New South Wales Consolidated Regulations

WORK HEALTH AND SAFETY REGULATION 2017 - REG 284

284 Amendment on application by registration holder

(1) The regulator, on application by the registration holder, may amend a registration, including by amending the registration to vary or delete a condition of the registration.

(2) If the regulator proposes to refuse to amend the registration, the regulator must give the registration holder a written notice--

(a) informing the registration holder of the proposed refusal to amend the registration and the reasons for the proposed refusal, and

(b) advising the registration holder that the registration holder may, by a specified date (being not less than 28 days after giving the notice), make a submission to the regulator in relation to the proposed refusal.

(3) After the date specified in a notice under subclause (2), the regulator must--

(a) if the registration holder has made a submission in relation to the proposed refusal--consider that submission, and

(b) whether or not the registration holder has made a submission--decide--

(i) to make the amendment applied for, or

(ii) not to make any amendment, or

(iii) to make a different amendment that results from consideration of any submission made by the registration holder, and

(c) within 14 days after making that decision, give the registration holder written notice of the decision in accordance with this clause.

(4) If the regulator makes the amendment applied for, the notice under subclause (3)(c) must specify the date (being not less than 28 days after the registration holder is given the notice) on which the amendment takes effect.

(5) If the regulator refuses to make the amendment or makes a different amendment, the notice under subclause (3)(c) must--

(a) if a submission was made in relation to the proposed refusal of the amendment applied for--set out the reasons for the regulator's decision, and

(b) if the regulator makes a different amendment--

(i) set out the amendment, and

(ii) specify the date (being not less than 28 days after the licence holder is given the notice) on which the amendment takes effect.

Note : A refusal to make the amendment applied for, or a decision to make a different amendment, is a reviewable decision (see clause 676).