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Repealed version for 1 July 2017 to 31 August 2017 (accessed 23 November 2017 at 18:25)
Chapter 4 Part 4.5 Division 1 Subdivision 5
Subdivision 5 Suspension and cancellation of high risk work licence
106   Suspension or cancellation of licence
(1)  The regulator may suspend or cancel a high risk work licence if satisfied about 1 or more of the following:
(a)  the licence holder has failed to take reasonable care to carry out the high risk work safely and competently,
(ab)  the licence holder has failed to comply with a condition of the licence,
(b)  the licence holder has failed to obtain a reassessment of competency directed under clause 95,
(c)  the licence holder, in the application for the grant or renewal of the licence or on request by the regulator for additional information:
(i)  gave information that was false or misleading in a material particular, or
(ii)  failed to give any material information that should have been given in that application or on that request,
(d)  the licence was granted or renewed on the basis of a certification that was obtained on the basis of the giving of false or misleading information by any person or body or that was obtained improperly through a breach of a condition of accreditation by the accredited assessor who conducted the competency assessment.
(2)  If the regulator suspends or cancels a licence, the regulator may disqualify the licence holder from applying for:
(a)  a further high risk work licence of the same class, or
(b)  another licence under this Regulation to carry out work which requires skills that are the same as or similar to those required for the work authorised by the licence that has been suspended or cancelled.
(3)  If the regulator suspends a licence, the regulator may vary the conditions of the licence, including by imposing different or additional conditions.
(4)  A variation of conditions under subclause (3) takes effect when the suspension of the licence ends.
Notes.
 
1   
A decision to suspend a licence, to cancel a licence or to disqualify the licence holder from applying for a further licence is a reviewable decision (see clause 676).
2   
A variation of licence conditions is a reviewable decision (see clause 676).
107   Matters taken into account
(1)  In making a decision under clause 106, the regulator must have regard to:
(a)  any submissions made by the licence holder under clause 108, and
(b)  any advice received from a corresponding regulator.
(2)  For the purposes of clause 106 (1) (a), 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 licence holder has been convicted or found guilty,
(b)  in relation to any equivalent licence applied for or held by the licence holder 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 licence holder has entered into under the Act or a corresponding WHS law,
(d)  the licence holder’s record in relation to any matters arising under the Act or this Regulation or under a corresponding WHS law.
108   Notice to and submissions by licence holder
(1)  Before suspending or cancelling a high risk work licence, the regulator must give the licence holder a written notice of:
(a)  the proposed suspension or cancellation, and
(b)  any proposed disqualification, and
(c)  any proposed variation of licence conditions.
(2)  A notice under subclause (1) must:
(a)  outline all relevant allegations, facts and circumstances known to the regulator, and
(b)  advise the licence holder that the licence holder may, by a specified date (being not less than 28 days after giving the notice), make a submission in relation to the proposed suspension or cancellation, any proposed disqualification and any proposed variation of licence conditions.
109   Notice of decision
(1)  The regulator must give the licence holder written notice of a decision under clause 106 to suspend or cancel a high risk work licence within 14 days after making the decision.
(2)  The notice must:
(a)  state that the licence is to be suspended or cancelled, and
(b)  if the licence is to be suspended, state:
(i)  when the suspension begins and ends, and
(ii)  the reasons for the suspension, and
(iii)  whether the licence holder is required to undergo retraining or reassessment or take any other action before the suspension ends, and
(iv)  whether or not the licence holder is disqualified from applying for a further licence during the suspension, and
(v)  if the licence conditions are to be varied—the variation, and
(vi)  if the licence conditions are to be varied—that the variation will take effect when the suspension ends, and
(c)  if the licence is to be cancelled, state:
(i)  when the cancellation takes effect, and
(ii)  the reasons for the cancellation, and
(iii)  whether or not the licence holder is disqualified from applying for a further licence, and
(d)  if the licence holder is to be disqualified from applying for a further licence, state:
(i)  when the disqualification begins and ends, and
(ii)  the reasons for the disqualification, and
(iii)  whether or not the licence holder is required to undergo retraining or reassessment or take any other action before the disqualification ends, and
(iv)  any other class of high risk work licence or other licence under this Regulation the licence holder is disqualified from applying for during the period of suspension or disqualification, and
(e)  state when the licence document must be returned to the regulator.
110   Immediate suspension
(1)  The regulator may suspend a high risk work licence on a ground referred to in clause 106 without giving notice under clause 108 if satisfied that:
(a)  work carried out under the high risk work licence should cease because the work may involve an imminent serious risk to the health or safety of any person, or
(b)  a corresponding regulator has suspended an equivalent licence held by the licence holder under this clause as applying in the corresponding jurisdiction.
(2)  If the regulator decides to suspend a licence under this clause:
(a)  the regulator must give the licence holder written notice of the suspension and the reasons for the suspension, and
(b)  the suspension of the licence takes effect on the giving of the notice.
(3)  The regulator must then:
(a)  give notice under clause 108 within 14 days after giving the notice under subclause (2), and
(b)  make its decision under clause 106.
(4)  If the regulator does not give notice under subclause (3), the suspension ends at the end of the 14 day period.
(5)  If the regulator gives notice under subclause (3), the licence remains suspended until the decision is made under clause 106.
111   Licence holder to return licence document
A licence holder, on receiving a notice under clause 109, must return the licence document to the regulator in accordance with the notice.
Maximum penalty:
(a)  in the case of an individual—$1,250, or
(b)  in the case of a body corporate—$6,000.
112   Regulator to return licence document after suspension
When the period of suspension of a licence ends, the regulator must return the licence document to the licence holder within 14 days after the licence suspension ends.