a powered builder’s hoist by which only goods or materials (and not people) may be hoisted by means of a car, bucket or platform cantilevered from, and travelling up and down externally to, the face of a structure.
mobile crane means a crane that forms part of a vehicle.
National Standard means the National Standard for Licensing Persons Performing High Risk Work (April 2006) prepared by the Commonwealth, as in force from time to time.
notice of satisfactory assessment means a notice of satisfactory assessment issued under clause 264L or a record of assessment issued under a corresponding law that, in WorkCover’s opinion, is equivalent to such a notice of satisfactory assessment.
personnel and materials hoist means a powered builder’s hoist, comprising a car, structure, machinery or other associated equipment, by which people, goods or materials may be hoisted, and includes a cantilever hoist, a tower hoist, a multiple-winch assembly or winches configured for operation as a hoist for the movement of people.
power crane means any crane driven by other than manual power.
power hoist means any hoist driven by other than manual power.
recognised qualification—see clause 264E.
registered training organisation or RTO means a training organisation registered by a State or Territory registering body in accordance with the Australian Quality Training Framework.
rigging means the exercising of direct control of the movement of equipment and associated gear necessary for the purpose of:
(a) setting up or dismantling a crane or hoist, or similar plant configured for operation as a crane or hoist, or(b) placing or securing plant or a load relating to, and including the structural members of, a building or structure, or(c) ensuring the stability of the structural members of a building or structure.scaffolding means the erection, alteration or dismantling of temporary structures that are specifically erected to support platforms, but does not include the erection, alteration or dismantling of any such structure if the maximum distance a person or object could fall from the structure is less than 4 metres.
self-erecting tower crane means a tower crane:
(a) whose erection and dismantling processes are an inherent part of the crane’s function, and(b) that has a tower element and a boom or jib element that ordinarily remain fully assembled and part of the crane during transport from one place to another place.State or Territory registering body means:
(a) the Vocational Education and Training Accreditation Board constituted by the Vocational Education and Training Act 2005, or(b) the body responsible for the accreditation of vocational courses under a corresponding law.supervisor means a person who:
(a) holds a licence or recognised qualification directly relevant to the high risk work being supervised, and(b) is working under the supervision of, or in partnership with, an RTO.trainee, in relation to high risk work, means an unqualified person who is engaged in a course of training for that kind of work and who is of or above the age of 17 years.
unqualified person, in relation to a kind of high risk work, means a person who does not hold a licence or recognised qualification in relation to that work.
(2) A locomotive containing a boiler that is exempt from the definition of boiler in subclause (1) under paragraph (d) of that definition must be in the charge of a person of or above the age of 18 years whenever it is operated.Maximum penalty: Level 3.
For the purposes of this Part, high risk work means work of a kind listed under the subheadings in the following Schedule:Schedule of work for which qualifications are required
Scaffolding
1.1 Basic scaffolding, consisting of scaffolding work connected with the operation or use of plant including:(a) modular or prefabricated scaffolds, and(b) cantilevered materials hoists with a maximum working load of 500 kilograms, and(c) ropes and gin wheels, and(d) safety nets and static lines, and(e) bracket scaffolds (tank and formwork).1.2 Intermediate scaffolding, consisting of all basic scaffolding together with other scaffolding work connected with the operation or use of plant including:(a) cantilevered crane-loading platforms, and(b) cantilevered and spurred scaffolds, and(c) barrow ramps and sloping platforms, and(d) perimeter safety screens, fences and shutters, and(e) mast climbers, and(f) tube and coupler scaffolds (including tube and coupler covered ways and gantries).1.3 Advanced scaffolding, consisting of all intermediate scaffolding together with all other scaffolding work connected with the operation or use of plant including:(a) hung scaffolds, including scaffolds hanging from tubes, wire ropes or chains, and(b) suspended scaffolds.Rigging
2.1 Dogging, consisting of the application of slinging techniques to move a load (including the selection and inspection of lifting gear) or the directing of a crane or hoist operator in the movement of a load when the load is out of the view of the crane or hoist operator.2.2 Basic rigging, consisting of dogging and rigging work connected with the erection, movement or placement of plant or materials including:(a) movement of plant and equipment, and(b) steel erection, and(c) hoists (including mast-climbing hoists), and(d) placement of pre-cast concrete, and(e) safety nets and static lines, and(f) perimeter safety screens and shutters, and(g) cantilevered crane-loading platforms.2.3 Intermediate rigging, consisting of all basic rigging together with other rigging work connected with the erection, movement or placement of plant or materials including:(a) load-equalising gear, and(b) cranes, conveyors, dredges and excavators, and(c) tilt slabs, and(d) hoists with jibs and self-climbing hoists, and(e) demolition, and(f) dual lifts.2.4 Advanced rigging, consisting of all intermediate rigging together with all other rigging work connected with the erection, movement or placement of plant or materials including:(a) gin poles and shear legs, and(b) flying foxes and cableways, and(c) guyed derricks and structures, and(d) suspended and fabricated hung scaffolds.Crane and hoist operation
3.1 Operation and use of a tower crane (other than a self-erecting tower crane).3.2 Operation and use of a self-erecting tower crane.3.3 Operation and use of a derrick crane.3.4 Operation and use of a portal boom crane.3.5 Operation and use of a bridge or gantry crane (other than one that is remotely controlled and has 3 or fewer powered operations).3.6 Operation and use of a vehicle-loading crane with a capacity of 10 metre tonnes or more.3.7 Operation and use of a non-slewing mobile crane with a capacity of greater than 3 tonnes.3.8.1 Operation and use of a slewing mobile crane with a capacity of up to and including 20 tonnes.3.8.2 Operation and use of a slewing mobile crane with a capacity of up to and including 60 tonnes.3.8.3 Operation and use of a slewing mobile crane with a capacity of up to and including 100 tonnes.3.8.4 Operation and use of a slewing mobile crane with a capacity of more than 100 tonnes.3.9 Operation and use of a materials hoist.3.10 Operation and use of a personnel and materials hoist.3.11 Operation and use of a boom-type elevating work platform with a boom 11 metres or more in length.3.12 Operation and use of a vehicle-mounted concrete-placing boom.Operation and use of fork-lift trucks
4.1 Operation and use of a fork-lift truck.4.2 Operation and use of an order picking fork-lift truck.Operation of pressure equipment
5.1 Basic boiler operation, consisting of the operation or use of any boiler whose operation relies on:(a) a single fixed combustion air supply, and(b) a non-modulating single heat source, and(c) a fixed firing rate.5.2 Intermediate boiler operation, consisting of basic boiler operation together with the operation or use of any other boiler whose operation relies on:(a) a modulating combustion air supply, or(b) a modulating heat source, or(c) a superheater, or(d) an economiser.5.3 Advanced boiler operation, consisting of intermediate boiler operation together with the operation or use of any other boiler whose operation relies on multiple fuel types that may be fired simultaneously. This does not include boilers that change fuel type during start sequence. For the purposes of this paragraph, a boiler that relies on multiple fuel types means a boiler that is fired using at least two of the following fuel types:(a) gas,(b) liquid fuel, including oil and diesel fuel,(c) solid fuel, including coal (including pulverised coal), briquettes, coke, wood (including wood chips) or any other type of solid fuel.5.4 Operation and use of a steam turbine that is multi-wheeled or capable of a speed exceeding 3,600 rpm or a steam turbine that relies for its operation on:(a) attached condensers, or(b) a multi-stage heat extraction process,except a steam turbine that produces a power output of less than 500 kilowatts.5.5 Operation and use of a reciprocating steam engine containing a piston of 250 millimetres or more in diameter, including expanding (steam) reciprocating engines.
