Work Health and Safety Regulation 2011
Subdivision 2 Licensing process
86 Who may apply for a licence
Only a person who holds a qualification set out in Schedule 4 may apply for a high risk work licence.
87 Application for high risk work licence
(1) An application for a high risk work licence must be made in the manner and form required by the regulator.(2) The application must include the following information:(a) the applicant’s name and residential address,(b) a photograph of the applicant in the form required by the regulator,(c) evidence of the applicant’s age,(d) any other evidence of the applicant’s identity required by the regulator,(e) the class of high risk work licence to which the application relates,(f) a copy of a certification:(i) that is held by the applicant in relation to the specified VET course, or each of the specified VET courses, for the high risk work licence applied for, and(ii) that was issued not more than 60 days before the application is made,(g) a declaration that the applicant does not hold an equivalent licence under a corresponding WHS law,(h) a declaration as to whether or not the applicant has ever been convicted or found guilty of any offence under the Act or this Regulation or under any corresponding WHS law,(i) details of any conviction or finding of guilt declared under paragraph (h),(j) a declaration as to whether or not the applicant has ever entered into an enforceable undertaking under the Act or under any corresponding WHS law,(k) details of any enforceable undertaking declared under paragraph (j),(l) if the applicant has previously been refused an equivalent licence under a corresponding WHS law, a declaration giving details of that refusal,(m) if the applicant has previously held an equivalent licence under a corresponding WHS law, a declaration:(i) describing any condition imposed on that licence, and(ii) stating whether or not that licence had been suspended or cancelled and, if so, whether or not the applicant had been disqualified from applying for any licence, and(iii) giving details of any suspension, cancellation or disqualification.Note.See section 268 of the Act for offences relating to the giving of false or misleading information under the Act or this Regulation.(3) The application must be accompanied by the relevant fee.
88 Additional information
(1) If an application for a high risk work licence does not contain sufficient information to enable the regulator to make a decision whether or not to grant the licence, the regulator may ask the applicant to provide additional information.(2) A request for additional information must:(a) specify the date (not being less than 28 days after the request) by which the additional information is to be given, and(b) be confirmed in writing.(3) If an applicant does not provide the additional information by the date specified, the application is to be taken to have been withdrawn.(4) The regulator may make more than 1 request for additional information under this clause.
89 Decision on application
(1) Subject to subclause (3), the regulator must grant a high risk work licence if satisfied about the matters referred to in subclause (2).(2) The regulator must be satisfied about the following:(a) the application has been made in accordance with this Regulation,(b) the applicant does not hold an equivalent licence under a corresponding WHS law unless that licence is due for renewal,(c) the applicant:(i) resides in this jurisdiction, or(ii) resides outside this jurisdiction and circumstances exist that justify the grant of the licence,(d) the applicant is at least 18 years of age,(e) the applicant has provided the certification required under clause 87 (2) (f),(f) the applicant is able to carry out the work to which the licence relates safely and competently.(3) The regulator must refuse to grant a high risk work licence if satisfied that:(a) the applicant is disqualified under a corresponding WHS law from holding an equivalent licence, or(b) the applicant, in making the application, has:(i) given information that is false or misleading in a material particular, or(ii) failed to give any material information that should have been given.(4) If the regulator decides to grant the licence, it must notify the applicant within 14 days after making the decision.(5) If the regulator does not make a decision within 120 days after receiving the application or the additional information requested under clause 88, the regulator is taken to have refused to grant the licence applied for.Note.A refusal to grant a high risk work licence (including under subclause (5)) is a reviewable decision (see clause 676).
90 Matters to be taken into account
For the purposes of clause 89 (2) (f), the regulator must have regard to all relevant matters, including the following:(a) any offence under the Act or this Regulation or under a corresponding WHS law of which the applicant has been convicted or found guilty,(b) in relation to any equivalent licence applied for or held by the applicant under the Act or this Regulation or under a corresponding WHS law:(i) any refusal to grant the licence, and(ii) any condition imposed on the licence, if granted, and(iii) any suspension or cancellation of the licence, if granted, including any disqualification from applying for any licence,(c) any enforceable undertaking the applicant has entered into under the Act or a corresponding WHS law,(d) the applicant’s record in relation to any matters arising under the Act or this Regulation or under a corresponding WHS law.
91 Refusal to grant high risk work licence—process
(1) If the regulator proposes to refuse to grant a licence, the regulator must give a written notice to the applicant:(a) informing the applicant of the reasons for the proposed refusal, and(b) advising the applicant that the applicant may, by a specified date (being not less than 28 days after giving the notice), make a submission to the regulator in relation to the proposed refusal.(2) After the date specified in a notice under subclause (1), the regulator must:(a) if the applicant has made a submission in relation to the proposed refusal to grant the licence—consider that submission, and(b) whether or not the applicant has made a submission—decide whether to grant or refuse to grant the licence, and(c) within 14 days after making that decision, give the applicant written notice of the decision, including the reasons for the decision.Note.A decision to refuse to grant a licence is a reviewable decision (see clause 676).
91A Conditions of licence
(1) The regulator may impose any conditions it considers appropriate on a high risk work licence.(2) Without limiting subclause (1), the regulator may impose conditions in relation to one or more of the following:(a) control measures that must be implemented in relation to the carrying out of work or activities under the licence,(b) the circumstances in which work or activities authorised by the licence may be carried out.(3) The regulator must give the licence holder written notice of any conditions imposed on the licence.Notes.1A person must comply with the conditions of a licence (see section 45 of the Act).2A decision to impose a condition on a licence is a reviewable decision (see clause 676).
92 Duration of licence
Subject to this Division, a high risk work licence takes effect on the day it is granted and, unless cancelled earlier, expires 5 years after that day.
93 Licence document
(1) If the regulator grants a high risk work licence, the regulator must issue to the applicant a licence document in the form determined by the regulator.(2) The licence document must include the following:(a) the name of the licence holder,(b) a photograph of the licence holder,(c) the date of birth of the licence holder,(d) a copy of the signature of the licence holder or provision for the inclusion of a copy signature,(e) the class of high risk work licence and a description of the work within the scope of the licence,(f) the date on which the licence was granted,(g) the expiry date of the licence.(3) For the purposes of subclause (2) (e), if the regulator grants more than 1 class of high risk work licence to a person, the licence document must contain a description of each class of licence and the work that is within the scope of each licence.(4) If a licence holder holds more than 1 high risk work licence, the regulator may issue to the licence holder one licence document in relation to some or all those licences.(5) Despite clause 92, if a licence document is issued under subclause (4), the licences to which that licence document related expire on the date that the first of those licences expires.
94 Licence document to be available
(1) A licence holder must keep the licence document available for inspection under the Act.Maximum penalty:(a) in the case of an individual—$1,250, or(b) in the case of a body corporate—$6,000.(2) Subclause (1) does not apply if the licence document is not in the licence holder’s possession because:(a) it has been returned to the regulator under clause 97, or(b) the licence holder has applied for, but has not received, a replacement licence document under clause 98.
95 Reassessment of competency of licence holder
The regulator may direct a licence holder to obtain a reassessment of the competency of the licence holder to carry out the high risk work covered by the licence if the regulator reasonably believes that the licence holder may not be competent to carry out that work.Examples.1The training or competency assessment of the licence holder did not meet the standard required to hold the licence.2The regulator receives information that the licence holder has carried out high risk work incompetently.