You are using a version of the website built for webcrawlers and people whose devices cannot use javascript.
Some functionality will not be available.
Warning: This page is an archive.
General administrative information and links are not current and should not be used.
Contents (2011 - 674)
Work Health and Safety Regulation 2011
Repealed version for 1 July 2017 to 31 August 2017 (accessed 23 November 2017 at 22:22)
Chapter 4 Part 4.5 Division 1 Subdivision 4
Subdivision 4 Renewal of high risk work licence
100   Regulator may renew licence
The regulator may renew a high risk work licence on application by the licence holder.
101   Application for renewal
(1)  An application for renewal of 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 name and residential address of the applicant,
(b)  if required by the regulator, a photograph of the applicant in the form required by the regulator,
(c)  any other evidence of the applicant’s identity required by the regulator,
(d)  a declaration by the applicant that he or she has maintained his or her competency to carry out the high risk work, including by obtaining any reassessment directed under clause 95.
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.
(4)  The application must be made before the expiry of the licence.
102   Licence continues in force until application is decided
If a licence holder applies under clause 101 for the renewal of a high risk work licence, the licence is taken to continue in force from the day it would, apart from this clause, have expired until the licence holder is given notice of the decision on the application.
103   Renewal of expired licence
A person whose high risk work licence has expired may apply for a renewal of that licence:
(a)  within 12 months after the expiry of the licence, or
(b)  if the person satisfies the regulator that exceptional circumstances exist—within any longer period that the regulator allows.
Notes.
 
1   
As the licence has expired, the applicant cannot carry out the work covered by the licence until the licence is renewed. An application made after a period referred to in paragraph (a) or (b) would be an application for a new licence under clause 87.
2   
See section 268 of the Act for offences relating to the giving of false or misleading information under the Act or this Regulation.
104   Provisions relating to renewal of licence
(1)  For the purposes of this Subdivision:
(a)  clause 88 applies as if a reference in that clause to an application for a licence were a reference to an application to renew a licence, and
(b)  clauses 89 (except subclause (5)), 90, 91A and 92 apply as if a reference in those clauses to the grant of a licence were a reference to the renewal of a licence, and
(c)  clause 91 applies as if a reference in that clause to a refusal to grant a licence were a reference to a refusal to renew a licence.
(2)  The regulator may renew a high risk work licence granted to a person under a corresponding WHS law unless that licence is renewed under that law.
Note.
 A refusal to renew a licence is a reviewable decision (see clause 676).
105   Status of licence during review
(1)  This clause applies if the regulator gives a licence holder written notice of its decision to refuse to renew the licence.
(2)  If the licence holder does not apply for internal review of the decision, the licence continues to have effect until the last of the following events:
(a)  the expiry of the licence,
(b)  the end of the period for applying for an internal review.
(3)  If the licence holder applies for an internal review of the decision, the licence continues to have effect until the earlier of the following events:
(a)  the licence holder withdraws the application for review,
(b)  the regulator makes a decision on the review.
(4)  If the licence holder does not apply for an external review, the licence continues to have effect until the end of the time for applying for an external review.
(5)  If the licence holder applies for an external review, the licence continues to have effect until the earlier of the following events:
(a)  the licence holder withdraws the application for review,
(b)  the Civil and Administrative Tribunal makes a decision on the review.
(6)  The licence continues to have effect under this clause even if its expiry date passes.