(1) This Part applies to high risk work.(2) This Part applies only if that work is work as an employee or self-employed person.(3) Despite subclause (1), this Part does not apply to high risk work listed in item 4.1 or 4.2 of the Schedule to clause 264B when carried out at a mining workplace that is a mine, or at a coal workplace.
264D Manner of giving written notice
If any provision of this Part requires a written notice to be given to a person or served on a person, it may be:(a) given to the person personally, or(b) sent to the person by post to the person’s last known address which, if the person has provided WorkCover with his or her address, may be the address so provided.
264E Recognised qualifications
(1) A qualification obtained in another State or Territory that is approved by WorkCover for the purposes of this clause is recognised for the purpose of this Part in relation to high risk work.Note. Clause 264ZB provides that certificates of competency issued under Part 9.1 are taken to be licences in certain circumstances.(2) A qualification does not have any force for the purposes of this Part while it is suspended or after it has been cancelled.
Division 2 Work for which licences or recognised qualifications are required
264F Requirement to be qualified to do high risk work
(1) A person must not do any kind of high risk work to which this Part applies unless the person holds a licence or recognised qualification in relation to work of that kind.Maximum penalty: Level 3.
(2) A person must not employ, direct or allow another person to do any kind of high risk work to which this Part applies unless the person doing the work holds a licence or recognised qualification in relation to work of that kind.Maximum penalty: Level 3.
(3) A person must not:(a) contravene the conditions of a licence or recognised qualification held by the person, or(b) direct or allow another person to contravene the conditions of a licence or recognised qualification held by that other person.Maximum penalty: Level 3.
(4) A trainee, an unqualified person or person employing, directing or allowing a trainee or an unqualified person to do high risk work does not commit an offence under this clause if the work is done in accordance with the other provisions of this Part.Note. Additional exemptions may be granted by WorkCover under Chapter 12.
(1) An RTO must ensure that a trainee doing any kind of high risk work:(a) does the work under the supervision of a supervisor, and(b) keeps and maintains a record of training in accordance with the requirements of clause 264H.(2) The supervisor of a trainee engaged in high risk work must directly supervise the trainee while the trainee is doing the work, unless the employer of the trainee or the supervisor has established:(a) that the circumstances of a particular task make direct supervision impractical or unnecessary, and(b) the trainee’s competency is such that direct supervision can be reduced, and(c) that a lesser degree of supervision would not endanger the health or safety of the trainee or any other person.Maximum penalty (subclause (2)): Level 3.
264H Trainee’s obligations—record of training and assessment
(1) A trainee must make and give to the RTO responsible for providing the training, a record of training in accordance with the National Standard that includes:(a) the name and address of the trainee, and(b) the name and address of the RTO.(2) The following information must be completed in the record at the completion of each training session:(a) a signed entry by the supervisor on each occasion of training, including the supervisor’s name and licence number, and(b) a description of the tasks performed during any such training, including the type of equipment used or operated and the outcomes achieved, and(c) a record of the dates and times during which that work was done.Maximum penalty: Level 1.
264I Exception for holders of notices of satisfactory assessment
(1) An unqualified person who has been issued with a notice of satisfactory assessment that indicates that the person is competent to do a specified kind of high risk work may do work of that kind until the expiration of 60 days after the date of issue of the notice.(2) If the person applies to WorkCover for a licence within that period, the person may continue to do work of that kind:(a) until the person is issued with a licence, or(b) until 14 days after the person receives notice that the application has been refused.
264J Exception for maintenance or demonstration
(1) An unqualified person may do any kind of high risk work (other than dogging or scaffolding) that involves the operation or use of plant if the work:(a) does not involve operating or using the plant for the purpose for which it was designed, and(b) is done solely for the purpose of the testing, trialling, installing, commissioning, maintaining, servicing, repairing, altering or disposing of the plant.(2) A person may operate a crane or hoist solely for the purpose of setting up or dismantling the crane or hoist if the person holds a licence or recognised qualification relating to rigging that qualifies the person to set up or dismantle a crane or hoist.
Division 3 Assessment of competency
264K Applications for assessment
(1) A person may apply to an assessing body for an assessment of the person’s competency to do high risk work if:(a) the person is at least 18 years of age, and(b) the person has completed the relevant training in accordance with the National Standard and any guidelines issued by WorkCover for the purposes of that training in relation to the class of high risk work to which the person’s application relates.(2) The application:(a) must be in the approved form, and(b) must be accompanied by such material or information to support the application as the assessing body may require.(3) An application must include evidence of the applicant’s age and identity that is approved by WorkCover for the purposes of this clause.(4) In this clause, assessing body means an RTO registered under Division 4 or, if no RTO is registered under that Division, WorkCover.
(1) The following persons may conduct assessments for the purposes of this Part:(a) a person who is a registered nominated person in respect of an RTO that is approved under Division 4, or(b) WorkCover.(2) If a person is assessed as being competent to do high risk work, the person who conducted the assessment must issue to the person a notice of satisfactory assessment specifying the high risk work that the person has been assessed as being competent to do.(3) A person referred to in subclause (1) (a) who does any of the following is guilty of an offence:(a) assesses a person’s competency to do high risk work otherwise than in accordance with the National Standard or the guidelines issued by WorkCover in relation to the conduct of assessments for such work,(b) issues a notice of satisfactory assessment without assessing the person as being competent to do the high risk work specified in the notice,(c) falsely assesses the person as being competent to do high risk work,(d) assesses a person’s competency to do high risk work, being aware that the person has been assessed in relation to the same kind of work within the previous 21 days,(e) assesses a person who is under the age of 18 years,(f) refuses to issue a notice of satisfactory assessment in respect of the high risk work despite having assessed the person as being competent to do the work.Maximum penalty (subclause (3)): Level 4.
