You are using a version of the website built for webcrawlers and people whose devices cannot use javascript.
Some functionality will not be available.
Contents (2001 - 648)
Skip to content
Occupational Health and Safety Regulation 2001
Repealed version for 7 June 2011 to 31 December 2011 (accessed 19 September 2019 at 00:00)
Chapter 12 Part 12.5 Clause 351
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 (being a decision made in respect of that person) may apply to the Administrative Decisions Tribunal for a review of the decision:
(a)  decisions made by WorkCover under clause 31 (4) to refuse to accredit the person as a trainer,
(b)  decisions made by WorkCover or the Department Head (Mining) 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,
(b1)  decisions made by WorkCover under Chapter 6B:
(i)  that determine that a potential major hazard facility is a major hazard facility, or
(ii)  to refuse provisional registration or registration of a major hazard facility, or
(iii)  to impose a condition on the provisional registration or registration of a major hazard facility, or
Note.
 This subparagraph relates to conditions imposed on provisional registrations or registrations of major hazard facilities under clauses 175O (1) (c) and 175T (1) (c), not general conditions applying to all provisional registrations or registrations under clauses 175O (1) (b) and 175T (1) (b).
(iv)  to suspend or cancel the provisional registration or registration of a major hazard facility, or
(v)  to refuse to renew the registration of a major hazard facility,
(b2)  decisions made by WorkCover under Part 8.2:
(i)  to refuse to approve an RTO or a nominated person, or
(ii)  to suspend or cancel the approval of an RTO or a nominated person,
(c)  decisions made by WorkCover under Chapter 9:
(i)  to refuse to issue a certificate of competency or a licence, or
(ii)  to suspend or cancel a certificate of competency or a licence, or
(iii)  to refuse to replace a certificate of competency or a licence, 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, or
(vii)  to refuse to approve an RTO or a nominated person, or
(viii)  to suspend or cancel the approval of an RTO or a nominated person, or
(ix)  to confirm the decision of an RTO or WorkCover on an application for a review of the outcome of an assessment,
(d)  decisions made by WorkCover 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 made by WorkCover 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 made by WorkCover or the Department Head (Mining) 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.
(2A)  If a person has provided a notification under clause 175F in relation to a facility or proposed facility to WorkCover and WorkCover has not within 3 months of that notification provisionally registered the facility or proposed facility under clause 175M, WorkCover is taken, for the purposes of an application for review by the Administrative Decisions Tribunal, to have refused the provisional registration.
(2B)  WorkCover is taken, for the purposes of an application for review by the Administrative Decisions Tribunal, to have refused to register a major hazard facility if it does not determine an application in relation to the registration within 12 months after the date of lodgment of the application.
(2C)  Subclause (2) does not apply to any decision under Chapter 6B (as referred to in subclause (1) (b1)).
(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.
(4)  The Department Head (Mining) is taken, for the purposes of an application for review by the Administrative Decisions Tribunal, to have refused to register a plant design or an item of plant, or to have refused to grant, or to amend or cancel a condition of, an approval, permission or exemption, if the Department Head (Mining) does not determine an application in relation to the relevant matter within 3 months 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.