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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Repealed version for 1 July 2017 to 31 August 2017 (accessed 20 September 2017 at 12:00)
Chapter 4 Part 4.5 Division 2 Subdivision 5
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.