New South Wales Consolidated Regulations

WORK HEALTH AND SAFETY REGULATION 2017 - REG 85

85 Evidence of licence--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 high risk work for which a high risk work licence is required unless the person sees written evidence provided by the worker that the worker has the relevant high risk work licence for that work.

: Maximum penalty--

(a) in the case of an individual--40 penalty units, or

(b) in the case of a body corporate--210 penalty units.

(2) A person conducting a business or undertaking at a workplace must not direct or allow a worker to carry out high risk work in the circumstances referred to in clause 82(1) unless the person sees written evidence provided by the worker that the worker is undertaking the course of training referred to in clause 82(1)(a).

: Maximum penalty--

(a) in the case of an individual--40 penalty units, or

(b) in the case of a body corporate--210 penalty units.

(2A) A person conducting a business or undertaking at a workplace must not direct or allow a worker to carry out high risk work in the circumstances referred to in clause 82(1A) unless the person sees written evidence provided by the worker that the worker--

(a) in the circumstances referred to in clause 82(1A)(a)--holds a certification referred to in clause 82(1A), and

(b) in the circumstances referred to in clause 82(1A)(b)--

(i) holds a certification referred to in clause 82(1A), and

(ii) has applied for the relevant licence within the period referred to in clause 82(1A)(b).

: Maximum penalty--

(a) in the case of an individual--40 penalty units, or

(b) in the case of a body corporate--210 penalty units.

(3) A person conducting a business or undertaking at a workplace must not direct or allow a worker to supervise high risk work as referred to in clauses 82(1) and 84 unless the person sees written evidence that the worker holds the relevant high risk work licence for that high risk work.

: Maximum penalty--

(a) in the case of an individual--40 penalty units, or

(b) in the case of a body corporate--210 penalty units.

(4) A person conducting a business or undertaking at a workplace must keep a record of the written evidence provided--

(a) under subclause (1) or (2)--for at least 1 year after the high risk work is carried out,

(b) under subclause (3)--for at least 1 year after the last occasion on which the worker performs the supervision work.

: Maximum penalty--

(a) in the case of an individual--15 penalty units, or

(b) in the case of a body corporate--70 penalty units.