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Contents (2011 - 674)
Work Health and Safety Regulation 2011
Repealed version for 1 July 2017 to 31 August 2017 (accessed 18 November 2017 at 04:29)
Chapter 4 Part 4.5 Division 2
Division 2 Accreditation of assessors
Subdivision 1 Requirement to be accredited
113   Accreditation required to assess competency for high risk work licence
A person who is not an accredited assessor must not:
(a)  conduct a competency assessment, or
(b)  issue a notice of satisfactory assessment, or
(c)  in any other way hold himself or herself out to be an accredited assessor.
Note.
 See section 43 of the Act.
114   Accredited assessor must act in accordance with accreditation
(1)  An accredited assessor must not conduct a competency assessment unless:
(a)  the competency assessment relates to a class of high risk work for which the assessor is accredited, and
(b)  the accredited assessor conducts the competency assessment for or on behalf of an RTO.
(2)  An accredited assessor must not issue a notice of satisfactory assessment unless the competency assessment relates to a class of high risk work for which the assessor is accredited.
(3)  An accredited assessor who conducts a competency assessment must do so in accordance with the conditions of accreditation imposed under clause 121.
(4)  An accredited assessor who issues a notice of satisfactory assessment must do so in accordance with any conditions of accreditation imposed under clause 121.
(5)  Subclauses (1) to (4) do not apply if the regulator is the accredited assessor.
Note.
 See section 43 of the Act.
Subdivision 2 Accreditation process
115   Regulator may accredit assessors
The regulator may, under this Division, accredit persons to conduct assessments.
116   Application for accreditation
(1)  An application for accreditation 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)  any other evidence of the applicant’s identity required by the regulator,
(c)  details of the class of high risk work to which the application relates,
(d)  evidence that the applicant is qualified to conduct the type of competency assessment in relation to the class of high risk work to which the application relates,
(e)  details of any current equivalent accreditation under a corresponding WHS law,
(f)  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,
(g)  details of any conviction or finding of guilt declared under paragraph (f),
(h)  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,
(i)  details of any enforceable undertaking declared under paragraph (h),
(j)  if the applicant has previously been refused an equivalent accreditation under a corresponding WHS law, a declaration giving details of that refusal,
(k)  if the applicant has previously held an equivalent accreditation under a corresponding WHS law, a declaration:
(i)  describing any condition imposed on that accreditation, and
(ii)  stating whether or not that accreditation had been suspended or cancelled and, if so, whether or not the applicant had been disqualified from applying for any accreditation, 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.
117   Additional information
(1)  If an application for accreditation does not contain sufficient information to enable the regulator to make a decision whether or not to grant the accreditation, the regulator may ask the applicant to provide additional information.
(2)  A request for additional information must:
(a)  specify the date (being not 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 taken to have been withdrawn.
(4)  The regulator may make more than 1 request for additional information under this clause.
118   Decision on application
(1)  Subject to subclause (3), the regulator must grant an accreditation if satisfied about the matters referred to in subclause (2).
(2)  The regulator must be satisfied that:
(a)  the applicant:
(i)  is qualified to conduct the competency assessment to which the application relates, and
(ii)  is able to conduct the competency assessment to which the application relates competently, and
(iii)  is able to ensure compliance with any conditions that will apply to the accreditation, or
(b)  the applicant holds a current equivalent accreditation under a corresponding WHS law.
(3)  The regulator must refuse to grant an accreditation if satisfied that:
(a)  the applicant is disqualified under a corresponding WHS law from holding an equivalent accreditation, 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 accreditation, 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 117, the regulator is taken to have refused to grant the accreditation applied for.
(6)  For the purposes of subclause (2) (a) (i), an applicant is qualified to provide the competency assessment if:
(a)  the applicant’s competencies, skills and knowledge are in accordance with the Standards for NVR Registered Training Organisations 2011 published by the Commonwealth, and
(b)  the applicant holds a current high risk work licence for the class of high risk work to which the competency assessment relates.