(4) A person must not conduct assessments for the purposes of this Part unless the person is a nominated person approved in respect of an RTO that is approved under Division 4.Maximum penalty (subclause (4)): Level 4.
(1) An applicant’s competency to do high risk work must be assessed in accordance with the National Standard and any guidelines issued by WorkCover in relation to the conduct of assessments.(2) Such guidelines may make provision for any one or more of the following matters:(a) techniques for directly observing the applicant’s performance of the work under workplace conditions,(b) simulated work-related tasks to be performed,(c) checklists to be completed by the applicant,(d) projects or assignments to be completed by the applicant,(e) test questions,(f) any other methods of assessment.
264N Appeals against the outcome of assessments
(1) A person who is affected by the outcome of an assessment conducted:(a) by an approved nominated person in respect of an RTO, may apply to the RTO for a review of the outcome, or(b) by WorkCover, may apply to WorkCover for a review of the outcome.(2) An application for review under subclause (1) (b) must be made in writing within 14 days after the applicant receives notice of the relevant outcome.
264O Assessment of competency at direction of WorkCover
(1) A written notice directing a person to have his or her competency assessed may be given, at any time, by WorkCover:(a) to a person who is the holder of a licence, or(b) to a person whose licence is suspended, or(c) to a person who has lodged an application for the issue or renewal of a licence.(2) WorkCover may suspend, cancel or refuse to issue or renew the licence if the person refuses or fails to comply, without reasonable excuse, with the requirements set out in the notice.(3) If WorkCover decides to suspend, cancel or refuse to issue or renew a licence under this clause, WorkCover must give the person written notice:(a) stating that the licence has been suspended or cancelled, or that the application for the issue or renewal of a licence has been refused, and(b) giving reasons for the suspension, cancellation or refusal, and(c) in the case of a suspension, stating the period for which the licence is suspended.(4) 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.
Division 4 Approval of registered training organisations
264P Approval of RTO and persons nominated as providers of high risk work assessments
(1) An RTO may apply to WorkCover for approval as a provider of high risk work assessments.(2) The application must:(a) be in the approved form, and(b) be accompanied by the application fee as determined by WorkCover, and(c) be accompanied by:(i) a copy of the RTO’s registration with the relevant State or Territory registering body, and(ii) the name of each person nominated by the RTO to be approved to carry out high risk work assessments (a nominated person), and(d) be lodged in the approved manner.(3) WorkCover may approve the RTO or may refuse the application for such reasons as it considers sufficient.(4) If WorkCover approves an RTO, WorkCover may approve each nominated person named in the application in respect of that RTO or may refuse to approve any such person for such reasons as it considers sufficient.(5) An approved RTO may at any time apply to have a nominated person approved as a provider of high risk work assessments in respect of that RTO.(6) WorkCover may approve the nominated person or may refuse the application for such reasons as it considers sufficient.(7) WorkCover cannot approve a nominated person under this clause unless the person is accredited as an assessor under Division 4 of Part 9.1.(8) If WorkCover approves an RTO or a nominated person, it must issue a notice of approval to the RTO.(9) If a person ceases to be a nominated person because that person is no longer under the supervision of, or in partnership with, the RTO in respect of which he or she is approved, the RTO must inform WorkCover of that matter within 14 days.(10) An RTO must not provide a high risk work assessment or advertise the provision of such assessments unless the RTO is approved for that purpose by WorkCover and the assessment is carried out by a nominated person approved in respect of that RTO.Maximum penalty: Level 3.
264Q Suspension and cancellation of approval
(1) WorkCover may suspend or cancel the approval of an RTO as a provider of high risk work assessments if it is satisfied that:(a) an approved nominated person in respect of the RTO has carried out an assessment of competency:(i) otherwise than in accordance with the guidelines issued by WorkCover in relation to the conduct of assessments, or(ii) in respect of a person who is under the age of 18 years, or(b) the RTO was approved on the basis of false or misleading information or a failure to disclose or provide required information, or(c) the RTO has had its approval suspended or cancelled under clause 218.(2) If the registration of an RTO is cancelled, any approval of the body and of each person nominated in respect of that RTO under this Division is immediately cancelled.(3) If the registration of an RTO is suspended, any approval of the RTO and of each person nominated in respect of that RTO under this Division is also suspended during that suspension.(4) WorkCover may suspend or cancel the approval of a nominated person if it is satisfied that:(a) the person is no longer competent to conduct high risk work assessments, or(b) the person has been convicted of an offence against the Act or the associated occupational health and safety legislation, or any regulation under the Act or that legislation, or of an offence against a corresponding law or any regulation under a corresponding law, or(c) the person was approved on the basis of false or misleading information or a failure to disclose or provide required information, or(d) the person has contravened the National Standard or a guideline relating to the conduct of high risk work assessments, or(e) the person has had his or her accreditation as an assessor suspended or cancelled under clause 287, or(f) the person has had his or her approval suspended or cancelled under clause 218, or(g) the person has carried out an assessment of competency for high risk work:(i) otherwise than in accordance with the National Standard or the guidelines issued by WorkCover in relation to the conduct of assessments, or(ii) otherwise than under the supervision of, or in partnership with, an RTO approved by WorkCover as a provider of high risk work assessments,(iii) in respect of a person who is under the age of 18 years.(5) Before suspending or cancelling the approval of an RTO or a nominated person, WorkCover:(a) must cause written notice of the proposed suspension or cancellation to be given to the RTO or person, and(b) must give the RTO or person 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.(6) If, after having regard to any representations made by the RTO or nominated person, WorkCover decides to proceed with the proposed suspension or cancellation, WorkCover must give to the RTO or nominated person a written notice:(a) stating that the approval is suspended or cancelled, and(b) in the case of a suspension, specifying the period for which the approval is suspended, and(c) giving reasons for the suspension or cancellation.(7) The suspension or cancellation takes effect on the date on which notice of the suspension or cancellation is given to the RTO or nominated person or such later date as may be specified in the notice.(8) An RTO or a nominated person is taken not to be approved during any period of suspension.
