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Contents (2017 - 404)
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Work Health and Safety Regulation 2017
Current version for 15 November 2019 to date (accessed 8 December 2019 at 08:57)
Chapter 11 Part 11.2 Division 4
Division 4 Exemption process
690   Application for exemption
An application for an exemption must be made in the manner and form required by the regulator.
Notes.
 
1   
The application must be in writing (see clause 684(2)).
2   
The regulator may grant an exemption on its own initiative (see clause 684(2)).
3   
See section 268 of the Act for offences relating to the giving of false or misleading information under the Act or this Regulation.
691   Conditions of exemption
(1)  The regulator may impose any conditions it considers appropriate on an exemption granted under this Part.
(2)  Without limiting subclause (1), conditions may require the applicant to do 1 or more of the following—
(a)  monitor risks,
(b)  monitor the health of persons at the workplace who may be affected by the exemption,
(c)  keep certain records,
(d)  use a stated system of work,
(e)  report certain matters to the regulator,
(f)  give notice of the exemption to persons who may be affected by the exemption.
Note.
 A decision to impose a condition is a reviewable decision (see clause 676).
692   Form of exemption document
The regulator must prepare an exemption document that states the following—
(a)  the name of the applicant for the exemption (if any),
(b)  the person or class of persons to whom the exemption will apply,
(c)  the work or thing to which the exemption relates, if applicable,
(d)  the circumstances in which the exemption will apply,
(e)  the provisions of this Regulation to which the exemption applies,
(f)  any conditions on the exemption,
(g)  the date on which the exemption takes effect,
(h)  the duration of the exemption.
693   Compliance with conditions of exemption
A person to whom the exemption is granted must—
(a)  comply with the conditions of the exemption, and
(b)  ensure that any person under the management or control of that person complies with the conditions of the exemption.
694   Notice of decision in relation to exemption
The regulator must give a copy of the exemption document referred to in clause 692, within 14 days after making the decision to grant the exemption, to—
(a)  if a person applied for the exemption—the applicant, or
(b)  if the regulator granted the exemption on its own initiative—each person (other than persons to whom clause 695 applies) to whom the exemption will apply.
695   Publication of notice of exemption
(1)  This clause applies to an exemption that relates to a class of persons.
(2)  The regulator must publish a copy of the exemption in the Gazette.
696   Notice of refusal of exemption
(1)  If the regulator refuses to grant an exemption, the regulator must give the applicant for the exemption written notice of the refusal within 14 days after making that decision.
(2)  The notice must state the regulator’s reasons for the refusal.
Note.
 A refusal to grant an exemption is a reviewable decision (see clause 676).
697   Amendment or cancellation of exemption
The regulator may at any time amend or cancel an exemption.
Note.
 A decision to amend or cancel an exemption is a reviewable decision (see clause 676).
698   Notice of amendment or cancellation
(1)  The regulator must give written notice of the amendment or cancellation of an exemption, within 14 days after making the decision to amend or cancel the exemption, to—
(a)  if a person applied for the exemption—the applicant, or
(b)  if the regulator granted the exemption on its own initiative—each person (other than persons to whom subclause (2) applies) to whom the exemption applies.
(2)  If the exemption affects a class of persons, the regulator must publish notice of the amendment or cancellation of the exemption in the Gazette.
(3)  The notice must state the regulator’s reasons for the amendment or cancellation.
(4)  The amendment or cancellation takes effect—
(a)  on the publication of the notice in the Gazette, or on a later date specified in the notice, or
(b)  if the notice is not required to be published in the Gazette, on the giving of the notice to the applicant under subclause (1) or on a later date specified in the notice.