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Contents (2011 - 674)
Work Health and Safety Regulation 2011
Repealed version for 1 July 2017 to 31 August 2017 (accessed 19 November 2017 at 10:27)
Chapter 4 Part 4.8 Division 2
Division 2 General diving work—fitness and competence of worker
168   Person conducting business or undertaking must ensure fitness of workers
(1)  A person conducting a business or undertaking at a workplace must not direct or allow a worker to carry out general diving work or undergo training for general diving work unless the worker holds a current certificate of medical fitness.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(2)  The person must not direct or allow a worker to carry out general diving work or undergo training for diving work unless the work or training complies with any conditions on the current certificate of medical fitness of the worker.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
169   Certificate of medical fitness
A certificate of medical fitness must:
(a)  be issued by a registered medical practitioner with training in underwater medicine, and
(b)  state the following:
(i)  the name of the person to whom it is issued,
(ii)  its date of issue and its expiry date,
(iii)  whether or not the person to whom it is issued is, in accordance with the fitness criteria, medically fit to carry out diving work,
(iv)  any conditions in relation to the type of diving work the person to whom it is issued is fit to carry out, or the circumstances in which the person is fit to carry out general diving work, including, in the case of a person who is under 18 years of age, any particular conditions applicable to the age of the person.
170   Duty to keep certificate of medical fitness
A person conducting a business or undertaking at a workplace must keep the certificate of medical fitness of a worker who carries out general diving work for 1 year after the work is carried out.
Maximum penalty:
(a)  in the case of an individual—$1,250, or
(b)  in the case of a body corporate—$6,000.
171   Competence of worker—general diving work—general qualifications
(1)  A person must not carry out any type of general diving work unless the person holds a certificate for general diving work, issued by a training organisation, that demonstrates that the person has acquired the relevant competencies for that type of general diving work.
(2)  This clause does not apply in relation to incidental diving work or limited diving work.
(3)  In subclause (1), relevant competencies means the competencies specified in AS 4005.2:2000 (Training and certification of recreational divers) or AS/NZS 2815 (Training and certification of occupational divers) that are relevant to the type of general diving work to which subclause (1) applies.
Note.
 See section 44 of the Act.
171A   Competence of worker—general diving work—additional knowledge and skill
(1)  In addition to clause 171, a person must not carry out general diving work unless the person has, through training, qualification or experience, acquired sound knowledge and skill in relation to the following:
(a)  the application of diving physics,
(b)  the use, inspection and maintenance of diving equipment (including emergency equipment) and air supply of the type to be used in the proposed general diving work,
(c)  the use of decompression tables or dive computers,
(d)  dive planning,
(e)  ways of communicating with another diver and with persons at the surface during general diving work,
(f)  how to safely carry out general diving work of the type proposed to be carried out,
(g)  diving physiology, emergency procedures and first aid.
Note.
 See section 44 of the Act.
(2)  This clause does not apply in relation to incidental diving work or limited scientific diving work.
172   Competence of worker—incidental diving work
(1)  A person must not carry out incidental diving work unless the person:
(a)  has the knowledge and skill referred to in clause 171A, and
(b)  has relevant diving experience, and
(c)  is accompanied and supervised in the water by a person who has the competencies referred to in clause 171.
Note.
 See section 44 of the Act.
(2)  In this clause, a person has relevant diving experience if the person has logged at least 15 hours of diving, of which at least 8 hours and 20 minutes were spent diving between 10 metres above and any depth below the maximum depth at which the diving work is to be carried out.
173   Competence of worker—limited scientific diving work
(1)  A person who is not permanently resident in Australia must not carry out limited scientific diving work unless the person has:
(a)  the training, qualification or experience referred to in clause 171A, and
(b)  relevant diving experience, including relevant diving experience obtained outside Australia.
Note.
 See section 44 of the Act.
(2)  In this clause, a person has relevant diving experience if the person has logged at least 60 hours diving of which at least 8 hours and 20 minutes were spent diving between 10 metres above and any depth below the maximum depth at which the limited scientific diving work is to be carried out.
174   Competence of competent person supervising general diving work
A person appointed under clause 177 must not perform any function associated with that appointment unless the person has:
(a)  the qualification specified in clause 171, and
(b)  experience in the type of diving work to be supervised.
Note.
 See section 44 of the Act.
175   Evidence of competence—duty of person conducting business or undertaking
(1)  A person conducting a business or undertaking at a workplace must not direct or allow a worker to carry out general diving work unless the person sees written evidence provided by the worker that the worker has the relevant competence required under this Division.
Maximum penalty:
(a)  in the case of an individual—$1,250, or
(b)  in the case of a body corporate—$6,000.
(2)  A person conducting a business or undertaking at a workplace must not direct or allow a person appointed under clause 177 to perform any of the functions associated with that appointment unless the person conducting the business or undertaking sees written evidence provided by the person appointed that the person appointed has the competence required under clause 174.
Maximum penalty:
(a)  in the case of an individual—$1,250, or
(b)  in the case of a body corporate—$6,000.
(3)  A person conducting a business or undertaking must keep the written evidence given to the person:
(a)  under subclause (1)—for at least 1 year after the diving work is carried out,
(b)  under subclause (2)—for at least 1 year after the last occasion on which the person performs a function associated with the appointment.
Maximum penalty:
(a)  in the case of an individual—$1,250, or
(b)  in the case of a body corporate—$6,000.