264R Applications for licences
An application for the issue of or renewal of a licence to do high risk work:(a) must be lodged with an organisation nominated by WorkCover to accept such applications (including WorkCover itself if nominated), and(b) must be in the approved form, and(c) must be accompanied by such material or information to support the application (such as any relevant notice of satisfactory assessment) 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 the regulation of holders of licences of the class concerned.
(1) WorkCover must issue a licence authorising a person to do a particular kind of high risk work if:(a) the person has complied with the application requirements in clause 264R, and(b) the person is the holder of a notice of satisfactory assessment, issued not more than 60 days before the date of the application, that indicates that the applicant is competent to do work of that kind, and(c) WorkCover is satisfied that the person can be relied on to do work of that kind without endangering the health or safety of that or any other person.(2) However, WorkCover may refuse to issue a licence to an applicant if:(a) the applicant is less than 18 years of age, or(b) any relevant licence, qualification or exemption held by the applicant has been suspended or cancelled within the previous 5 years.(3) If an application is refused, WorkCover must ensure that written notice of the refusal, and of the reasons for the refusal, are given to the applicant.(4) For the purpose of determining the kind of high risk work for which a licence may be issued, WorkCover may (but is not required to) have regard to the classes of high risk work set out in the National Standard.(5) If a person applies for a licence and the person has previously held a licence of the same type as that applied for, or relating to the same kind of work as will be authorised by the licence applied for, WorkCover may, if it thinks it appropriate to do so, dispense with the requirement under subclause (1) (b).
A licence must be in the approved form and must:(a) specify the following:(i) the name and date of birth of the person to whom it is issued,(ii) the date of its issue,(iii) a description of the kind of high risk work that the licence authorises its holder to do,(iv) a unique identifying number,(v) the expiry date of the licence if the licence is issued for a limited period,(vi) any conditions attached to the licence, and(b) contain a photograph of the person to whom it is issued.
(1) Unless sooner cancelled, a licence expires on the earlier of:(a) the day that is 5 years after its date of issue, or(b) the day that the licence is surrendered to an organisation nominated by WorkCover to accept surrendered licences (including WorkCover itself if nominated), or(c) the day that the holder of the licence is issued a new licence authorising the holder to do the same kind of work as the holder is authorised to do under the existing licence.(2) A licence is of no effect while it is suspended.(3) Despite subclause (1), if the holder of a licence has applied under this Division for the issue or renewal of a licence authorising the holder to do that same kind of work as the holder is authorised to do under the licence referred to in that subclause that is in force, the existing licence does not expire (unless it is cancelled) until WorkCover:(a) issues the licence applied for, or(b) gives the notice referred to in clause 264S (3).
(1) WorkCover may, on the application of the holder of a licence, renew a licence.(2) Clause 264S applies to an application for the renewal of a licence in the same way as it applies to an application for the issue of a licence.
264W Replacement of lost, stolen, damaged or destroyed licences
(1) The holder of a licence that is lost, stolen, damaged or destroyed may apply to WorkCover for a replacement licence.(2) The application:(a) must be in the approved form, and(b) must be accompanied by a statement by the applicant that explains how, or the circumstances in which, the licence was lost, stolen, damaged or destroyed, and(c) must be accompanied by the fee fixed for the time being by WorkCover to cover expenses in connection with issue of replacement licences.(3) WorkCover may issue a replacement licence if satisfied that the applicant’s licence has been lost, stolen, damaged or destroyed.(4) If an application is refused, WorkCover must ensure that written notice of the refusal, and of the reasons for the refusal, are given to the applicant.(5) The holder of a licence that is replaced under this clause:(a) must within 7 days surrender the original licence if it is recovered, or(b) in the case of a damaged licence that is replaced, must within 7 days surrender the damaged licence.Maximum penalty (subclause (5)): Level 1.
264X Holder to produce licence
(1) An inspector may direct a person doing high risk work to produce for inspection immediately:(a) the licence, recognised qualification or exemption (including a notice of satisfactory assessment that was issued within the previous 60 days) that authorises the person to do the work or, if the person is a trainee, the person’s record of training in relation to the work, and(b) a sample of the person’s usual signature.(2) A person to whom such a direction is given must not fail to comply with the direction.Maximum penalty: Level 1.
Division 6 Suspension or cancellation of licences
264Y Suspension or cancellation of licences
(1) WorkCover may suspend or cancel a licence if satisfied that:(a) the holder of the licence is no longer competent to do work of the kind authorised by the licence, or(b) the holder of the licence can no longer be relied on to do work of the kind authorised by the licence without endangering the health or safety of the holder or any other person, or(c) the licence was obtained on the basis of false or misleading information or a failure to disclose or provide required information.(2) Before suspending or cancelling a licence, WorkCover:(a) must cause written 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) If, after having regard to any representations made by the holder of the licence, WorkCover decides to proceed with the proposed suspension or cancellation, WorkCover must give to the holder a written notice:(a) stating that the licence is suspended or cancelled, and(b) in the case of a suspension, specifying the period for which the licence is suspended, and(c) giving reasons for the suspension or cancellation.(4) The suspension or cancellation takes effect on the date on which notice of the suspension or cancellation is given to the holder of the licence or such later date as may be specified in the notice.(5) To remove any doubt, WorkCover may suspend or cancel a licence on grounds arising wholly or partly outside New South Wales.
(1) An inspector may, by notice served on the holder of a licence, immediately suspend the licence for a period of up to 10 days from the day on which the notice is served if the inspector has a reasonable concern about:(a) the competency of the holder to do work of the kind authorised by the licence, or(b) the reliability of the holder to do work of the kind authorised by the licence without endangering the health or safety of the holder or any other person.(2) The notice of suspension:(a) must be in writing, and(b) must give reasons for the suspension, and(c) must specify the period for which the licence is suspended, and(d) must state that the holder of the licence may object to the suspension by providing WorkCover with reasons why the suspension should not be maintained for that period.(3) WorkCover must immediately terminate the suspension and give written notice to the holder of the licence of that fact if, after considering any objection by the holder, WorkCover is satisfied that the suspension should not be maintained.
264ZA Cancelled licences must be surrendered
The holder of a licence that is cancelled must return the licence to WorkCover within such period as may be specified in the notice of cancellation.Maximum penalty: Level 1.
Division 7 Savings and transitional provision
264ZB Saving of certain certificates of competency
(1) A certificate of competency issued under Part 9.1 before 1 September 2009 is taken to be a licence issued under this Part if the certificate was issued for the kind of work for which a licence may be issued under this Part.(2) A licence to which subclause (1) applies expires (subject to clause 264U (3)) on the day on which the certificate of competency would have expired if this Part had not commenced unless sooner cancelled or surrendered under this Part.
