New South Wales Consolidated Regulations

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WORK HEALTH AND SAFETY REGULATION 2017 - REG 175

Evidence of competence--duty of person conducting business or undertaking

175 Evidence of competence--duty of person conducting business or undertaking

(1) A person conducting a business or undertaking at a workplace must not direct or allow a worker to carry out general diving work unless the person sees written evidence provided by the worker that the worker has the relevant competence required under this Division.
: Maximum penalty--
(a) in the case of an individual--15 penalty units, or
(b) in the case of a body corporate--70 penalty units.
(2) A person conducting a business or undertaking at a workplace must not direct or allow a person appointed under clause 177 to perform any of the functions associated with that appointment unless the person conducting the business or undertaking sees written evidence provided by the person appointed that the person appointed has the competence required under clause 174.
: Maximum penalty--
(a) in the case of an individual--15 penalty units, or
(b) in the case of a body corporate--70 penalty units.
(3) A person conducting a business or undertaking must keep the written evidence given to the person--
(a) under subclause (1)--for at least 1 year after the diving work is carried out,
(b) under subclause (2)--for at least 1 year after the last occasion on which the person performs a function associated with the appointment.
: Maximum penalty--
(a) in the case of an individual--15 penalty units, or
(b) in the case of a body corporate--70 penalty units.



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