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Contents (2011 - 674)
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Work Health and Safety Regulation 2011
Repealed version for 1 July 2017 to 31 August 2017 (accessed 21 September 2017 at 13:32)
Chapter 4 Part 4.5 Division 2 Subdivision 2
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.