Part 9.1 Certificates of competency for pesticides, fumigants and certain loadshifting machines
In this Part:assessor means:
(a) WorkCover, or(b) a person who is accredited as an assessor under Division 4, or(c) a registered training organisation.certificate of competency means a certificate of competency issued under this Part.
Note. The definition includes former authorities taken to be certificates of competency. See clause 268.corresponding law means any of the following laws:
Occupational Health and Safety Act 1985 of Victoria
Workplace Health and Safety Act 2004 of Queensland
Occupational Health, Safety and Welfare Act 1986 of South Australia
Occupational Safety and Health Act 1984 of Western Australia
Workplace Health and Safety Act 1995 of Tasmania
Workplace Health and Safety Act 2007 of the Northern Territory
Scaffolding and Lifts Act 1912 and Machinery Act 1949 of the Australian Capital Territory
fumigant means any of the following chemicals:
(a) methyl bromide,(b) phosphine,(c) ethylene oxide (except single dose canisters),(d) ethylene dichloride,(e) carbon disulphide,(f) chloropicrin,(g) hydrogen cyanide.fumigation means the use of a fumigant.
loadshifting machine means a dragline, excavator, front-end loader, front-end loader/backhoe, or front-end loader of the skid-steer type.
National Certification Standard means the document entitled National Occupational Health and Safety Certification Standard for Users and Operators of Industrial Equipment (NOHSC: 1006) published by the NOHS Commission, as in force from time to time.
National Competency Guidelines means the document entitled National Guidelines for Occupational Health and Safety Competency Standards for the Operation of Loadshifting Equipment and Other Types of Specified Equipment (NOHSC: 7019) published by the NOHS Commission, as in force from time to time.
National Standard for Licensing Pest Management Technicians means the document entitled National Standard for Licensing Pest Management Technicians published in 1999 by the National Environmental Health Forum (National Environmental Health Monographs General Series No 4).
notice of satisfactory assessment means:
(a) in relation to the application of pesticides or the use of fumigants, a qualification or statement of attainment issued by an RTO, or(b) in any other case, a notice of satisfactory assessment issued under clause 281 or a record of assessment issued under a corresponding law that, in WorkCover’s opinion, is equivalent to such a notice of satisfactory assessment.pesticide means a pesticide within the meaning of the Pesticides Act 1999.
recognised course of training means a course of training that is recognised in accordance with clause 271 (2).
recognised qualification—see clause 269.
registered training organisation or RTO has the same meaning as in the Vocational Education and Training Act 2005.
supervisor, in relation to a trainee, means a person who is designated as the trainee’s supervisor under clause 273 (2).
trainee, in relation to work to which this Part applies, means an unqualified person who is engaged in a recognised course of training for that kind of work and who is of or above the age of 17 years.
unqualified person means a person who does not hold a recognised qualification.
For the purposes of this Part, scheduled work means work of a kind listed under the subheadings in the following Schedule:Schedule of work for which qualifications are required
1.1–9 (Repealed)Operation and use of loadshifting machines
10.1, 10.2 (Repealed)10.3 Operation and use of a dragline.10.4 Operation and use of an excavator.10.5 Operation and use of a front-end loader.10.6 Operation and use of a front-end loader/backhoe.10.7 Operation and use of a front-end loader of the skid-steer type.Application of pesticides
11 Application of pesticides (other than fumigants), but not including the following:(a) the application of pesticides by a person for the purposes of the carrying out of agriculture by the person, including:(i) horticulture, or(ii) the use of land for any purpose of husbandry, such as the keeping or breeding of livestock, poultry or bees, or(iii) the growing of fruit and vegetables,but not including the processing or storing of agricultural products unless undertaken in connection with another agricultural purpose carried out by the person,(b) the application of pesticides as authorised by or under the Pesticides Act 1999.Use of fumigants
12 Use of fumigants.
(1) This Part applies to scheduled work.(2) This Part applies only if that work is work as an employee or self-employed person.(3) (Repealed)(4) Despite subclause (1), this Part does not apply to scheduled work listed in items 10.3–10.7 of the Schedule to clause 266 when carried out at a mining workplace that is a mine, or at a coal workplace.
267A Manner of giving written notice
If any provision of this Part requires a written notice to be given to a person or served on a person, it may be:(a) given to the person personally, or(b) sent to the person by post to the person’s last known address which, if the person has provided WorkCover with his or her address, may be the address so provided.
(1) In this clause, former authority means:(a) a certificate of competency in force under an Act or regulation repealed by the Occupational Health and Safety Act 2000 immediately before that repeal (being a certificate of competency of a kind that could be issued under this Part), and(b) a pest control operator’s licence, or fumigation permit, in force under the Occupational Health and Safety (Pest Control) Regulation 1988 immediately before its repeal.(2) Unless sooner cancelled, a former authority is taken to be a certificate of competency issued under this Part authorising the doing of the same kind of work to which the authority relates until the expiration of the term (if any) for which the authority was issued.
(1) The following qualifications are recognised for the purposes of this Part in relation to scheduled work (other than work that involves the application of pesticides or the use of fumigants):(a) a qualification in force under a corresponding law,(b) a certificate of competency (however described) approved by WorkCover for the purposes of this clause.(2) The following qualifications are recognised for the purposes of this Part in relation to scheduled work that involves the application of pesticides or the use of fumigants:(a) a qualification obtained in another State or in a Territory, being a qualification approved by WorkCover for the purposes of this clause,(b) a certificate of competency (however described) approved by WorkCover for the purposes of this clause.(3) A recognised qualification within the meaning of the Occupational Health and Safety (Certificates of Competency) Regulation 1996 is a recognised qualification for the purposes of this Part.(4) A qualification does not have any force for the purposes of this Part while it is suspended or after it has been cancelled.
Division 2 Work for which certificates of competency or recognised qualifications are required
270 Requirement to be qualified to do scheduled work
(1) A person must not do any kind of scheduled work unless the person holds a certificate of competency or recognised qualification in relation to work of that kind.Maximum penalty: Level 3.
(2) A person must not employ, direct or allow another person to do any kind of scheduled work unless the person doing the work holds a certificate of competency or recognised qualification in relation to work of that kind.Maximum penalty: Level 3.
(3) A person must not:(a) contravene the conditions of a certificate of competency or recognised qualification held by the person, or(b) direct or allow another person to contravene the conditions of a certificate of competency or recognised qualification held by that other person.Maximum penalty: Level 3.
