Commonwealth Consolidated Acts

WORK HEALTH AND SAFETY ACT 2011 - SECT 44

  (1)   A person must not carry out work at a workplace if:

  (a)   the regulations require the work, or class of work, to be carried out by, or under the supervision of, a person who has prescribed qualifications or experience; and

  (b)   the person does not have the prescribed qualifications or experience or the work is not carried out under the supervision of a person who has the prescribed qualifications or experience.

Penalty:   The tier C monetary penalty.

  (2)   A person who conducts a business or undertaking must not direct or allow a worker to carry out work at a workplace if:

  (a)   the regulations require the work, or class of work, to be carried out by, or under the supervision of, a person who has prescribed qualifications or experience; and

  (b)   the worker does not have the prescribed qualifications or experience or the work is not carried out under the supervision of a person who has the prescribed qualifications or experience.

Penalty:   The tier C monetary penalty.