Occupational Health and Safety Regulation 2001
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.
286 Term of accreditation
(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.
287A Immediate suspension
(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.