(4) This clause is subject to the other provisions of this Part.Note. Additional exemptions may be granted by WorkCover under Chapter 12.
(1) A trainee may do any kind of scheduled work to which a recognised course of training in which the trainee is engaged relates if the person:(a) does the work under the supervision of a supervisor, and(b) keeps and maintains a record of training in accordance with the requirements of clause 275.(2) For the purposes of this clause, a course of training is recognised in relation to a person if, when the person began that course, the course was recognised by the guidelines issued by WorkCover in relation to the training of trainees.
272 Responsibility for providing supervision of trainees
For the purposes of this Division, the person responsible for ensuring that a trainee is properly supervised in the doing of scheduled work is:(a) in the case of a trainee who is doing the work as an employee, the person’s employer, or(b) in the case of a trainee who is doing the work under contract as an independent contractor, the person for whom he or she is doing the work under that contract, or(c) in the case of a trainee who is doing the work while engaged in a course of training for that work, the person by whom that course is being conducted, or(d) in the case of a trainee who is doing the work under an arrangement with some other person (whether or not for reward) otherwise than as referred to in paragraph (a), (b) or (c), that other person.
273 Responsible person’s obligations
(1) The person responsible for a trainee doing scheduled work must ensure that the following requirements are complied with:(a) the trainee must at all times be directly supervised by a supervisor designated by the person in accordance with subclause (2), unless the responsible person or supervisor has established:(i) that the trainee’s competency makes direct supervision unnecessary, and(ii) that a lesser degree of supervision would not endanger the health or safety of the trainee or any other person,(b) the trainee must receive directions, demonstrations, training and monitoring appropriate to the work and commensurate with the competence of the trainee,(c) it must be possible for immediate remedial action to be taken in the event of an emergency arising out of the trainee’s doing the work.Maximum penalty: Level 3.
(2) The person responsible for a trainee may designate a supervisor for the trainee only if:(a) the supervisor is a person who holds a certificate of competency or recognised qualification in relation to work of the kind being done by the trainee, or(b) if no such person is available, the supervisor is a person who belongs to a class of persons that the guidelines issued by WorkCover in relation to the supervision of trainees recognise as competent to directly supervise a trainee in the doing of the type of work concerned.(3) The person responsible for a trainee must ensure that the trainee keeps and maintains a record of training in accordance with clause 275.Maximum penalty (subclause (3)): Level 1.
(1) The supervisor of a trainee doing scheduled work must directly supervise the trainee while the trainee is doing the work, unless the employer of the trainee or the supervisor has established:(a) that the trainee’s competency makes direct supervision unnecessary, and(b) that a lesser degree of supervision would not endanger the health or safety of the trainee or any other person.Maximum penalty: Level 3.
(2) A supervisor designated to supervise a trainee by the trainee’s employer:(a) must ensure that the trainee keeps and maintains a record of training in accordance with clause 275, and(b) must check the record on each date on which the scheduled work is done by the trainee, and:(i) if satisfied that the record is correct in respect of that date, must sign the record on that date, or(ii) if not so satisfied, must make and sign on that date a note to that effect on the record.Maximum penalty (subclause (2)): Level 1.
(1) A trainee must keep and maintain a record of training.(2) The record must contain the following information in relation to scheduled work of the kind to which the training relates:(a) the name and address of the trainee,(b) the name and address of each employer for whom the trainee does that work,(c) the name of each person who supervises the trainee while the trainee is doing that work,(d) a description of that work as it is actually done by the trainee in the course of training,(e) a record of the dates on which that work was done.Maximum penalty: Level 1.
276 Exception for holders of notices of satisfactory assessment
(1) An unqualified person who has been issued with a notice of satisfactory assessment that indicates that the person is competent to do a specified kind of scheduled work may do work of that kind until the expiration of 60 days after the date of issue of the notice.(2) If the person applies to WorkCover for a certificate of competency within that period, the person may continue to do work of that kind:(a) until the person is issued with a certificate of competency, or(b) until 14 days after the person receives notice that the application has been refused.
277 Exception for maintenance or demonstration
(1) An unqualified person may do any kind of scheduled work that involves the operation or use of plant if the work:(a) does not involve operating or using the plant for the purpose for which it was designed, and(b) is done solely for the purpose of the testing, trialling, installing, commissioning, maintaining, servicing, repairing, altering or disposing of the plant.(2) (Repealed)
Division 3 Assessment of competency
(1) A person is competent to do a particular kind of scheduled work if the person’s competency to do the work is of a standard equal to or better than the appropriate competency standard.(2) (Repealed)(3) For the purposes of this Chapter, the appropriate competency standard for scheduled work involving the operation or use of a loadshifting machine is:(a) the standard of competency set out in the National Competency Guidelines in relation to that work, or(b) any other standard of competency that WorkCover considers to be equivalent to that standard.(4) For the purposes of this Chapter, the appropriate competency standard for work that involves the application of pesticides or the use of fumigants is the standard of competency set out in relation to that work in the National Standard for Licensing Pest Management Technicians.
280 Applications for assessment
(1) A person may apply to an assessor for an assessment of the person’s competency to do scheduled work if the person is at least 18 years of age.(2) The application:(a) must be in the approved form, and(b) must be accompanied by such material or information to support the application as the assessor may require, and(c) in the case of an application to WorkCover, must be accompanied by the fee fixed for the time being by WorkCover to cover expenses in connection with the regulation of assessments.(3) An applicant must provide proof of the applicant’s age and identity to the assessor.
(1) (Repealed)(2) If the assessor assesses the applicant as being competent to do scheduled work, the assessor must issue to the applicant a notice of satisfactory assessment specifying the scheduled work that the applicant has been assessed as being competent to do.(3) An assessor (other than WorkCover or a registered training organisation), or a person employed or otherwise engaged by a registered training organisation, who does any of the following is guilty of an offence:(a) assesses an applicant’s competency to do scheduled work otherwise than in accordance with the guidelines applicable under clause 282 in relation to the conduct of assessments for such work,(b) issues a notice of satisfactory assessment without assessing the applicant as being competent to do the scheduled work specified in the notice,(c) falsely assesses the applicant as being competent to do scheduled work,(d) assesses an applicant’s competency to do scheduled work, being aware that the applicant has been assessed in relation to the same kind of work within the previous 21 days,(e) refuses to issue a notice of satisfactory assessment in respect of the scheduled work despite having assessed the applicant as being competent to do the work.Maximum penalty (subclause (3)): Level 4.
