Occupational Health and Safety Regulation 2001
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.
264L Assessment of competency
(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.
264M Assessment guidelines
(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.