New South Wales Consolidated Regulations

WORK HEALTH AND SAFETY REGULATION 2017 - REG 521

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.