(1) An assessor who assesses an applicant’s competency to do scheduled work (other than scheduled work involving the application of pesticides or the use of fumigants) must do so in accordance with the guidelines issued by WorkCover in relation to the conduct of assessments.(2) Such guidelines may make provision for any one or more of the following matters:(a) techniques for directly observing the applicant’s performance of the work under workplace conditions,(b) simulated work-related tasks to be performed,(c) checklists to be completed by the applicant,(d) projects or assignments to be completed by the applicant,(e) test questions,(f) any other methods of assessment.(3) An assessor who assesses an applicant’s competency to do scheduled work involving the application of pesticides or the use of fumigants must do so in accordance with the document entitled “National Assessment Principles” published by the Australian National Training Authority in March 1999.
283 Appeals against decisions by assessors
(1) A person who is affected by a decision of an assessor (other than a decision of a registered training organisation) may apply to WorkCover for a review of the decision.(2) An application for review under this clause must be made in writing within 14 days after the applicant receives notice of the relevant decision.(3) The decision of WorkCover on an application under this clause has effect as if it were the decision by an assessor.
283A Assessment of competency at direction of WorkCover
(1) A written notice directing a person to have his or her competency assessed may be given, at any time, by WorkCover:(a) to a person who is the holder of a certificate of competency, or(b) to a person whose certificate of competency is suspended, or(c) to a person who has lodged an application for the issue or renewal of a certificate of competency.(2) WorkCover may suspend, cancel or refuse to issue or renew the certificate of competency if the person refuses or fails to comply, without reasonable excuse, with the requirements set out in the notice.(3) If WorkCover decides to suspend, cancel or refuse to issue or renew a certificate of competency under this clause, WorkCover must give the person written notice:(a) stating that the certificate has been suspended or cancelled, or that the application for the issue or renewal of a certificate has been refused, and(b) giving reasons for the suspension, cancellation or refusal, and(c) in the case of a suspension, stating the period for which the certificate is suspended.(4) The suspension or cancellation of a certificate of competency takes effect on the date on which notice of the suspension or cancellation is given to the holder of the certificate or on such later date as may be specified in the notice.
Division 4 Accreditation of assessors
284 Accreditation of assessors
(1) Any person may apply to WorkCover for accreditation as an assessor.(2) The application:(a) must be in the approved form, and(b) must be accompanied by such material or information to support the application as WorkCover may require, and(c) must be accompanied by the fee fixed for the time being by WorkCover to cover expenses in connection with the regulation of assessors.(2A) WorkCover may accredit the applicant as an assessor or may refuse the application for such reason as it considers sufficient, even if it is satisfied that the applicant is competent to carry out the functions of an assessor under this Chapter.(3) WorkCover must not accredit a person as an assessor unless it is satisfied that the applicant is competent to carry out the functions of an assessor under this Chapter.(4) If WorkCover accredits a person as an assessor, it must issue to the person a certificate of accreditation for the kinds of assessments for which the person is accredited.(5) If an application is refused, WorkCover must ensure that written notice of the refusal, and of the reasons for the refusal, are given to the applicant.(6) An accredited assessor must not conduct assessments or advertise the provision of assessments unless the assessor is accredited for that purpose by WorkCover.Maximum penalty: Level 3.
285 Form of certificates of accreditation
A certificate of accreditation for an assessor must be in the approved form and must specify:(a) the date on which it was issued, and(b) the date on which accreditation expires, and(c) the kinds of assessment for which the assessor is accredited.
(1) Unless sooner cancelled, a person’s accreditation as an assessor is in force for 3 years, or such shorter time as is specified in the certificate of accreditation, from the date on which the assessor was issued with a certificate of accreditation.(2) A person’s accreditation is of no effect while it is suspended.
287 Suspension and cancellation of accreditation
(1) WorkCover may suspend or cancel the accreditation of a person who is accredited as an assessor if it is satisfied that:(a) the assessor is no longer competent to carry out the kinds of assessments for which the assessor is accredited, or(b) the assessor has been convicted of an offence against the Act or the associated occupational health and safety legislation, or any regulation under the Act or that legislation, or of an offence against a corresponding law or any regulation under a corresponding law, or(c) the assessor was accredited on the basis of false or misleading information or a failure to disclose or provide required information, or(d) the assessor has carried out an assessment of competency:(i) otherwise than in accordance with the guidelines issued by WorkCover in relation to the conduct of assessments, or(ii) in the case of an assessor who has carried out an assessment under a corresponding law, otherwise than in accordance with that law or any guidelines in force under that law, or(e) the person has had his or her registration to conduct OHS induction training suspended or cancelled under clause 218, or(f) the assessor has had his or her accreditation in another jurisdiction suspended or cancelled.(2) Before suspending or cancelling an assessor’s accreditation, WorkCover:(a) must cause written notice of the proposed suspension or cancellation to be given to the assessor, and(b) must give the assessor 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) If, after having regard to any representations made by the assessor, WorkCover decides to proceed with the proposed suspension or cancellation, WorkCover must give to the assessor a written notice:(a) stating that the accreditation is suspended or cancelled, and(b) in the case of a suspension, specifying the period for which the accreditation is suspended, and(c) giving reasons for the suspension or cancellation.(4) The suspension or cancellation takes effect on the date on which notice of the suspension or cancellation is given to the assessor or such later date as may be specified in the notice.
(1) An inspector may, by written notice served on the holder of a certificate of accreditation, immediately suspend the certificate for a period of up to 10 days if the inspector has a reasonable concern about:(a) the holder’s integrity, or(b) the holder’s competency to exercise the functions of an assessor.(2) The notice of suspension:(a) must specify the period for which the certificate is suspended, and(b) must give reasons for the suspension, and(c) must state that the holder of the certificate may object to the suspension by providing WorkCover with reasons why the suspension should not be maintained for that period.(3) WorkCover must immediately terminate the suspension and give written notice to the holder of the certificate of that fact if, after considering any objection by the holder, WorkCover is satisfied that the suspension should not be maintained.
288 Cancelled certificates of accreditation must be surrendered
The holder of a certificate of accreditation that is cancelled must return the certificate to WorkCover within such period as may be specified in the notice of cancellation.Maximum penalty: Level 1.
Division 5 Issue of certificates of competency
289 Applications for certificates
An application for the issue of or renewal of a certificate of competency to do scheduled work:(a) must be lodged with an organisation nominated by WorkCover to accept such applications (including WorkCover itself if nominated), and(b) must be in the approved form, and(c) must be accompanied by such material or information to support the application (such as any relevant notice of satisfactory assessment) 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 the regulation of holders of certificates of competency of the class concerned.
