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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Repealed version for 1 July 2017 to 31 August 2017 (accessed 22 October 2019 at 05:19)
Chapter 8 Part 8.10 Division 3
Division 3 Licensing process
491   Who may apply for a licence
(1)  Only a person who conducts, or proposes to conduct, a business or undertaking may apply for an asbestos removal licence.
(2)  Only an individual who holds the qualifications set out in clause 495 may apply for an asbestos assessor licence.
492   Application for asbestos removal licence or asbestos assessor licence
(1)  An application for an asbestos removal licence or asbestos assessor licence must be made in the manner and form required by the regulator.
(2)  The application must include the following information:
(a)  the name and address of the applicant,
(ab)  if required by the regulator of an applicant who is an individual, a photograph of the applicant in the form required by the regulator,
(b)  any other evidence of the applicant’s identity required by the regulator,
(c)  the class of licence to which the application relates,
(d)  if, in the case of an asbestos removal licence, the applicant conducts the business or undertaking under a business name—that business name and a certificate or other written evidence of the registration of the business name,
(e)  a declaration that the applicant does not hold an equivalent licence under a corresponding WHS law,
(f)  if the applicant is an individual:
(i)  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, and
(ii)  details of any conviction or finding of guilt declared under subparagraph (i), and
(iii)  a declaration as to whether or not the applicant has been convicted or found guilty of any offence in relation to the unlawful disposal of hazardous waste under the Protection of the Environment Operations Act 1997, and
(iv)  details of any conviction or finding of guilt declared under subparagraph (iii), and
(v)  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, and
(vi)  details of any enforceable undertaking declared under subparagraph (v), and
(vii)  if the applicant has previously been refused an equivalent licence under a corresponding WHS law, a declaration giving details of that refusal, and
(viii)  if the applicant has previously held an equivalent licence under a corresponding WHS law, a declaration:
(A)  describing any condition imposed on that licence, and
(B)  stating whether or not that licence had been suspended or cancelled and, if so, whether or not the applicant had been disqualified from applying for any licence, and
(C)  giving details of any suspension, cancellation or disqualification,
(g)  if the applicant is a body corporate, the information referred to in paragraph (f) in relation to:
(i)  the body corporate, and
(ii)  each officer of the body corporate,
(h)  in the case of an application for an asbestos removal licence—the additional information referred to in clause 493 or 494, as applicable,
(i)  in the case of an asbestos assessor licence—the additional information referred to in clause 495.
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.
493   Content of application—Class A asbestos removal licence
(1)  For the purposes of clause 492 (2) (h), an application for a Class A asbestos removal licence must include the following:
(a)  the names of 1 or more competent persons who have been engaged by the applicant to supervise the asbestos removal work to be authorised by the licence,
(b)  evidence, as required by the regulator, that each named supervisor is at least 18 years of age,
(c)  a copy of a certification issued to each named supervisor for the specified VET course for the supervision of asbestos removal work,
(d)  evidence that each named supervisor has at least 3 years of relevant industry experience,
(e)  evidence that the applicant has a certified safety management system in place.
(2)  If the applicant is an individual who proposes to supervise the carrying out of the Class A asbestos removal work, the statement and information referred to in subclause (1) (b), (c) and (d) must relate to the applicant.
494   Content of application—Class B asbestos removal licence
(1)  For the purposes of clause 492 (2) (h), an application for a Class B asbestos removal licence must include the following:
(a)  the name of 1 or more competent persons who have been engaged by the applicant to supervise the asbestos removal work to be authorised by the licence,
(b)  evidence, as required by the regulator, that each named supervisor is at least 18 years of age,
(c)  a copy of a certification issued to each named supervisor for the specified VET course for the supervision of asbestos removal work,
(d)  evidence that each named supervisor has at least 1 year of relevant industry experience.
(2)  If the applicant is an individual who proposes to supervise the carrying out of the Class B asbestos removal work, the statement and information referred to in subclause (1) (b), (c) and (d) must relate to the applicant.
495   Content of application—asbestos assessor licence
For the purposes of clause 492 (2) (i), an application for an asbestos assessor licence must include:
(a)  evidence that the applicant has acquired through training or experience the knowledge and skills of relevant asbestos removal industry practice, and
(b)  either:
(i)  a copy of a certification held by the applicant in relation to the specified VET course for asbestos assessor work, or
(ii)  evidence that the applicant holds a tertiary qualification in occupational health and safety, industrial hygiene, science, building construction or environmental health.
496   Additional information
(1)  If an application for a licence does not contain sufficient information to enable the regulator to make a decision whether or not to grant the licence, the regulator may ask the applicant to provide additional information.
(2)  A request for additional information must:
(a)  specify the date (not being 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 to be taken to have been withdrawn.
(4)  The regulator may make more than 1 request for additional information.
497   Decision on application
(1)  Subject to subclause (3), the regulator must grant an asbestos removal licence or asbestos assessor licence if satisfied about:
(a)  the matters referred to in subclause (2), and
(b)  the additional matters referred to in clause 498 or 499, as applicable.
