New South Wales Consolidated Regulations

WORK HEALTH AND SAFETY REGULATION 2017 - REG 135

135 Matters to be taken into account

(1) In making a decision under clause 133, the regulator must have regard to--

(a) any submissions made by the accredited assessor under clause 136, and

(b) any advice received from a corresponding regulator.

(2) For the purposes of clause 134(1)(b) and (c), 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 accredited assessor has been convicted or found guilty,

(b) any enforceable undertaking the accredited assessor has entered into under the Act or a corresponding WHS law,

(c) in relation to any equivalent accreditation applied for or held by the accredited assessor under the Act or this Regulation or under a corresponding WHS law--

(i) any refusal to grant the accreditation, and

(ii) any condition imposed on the accreditation, if granted, and

(iii) any suspension or cancellation of the accreditation, if granted, including any disqualification from applying for any accreditation,

(d) any suspension of a high risk work licence held by the accredited assessor under the Act or this Regulation or under a corresponding WHS law,

(e) the accredited assessor's record in relation to any matters arising under the Act or this Regulation or under a corresponding WHS law.