Note.
 A refusal to grant accreditation (including a refusal under subclause (5)) is a reviewable decision (see clause 676).
119   Matters to be taken into account
For the purposes of clause 118 (2) (a) (ii) and (iii), 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)  any enforceable undertaking the applicant has entered into under the Act or a corresponding WHS law,
(c)  in relation to any equivalent accreditation 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 accreditation, and
(ii)  any condition imposed on the accreditation, if granted, and
(iii)  any suspension or cancellation of the accreditation, if granted, including any disqualification from applying for any accreditation,
(d)  the applicant’s record in relation to any matters arising under the Act or this Regulation or under a corresponding WHS law.
120   Refusal to grant accreditation—process
(1)  If the regulator proposes to refuse to grant an accreditation, the regulator must give the applicant a written notice:
(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 the notice is given), 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 accreditation—consider that submission, and
(b)  whether or not the applicant has made a submission—decide whether to grant or refuse to grant the accreditation, 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 refusal to grant an accreditation is a reviewable decision (see clause 676).
121   Conditions of accreditation
(1)  The regulator may impose any conditions it considers appropriate on an accreditation.
(2)  Without limiting subclause (1), the regulator may impose conditions:
(a)  relating to the competency assessments and assessment activities that may be carried out, and
(b)  relating to the circumstances in which competency assessments or assessment activities may be carried out, and
(c)  requiring the accredited assessor to keep specified information, and
(d)  requiring the accredited assessor to give specified information to the regulator.
Notes.
 
1   
A person must comply with the conditions of accreditation (see section 45 of the Act).
2   
A decision to impose a condition on an accreditation is a reviewable decision (see clause 676).
122   Duration of accreditation
An accreditation takes effect on the day it is granted and, unless cancelled earlier, expires 3 years after that day.
123   Accreditation document
(1)  If the regulator grants an accreditation, it must issue to the applicant an accreditation document in the form determined by the regulator.
(2)  An accreditation document must include the following:
(a)  the name of the accredited assessor,
(b)  the class of high risk work to which the accreditation relates,
(c)  any conditions imposed on the accreditation by the regulator,
(d)  the date on which the accreditation was granted,
(e)  the expiry date of the accreditation.
(3)  If an assessor is accredited to conduct a competency assessment in relation to more than 1 class of high risk work, the regulator may issue to the accredited assessor one accreditation document in relation to some or all of those classes of high risk work.
(4)  If 2 or more of the classes of high risk work referred to in subclause (3) represent levels of the same type of work, it is sufficient if the accreditation document contains a description of the class of work that represents the highest level.
124   Accreditation document to be available
(1)  An accredited assessor must keep the accreditation 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)  An accredited assessor must make the accreditation document available for inspection by any person in relation to whom the assessor is conducting, or is to conduct, a competency assessment.
Maximum penalty:
(a)  in the case of an individual—$1,250, or
(b)  in the case of a body corporate—$6,000.
(3)  Subclauses (1) and (2) do not apply if the accreditation document is not in the accredited assessor’s possession because:
(a)  it has been returned to the regulator under clause 126, or
(b)  the accreditation assessor has applied for, but has not received, a replacement accreditation document under clause 127.
Subdivision 3 Amendment of accreditation document
125   Changes to information
(1)  An accredited assessor must give the regulator written notice of any change to any material particular in any information given at any time by the assessor to the regulator in relation to the accreditation within 14 days after the assessor becomes aware of the change.
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) applies whether the information was given in the application for grant or renewal of the accreditation or in any other circumstance.
126   Accredited assessor to return accreditation document
If an accreditation is amended, the accredited assessor must return the accreditation document to the regulator for amendment at the written request of the regulator and within the time specified in the request.
Maximum penalty:
(a)  in the case of an individual—$1,250, or
(b)  in the case of a body corporate—$6,000.
