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Contents (2001 - 648)
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Occupational Health and Safety Regulation 2001
Repealed version for 7 June 2011 to 31 December 2011 (accessed 22 August 2019 at 05:51)
Chapter 9 Part 9.1 Division 1
Division 1 Preliminary
265   Definitions
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.
266   Scheduled work
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.
267   Application of Part
(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.
268   Former authorities
(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.
269   Recognised qualifications
(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.