(1) WorkCover must issue a certificate of competency authorising a person to do a particular kind of scheduled work if:(a) the person has complied with the application requirements in clause 289, and(b) the person is the holder of a notice of satisfactory assessment, issued not more than 60 days before the date of the application, that indicates that the applicant is competent to do work of that kind, and(c) WorkCover is satisfied that the person can be relied on to do work of that kind without endangering the health or safety of that or any other person.(2) However, WorkCover may refuse to issue a certificate of competency to an applicant if:(a) the applicant is less than 18 years of age, or(b) any relevant certificate, qualification or exemption held by the applicant has been suspended or cancelled within the previous 5 years.(3) If an application is refused, WorkCover must ensure that written notice of the refusal, and of the reasons for the refusal, are given to the applicant.(4) For the purpose of determining the kind of scheduled work for which a certificate of competency may be issued, WorkCover may (but is not required to) have regard to the certificate classifications set out in the National Certification Standard, the National Competency Guidelines and the National Standard for Licensing Pest Management Technicians.(5) If a person applies for a certificate of competency and the person has previously held a certificate of competency of the same type as that applied for, or relating to the same kind of work as will be authorised by the certificate applied for, WorkCover may, if it thinks it appropriate to do so, dispense with the requirement under subclause (1) (b).
(1) A certificate of competency must be in the approved form and must:(a) specify the following:(i) the name and date of birth of the person to whom it is issued,(ii) the date of its issue,(iii) a description of the kind of work that the certificate authorises its holder to do,(iv) a unique identifying number,(v) the expiry date of the certificate if the certificate is issued for a limited period,(vi) any conditions attached to the certificate, and(b) contain a photograph of the person to whom it is issued.(2) The holder of a certificate of competency must sign the certificate as soon as practicable after receiving it.
(1) Unless sooner cancelled, a certificate of competency expires on the earlier of:(a) the day that the certificate is surrendered to an organisation nominated by WorkCover to accept surrendered certificates (including WorkCover itself if nominated), or(b) the day that the holder of the certificate is issued a new certificate of competency authorising the holder to do the same kind of work as the holder is authorised to do under the existing certificate.(2) A certificate of competency is of no effect while it is suspended.(3) Despite subclause (1), if the holder of a certificate of competency has applied under this Division for the issue or renewal of a certificate of competency authorising the holder to do that same kind of work as the holder is authorised to do under the certificate referred to in that subclause that is in force, the existing certificate does not expire until WorkCover:(a) issues the certificate applied for, or(b) gives the notice referred to in clause 290 (3).
(1) WorkCover may, on the application of the holder of a certificate of competency, renew a certificate of competency.(2) Clause 290 applies to an application for the renewal of a certificate of competency in the same way as it applies to an application for the issue of a certificate of competency.
294 Replacement of lost, stolen, damaged or destroyed certificates of competency
(1) The holder of a certificate of competency that is lost, stolen, damaged or destroyed may apply to WorkCover for a replacement certificate.(2) The application:(a) must be in the approved form, and(b) must be accompanied by a statutory declaration by the applicant that explains how, or the circumstances in which, the certificate was lost, stolen, damaged or destroyed, and(c) must be accompanied by the fee fixed for the time being by WorkCover to cover expenses in connection with issue of replacement certificates.(3) WorkCover may issue a replacement certificate if satisfied that the applicant’s certificate of competency has been lost, stolen, damaged or destroyed.(4) If an application is refused, WorkCover must ensure that written notice of the refusal, and of the reasons for the refusal, are given to the applicant.(5) The holder of a certificate of competency that is replaced under this clause:(a) must surrender the original certificate if it is recovered, or(b) in the case of a damaged certificate that is replaced, must surrender the damaged certificate.Maximum penalty (subclause (5)): Level 1.
295 Holder to produce certificate
(1) An inspector may direct a person doing scheduled work to produce for inspection immediately:(a) the recognised qualification or exemption that authorises the person to do the work or, if the person is a trainee, the person’s record of training in relation to the work, and(b) a sample of the person’s usual signature.(2) A person to whom such a direction is given must not fail to comply with the direction.Maximum penalty: Level 1.
Division 6 Suspension or cancellation of certificates of competency
296 Suspension or cancellation of certificates
(1) WorkCover may suspend or cancel a certificate of competency if satisfied that:(a) the holder of the certificate is no longer competent to do work of the kind authorised by the certificate, or(b) the holder of the certificate can no longer be relied on to do work of the kind authorised by the certificate without endangering the health or safety of the holder or any other person, or(c) the certificate was obtained on the basis of false or misleading information or a failure to disclose or provide required information.(2) Before suspending or cancelling a certificate of competency, WorkCover:(a) must cause written notice of the proposed suspension or cancellation to be given to the holder of the certificate, and(b) must give the holder of the certificate 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.(2A), (2B) (Repealed)(3) If, after having regard to any representations made by the holder of the certificate, WorkCover decides to proceed with the proposed suspension or cancellation, WorkCover must give to the holder a written notice:(a) stating that the certificate is suspended or cancelled, and(b) in the case of a suspension, specifying the period for which the certificate is suspended, and(c) giving reasons for the suspension or cancellation.(4) The suspension or cancellation takes effect on the date on which notice of the suspension or cancellation is given to the holder of the certificate or such later date as may be specified in the notice.(5) To remove any doubt, WorkCover may suspend or cancel a certificate of competency on grounds arising wholly or partly outside New South Wales.
(1) An inspector may, by notice served on the holder of a certificate of competency, immediately suspend the certificate for a period of up to 10 days if the inspector has a reasonable concern about:(a) the competency of the holder to do work of the kind authorised by the certificate, or(b) the reliability of the holder to do work of the kind authorised by the certificate without endangering the health or safety of the holder or any other person.(2) The notice of suspension:(a) must be in writing, and(b) must give reasons for the suspension, and(c) must specify the period for which the certificate is suspended, and(d) must state that the holder of the certificate may object to the suspension by providing WorkCover with reasons why the suspension should not be maintained for that period.(3) WorkCover must immediately terminate the suspension and give written notice to the holder of the certificate of that fact if, after considering any objection by the holder, WorkCover is satisfied that the suspension should not be maintained.
298 Cancelled certificates must be surrendered
The holder of a certificate of competency that is cancelled must return the certificate to WorkCover within such period as may be specified in the notice of cancellation.Maximum penalty: Level 1.
299–316(Repealed)