127   Replacement accreditation document
(1)  An accredited assessor must give written notice to the regulator as soon as practicable if the accreditation document is lost, stolen or destroyed.
Maximum penalty:
(a)  in the case of an individual—$1,250, or
(b)  in the case of a body corporate—$6,000.
(2)  If an accreditation document is lost, stolen or destroyed an accredited assessor may apply to the regulator for a replacement accreditation document.
Note.
 An accreditation holder is required to keep the accreditation document available for inspection (see clause 124).
(3)  An application for a replacement accreditation document must be made in the manner and form required by the regulator.
(4)  The application must:
(a)  include a declaration describing the circumstances in which the original document was lost, stolen or destroyed, and
Note.
 See section 268 of the Act for offences relating to the giving of false or misleading information under the Act or this Regulation.
(b)  be accompanied by the relevant fee.
(5)  The regulator must issue a replacement accreditation document if satisfied that the original document was lost, stolen or destroyed.
(6)  If the regulator refuses to issue a replacement accreditation document, it must give the accredited assessor written notice of this decision, including the reasons for the decision, within 14 days after making the decision.
Note.
 A refusal to issue a replacement accreditation document is a reviewable decision (see clause 676).
128   Voluntary surrender of accreditation
(1)  An accredited assessor may voluntarily surrender the accreditation document to the regulator.
(2)  The accreditation expires on the surrender of the accreditation document.
Subdivision 4 Renewal of accreditation
129   Regulator may renew accreditation
The regulator may renew an accreditation on the application of the accredited assessor.
130   Application for renewal
(1)  An application for renewal of accreditation must be made in the manner and form required by the regulator.
(2)  An application must:
(a)  include the information referred to in clause 116 (2), and
Note.
 See section 268 of the Act for offences relating to the giving of false or misleading information under the Act or this Regulation.
(b)  be accompanied by the relevant fee.
(3)  The application must be made before the expiry of the accreditation.
131   Accreditation continues in force until application is decided
If an accredited assessor applies under clause 130 for the renewal of accreditation, the accreditation is taken to continue in force from the day it would, apart from this clause, have expired until the accredited assessor is given notice of the decision on the application.
132   Provisions relating to application
For the purposes of this Division:
(a)  clause 117 applies as if a reference in that clause to an application for accreditation were a reference to an application to renew an accreditation, and
(b)  clauses 118 (except subclause (5)), 119, 121 and 122 apply as if a reference in those clauses to the grant of an accreditation were a reference to the renewal of an accreditation, and
(c)  clause 120 applies as if a reference in that clause to a refusal to grant an accreditation were a reference to a refusal to renew an accreditation.
Note.
 A refusal to renew an accreditation is a reviewable decision (see clause 676).
Subdivision 5 Suspension and cancellation
133   Regulator may suspend or cancel accreditation
(1)  The regulator may, under this Division:
(a)  suspend or cancel an accreditation, and
(b)  if suspending an accreditation, vary the conditions of the accreditation, including by imposing different or additional conditions.
(2)  If the regulator cancels an accreditation, the regulator may disqualify the accredited assessor from applying for a further accreditation for a specified period.
Note.
 A decision to suspend or cancel an accreditation, to vary the conditions of an accreditation or to disqualify an accredited assessor from applying for a further accreditation is a reviewable decision (see clause 676).
134   Suspension or cancellation of accreditation
(1)  The regulator may suspend or cancel an accreditation if satisfied about 1 or more of the following:
(a)  the accredited assessor is no longer qualified to conduct the competency assessment specified in the assessor’s accreditation document,
(b)  the accredited assessor is not able to conduct the competency assessment to which the accreditation relates competently,
(c)  the accredited assessor has failed to comply with a condition imposed on the accreditation under clause 121,
(d)  the accredited assessor, in the application for the grant or renewal of accreditation 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.
(2)  In subclause (1) (a), qualified has the same meaning in relation to an accredited assessor as it has in clause 118 in relation to an applicant for accreditation.