(2)  The regulator must be satisfied about the following:
(a)  the application has been made in accordance with this Regulation,
(b)  the applicant does not hold an equivalent licence under a corresponding WHS law unless that licence is due for renewal,
(c)  if the applicant is an individual, the applicant:
(i)  resides in this jurisdiction, or
(ii)  resides outside this jurisdiction and circumstances exist that justify the grant of the licence,
(d)  if the applicant is a body corporate, the applicant’s registered office:
(i)  is located in this jurisdiction, or
(ii)  is located outside this jurisdiction and circumstances exist that justify the grant of the licence,
(e)  the applicant is able to ensure that the work or other activities to which the licence relates are carried out safely and competently,
(f)  the applicant is able to ensure compliance with any conditions that will apply to the licence.
(3)  The regulator must refuse to grant a licence if satisfied that:
(a)  the applicant is disqualified under a corresponding WHS law from holding an equivalent licence, 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 licence, 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 496, the regulator is taken to have refused to grant the licence applied for.
Note.
 A refusal to grant a licence (including under subclause (5)) is a reviewable decision (see clause 676).
498   Class A asbestos removal licence—regulator to be satisfied about additional matters
For the purposes of clause 497 (1) (b), in relation to a Class A asbestos removal licence, the regulator must be satisfied that:
(a)  each supervisor named by the applicant:
(i)  is at least 18 years of age, and
(ii)  holds a certification for:
(A)  the specified VET course for the supervision of asbestos removal work, and
(B)  the specified VET course for the Class A asbestos removal work, and
(iii)  has at least 3 years of relevant industry experience, and
(b)  the applicant has a certified safety management system in place.
499   Class B asbestos removal licence—regulator to be satisfied about additional matters
For the purposes of clause 497 (1) (b), in relation to a Class B asbestos removal licence the regulator must be satisfied that each supervisor named by the applicant:
(a)  is at least 18 years of age, and
(b)  holds a certification for:
(i)  the specified VET course for the supervision of asbestos removal work, and
(ii)  the specified VET course for the Class B asbestos removal work, and
(c)  has at least 1 year of relevant industry experience.
500   Matters to be taken into account
(1)  For the purposes of clause 497 (2) (e) and (f), 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 offence in relation to the unlawful disposal of hazardous waste under the Protection of the Environment Operations Act 1997 of which the applicant has been convicted or found guilty,
(c)  any enforceable undertaking the applicant has entered into under the Act or a corresponding WHS law,
(d)  in relation to any equivalent licence 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 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,
(e)  the record of the applicant in relation to any matters arising under the Act or this Regulation or under a corresponding WHS law.
(2)  For the purposes of clause 497 (2) (e) and (f), if the applicant is a body corporate, the regulator must have regard to all relevant matters, including the matters referred to in subclause (1), in relation to:
(i)  the body corporate, and
(ii)  each officer of the body corporate.
501   Refusal to grant licence—process
(1)  If the regulator proposes to refuse to grant a licence, 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 giving the notice), 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 licence—consider that submission, and
(b)  whether or not the applicant has made a submission—decide whether to grant or refuse to grant the licence, and
(c)  within 14 days after making the decision, give the applicant written notice of the decision, including the reasons for the decision.
Note.
 A refusal to grant a licence is a reviewable decision (see clause 676).
502   Conditions of licence
(1)  The regulator may impose any conditions it considers appropriate on an asbestos removal licence or asbestos assessor licence.
(2)  Without limiting subclause (1), the regulator may impose conditions in relation to 1 or more of the following:
(a)  control measures which must be implemented in relation to the carrying out of work or activities under the licence,
(b)  the recording or keeping of information,
(c)  requiring the licence holder, or a nominated supervisor of the licence holder, to undergo retraining or reassessment during the term of the licence,
(d)  the provision of information to the regulator,
(e)  the nature of work or activities authorised by the licence,
(f)  the circumstances in which work or activities authorised by the licence may be carried out.
Notes.
 
1   
A person must comply with the conditions of a licence (see section 45 of the Act).
2   
A decision to impose a condition on a licence is a reviewable decision (see clause 676).
503   Duration of licence
Subject to this Part, an asbestos removal licence or asbestos assessor licence takes effect on the day it is granted and, unless cancelled earlier, expires 5 years after that day.
504   Licence document
(1)  If the regulator grants an asbestos removal licence or asbestos assessor licence, the regulator must issue to the applicant a licence document in the form determined by the regulator.
(2)  The licence document must include the following:
(a)  the name of the licence holder,
(b)  if the licence holder conducts the business or undertaking under a business name—that business name,
(c)  in the case of an asbestos removal licence—the class of asbestos removal licence and a description of the work within the scope of the licence,
(d)  any conditions imposed on the licence by the regulator,
(e)  the date on which the licence was granted,
(f)  the expiry date of the licence.
505   Licence document to be available
(1)  A licence holder must keep the licence 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)  Subclause (1) does not apply if the licence document is not in the licence holder’s possession because:
(a)  it has been returned to the regulator under clause 512, and
(b)  the licence holder has applied for, but has not received, a replacement licence document under clause 513.