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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Repealed version for 7 June 2011 to 31 December 2011 (accessed 18 June 2019 at 19:01)
Chapter 9 Part 9.1A Division 6
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.
264Z   Immediate suspension
(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.