135   Matters to be taken into account
(1)  In making a decision under clause 133, the regulator must have regard to:
(a)  any submissions made by the accredited assessor under clause 136, and
(b)  any advice received from a corresponding regulator.
(2)  For the purposes of clause 134 (1) (b) and (c), 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 accredited assessor has been convicted or found guilty,
(b)  any enforceable undertaking the accredited assessor has entered into under the Act or a corresponding WHS law,
(c)  in relation to any equivalent accreditation applied for or held by the accredited assessor under the Act or this Regulation or under a corresponding WHS law:
(i)  any refusal to grant the accreditation, and
(ii)  any condition imposed on the accreditation, if granted, and
(iii)  any suspension or cancellation of the accreditation, if granted, including any disqualification from applying for any accreditation,
(d)  any suspension of a high risk work licence held by the accredited assessor under the Act or this Regulation or under a corresponding WHS law,
(e)  the accredited assessor’s record in relation to any matters arising under the Act or this Regulation or under a corresponding WHS law.
136   Notice to and submissions by accredited assessor
Before suspending or cancelling an accreditation, the regulator must give the accreditation holder a written notice of the proposed suspension or cancellation and any proposed disqualification:
(a)  outlining all relevant allegations, facts and circumstances known to the regulator, and
(b)  advising the accreditation holder that the accreditation 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 and any proposed disqualification.
137   Notice of decision
(1)  The regulator must give the accredited assessor written notice of a decision under clause 134 to suspend or cancel the accreditation within 14 days after making the decision.
(2)  The notice must:
(a)  state that the accreditation is to be suspended or cancelled, and
(b)  if the accreditation is to be suspended, state:
(i)  when the suspension begins and ends, and
(ii)  the reasons for the suspension, and
(iii)  whether or not the accredited assessor is required to undergo retraining or reassessment or take any other action before the suspension ends, and
(iv)  whether any variation is to be made to the conditions of accreditation, and
(v)  whether or not the accredited assessor is disqualified from obtaining a further accreditation during the suspension, and
(c)  if the accreditation is to be cancelled, state:
(i)  when the cancellation takes effect, and
(ii)  the reasons for the cancellation, and
(iii)  whether or not the accredited assessor is disqualified from applying for a further accreditation, and
(d)  if the accredited assessor is to be disqualified from obtaining a further accreditation, state:
(i)  when the disqualification begins and ends, and
(ii)  the reasons for the disqualification, and
(iii)  whether or not the accredited assessor is required to undergo retraining or reassessment or take any other action before the disqualification ends, and
(e)  state when the accreditation document must be returned to the regulator.
138   Immediate suspension
(1)  The regulator may suspend an accreditation on a ground referred to in clause 134 without giving notice under clause 136 if satisfied that a person may be exposed to an imminent serious risk to his or her health or safety if the accreditation were not suspended.
(2)  If the regulator decides to suspend an accreditation under this clause:
(a)  the regulator must give the accredited assessor written notice of the suspension and the reasons for the suspension, and
(b)  the suspension takes effect on the giving of the notice.
(3)  The regulator must then:
(a)  give notice under clause 136 within 14 days after giving the notice under subclause (2), and
(b)  make its decision under clause 134.
(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 accreditation remains suspended until the decision is made under clause 134.
139   Accredited assessor to return accreditation document
An accredited assessor, on receiving a notice under clause 137, must return the accreditation document to the regulator in accordance with that notice.
Maximum penalty:
(a)  in the case of an individual—$1,250, or
(b)  in the case of a body corporate—$6,000.
140   Regulator to return accreditation document after suspension
The regulator must return the accreditation document to the accredited assessor within 14 days after the suspension ends.
Subdivision 6 Agreements with RTOs
141   Regulator may enter into agreement with RTO
The regulator may enter into an agreement with an RTO to share information to assist the regulator in relation to the accreditation of assessors.