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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 9 December 2019 at 19:32)
Chapter 8 Part 8.10 Division 6
Division 6 Suspension and cancellation of licence
520   Suspension or cancellation of licence
(1)  The regulator may suspend or cancel an asbestos removal licence or asbestos assessor licence if satisfied about 1 or more of the following—
(a)  the licence holder has failed to ensure that the work or other activities authorised by the licence are carried out safely and competently,
(b)  the licence holder has failed to ensure compliance with a condition of the licence, including a condition requiring the licence holder, or a nominated supervisor of the licence holder, to undergo retraining or reassessment during the term of the licence,
(c)  the licence holder, in the application for the grant or renewal of the licence 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,
(d)  in relation to an asbestos removal licence—the licence was granted or renewed on the basis of a certification that was obtained on the basis of the giving of false or misleading information by any person or body,
(e)  in relation to a Class A asbestos removal licence—the licence holder has failed to have a certified safety management system in place.
(2)  It is a ground for the suspension or cancellation of an asbestos removal licence if the licence holder does not have a qualified nominated asbestos removal supervisor.
Note.
 Clause 507 provides for a licence holder to notify the regulator of any change in a nominated supervisor.
(3)  For the purposes of subclause (1)(b), a licence holder complies with a condition on the licence that requires the licence holder or a nominated supervisor of the licence holder to undergo retraining or reassessment during the term of the licence if the licence holder provides a certification in relation to that retraining or reassessment.
(4)  If the regulator suspends or cancels a licence, the regulator may disqualify the licence holder from applying for—
(a)  a further licence of the same type, or
(b)  another licence under this Regulation to carry out work which requires skills that are the same as or similar to those required for the work authorised by the licence that has been suspended or cancelled.
Note.
 A decision to suspend a licence, to cancel a licence or to disqualify the licence holder from applying for a further licence is a reviewable decision (see clause 676).
521   Matters taken into account
(1)  In making a decision under clause 520, the regulator must have regard to—
(a)  any submissions made by the licence holder under clause 522, and
(b)  any advice received from a corresponding regulator.
(2)  For the purposes of clause 520(1)(a) and (b), if the licence holder is an individual, 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 licence holder has been convicted or found guilty,
(b)  any enforceable undertaking the licence holder has entered into under this Act or a corresponding WHS law,
(c)  in relation to any equivalent licence applied for or held by the licence holder 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,
(d)  the record of the licence holder in relation to any matters arising under the Act or this Regulation or under a corresponding WHS law.
(3)  For the purposes of clause 520(1)(a) and (b), if the licence holder is a body corporate, the regulator must have regard to all relevant matters, including the matters referred to in subclause (2), in relation to—
(i)  the body corporate, and
(ii)  each officer of the body corporate.
522   Notice to and submissions by licence holder
Before suspending or cancelling an asbestos removal licence or asbestos assessor licence, the regulator must give the licence 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 licence holder that the licence 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.
523   Notice of decision
(1)  The regulator must give the licence holder written notice of a decision under clause 520 to suspend or cancel an asbestos removal licence or asbestos assessor licence within 14 days after making the decision.
(2)  The notice must—
(a)  state that the licence is to be suspended or cancelled, and
(b)  if the licence is to be suspended, state—
(i)  when the suspension begins and ends, and
(ii)  the reasons for the suspension, and
(iii)  whether the licence holder is required to undergo retraining or reassessment or take any other action before the suspension ends, and
(iv)  whether or not the licence holder is disqualified from applying for a further licence during the suspension, and
(c)  if the licence is to be cancelled, state—
(i)  when the cancellation takes effect, and
(ii)  the reasons for the cancellation, and
(iii)  whether or not the licence holder is disqualified from applying for a further licence, and
(d)  if the licence holder is disqualified from applying for a further licence, state—
(i)  when the disqualification begins and ends, and
(ii)  the reasons for the disqualification, and
(iii)  whether or not the licence holder is required to undergo retraining or reassessment or take any other action before the disqualification ends, and
(iv)  any other class of licence under this Regulation that the licence holder is disqualified from applying for, and
(e)  state when the licence document must be returned to the regulator.
524   Immediate suspension
(1)  The regulator may suspend an asbestos removal licence or asbestos assessor licence on a ground referred to in clause 520 without giving notice under clause 522, if satisfied that—
(a)  work carried out under the licence should cease because the work may involve an imminent serious risk to the health or safety of any person, or
(b)  a corresponding regulator has suspended an equivalent licence held by the licence holder under this clause as applying in the corresponding jurisdiction.
(2)  If the regulator decides to suspend a licence under this clause—
(a)  the regulator must give the licence holder written notice of the suspension and the reasons for the suspension, and
(b)  the suspension of the licence takes effect on the giving of the notice.
(3)  The regulator must then—
(a)  give notice under clause 522 within 14 days after giving the notice under subclause (2), and
(b)  make its decision under clause 520.
(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 licence remains suspended until the decision is made under clause 520.
525   Licence holder to return licence document
A licence holder, on receiving a notice under clause 523, must return the licence document to the regulator in accordance with the notice.
Maximum penalty—
(a)  in the case of an individual—$1,250, or
(b)  in the case of a body corporate—$6,000.
526   Regulator to return licence document after suspension
The regulator must return the licence document to the licence holder within 14 days after the licence suspension ends.