New South Wales Consolidated Regulations

WORK HEALTH AND SAFETY REGULATION 2017 - REG 603

603 Matters to be taken into account

(1) In making a decision under clause 602, the regulator must have regard to the following--

(a) any submissions made by the operator under clause 604,

(b) any advice received from a corresponding regulator,

(c) any advice or recommendations received from any agency of the Crown with responsibility in relation to national security.

(2) For the purposes of clause 602(1)(a) and (b), if the operator 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 operator has been convicted or found guilty,

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

(c) in relation to a major hazard facility licence applied for or held by the operator 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 the reason the condition was imposed, and

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

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

(3) For the purposes of clause 602(1)(a) and (b), if the operator is a body corporate, the regulator must have regard to all relevant matters, including the matters referred to in subclause (2), in relation to--

(a) the body corporate, and

(b) each officer of the body corporate.