New South Wales Consolidated Regulations

WORK HEALTH AND SAFETY REGULATION 2017 - REG 89

89 Decision on application

(1) Subject to subclause (3), the regulator must grant a high risk work licence if satisfied about the matters referred to in subclause (2).

(2) The regulator must be satisfied about the following--

(a) the application has been made in accordance with this Regulation,

(b) the applicant does not hold an equivalent licence under a corresponding WHS law unless that licence is due for renewal,

(c) the applicant--

(i) resides in this jurisdiction, or

(ii) resides outside this jurisdiction and circumstances exist that justify the grant of the licence,

(d) the applicant is at least 18 years of age,

(e) the applicant has provided the certification required under clause 87(2)(f),

(f) the applicant is able to carry out the work to which the licence relates safely and competently.

(3) The regulator must refuse to grant a high risk work licence if satisfied that--

(a) the applicant is disqualified under a corresponding WHS law from holding an equivalent licence, or

(b) the applicant, in making the application, has--

(i) given information that is false or misleading in a material particular, or

(ii) failed to give any material information that should have been given.

(4) If the regulator decides to grant the licence, it must notify the applicant within 14 days after making the decision.

(5) If the regulator does not make a decision within 120 days after receiving the application or the additional information requested under clause 88, the regulator is taken to have refused to grant the licence applied for.

Note : A refusal to grant a high risk work licence (including under subclause (5)) is a reviewable decision (see clause 676).