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WORK HEALTH AND SAFETY REGULATION 2011 - REG 144W
Suspension or cancellation of licence
144W Suspension or cancellation of licence
(1) The regulator may suspend or cancel a licence to carry out demolition work
if the regulator is satisfied 1 or more of the following apply— (a) the
licence holder has failed to ensure that the work or other activities
authorised by the licence are carried out safely and competently;
(b) the
licence holder has failed to ensure compliance with a condition of the
licence, including a condition requiring the licence holder, or a nominated
supervisor of the licence holder, to undergo retraining or reassessment during
the term of the licence;
(c) the licence holder, in the application for the
grant or renewal of the licence or on request by the regulator for additional
information— (i) gave information that was false or misleading in a material
particular; or
(ii) failed to give any material information that should have
been given in that application or on that request;
(d) the licence was
granted on the basis of a certification that was obtained by a nominated
supervisor or the licence holder if an individual, on the basis of the giving
of false or misleading information by any person or body;
(e) the licence
holder no longer satisfies the requirements of section 144C (2) (o) ;
(f) a
nominated supervisor no longer satisfies the requirements mentioned in section
144D (1) (c) .
(2) It is a ground for the suspension or cancellation of a
licence to carry out demolition work if the licence holder does not have a
qualified nominated supervisor. Note— Section 144O (Change to nominated
supervisor) provides for a licence holder to notify the regulator of any
change in a nominated supervisor.
(3) For the purposes of subsection (1)
(b) , a licence holder complies with a condition on the licence that requires
the licence holder or a nominated supervisor of the licence holder to undergo
retraining or reassessment during the term of the licence if the licence
holder provides a certification in relation to that retraining or
reassessment.
(4) If the regulator suspends or cancels a licence, the
regulator may disqualify the licence holder from applying for— (a) a further
licence of the same type; or
(b) another licence under this regulation to
carry out work which requires skills that are the same as or similar to those
required for the work authorised by the licence that has been suspended or
cancelled.
Note— A decision to suspend a licence, to cancel a licence or
to disqualify the licence holder from applying for a further licence is a
reviewable decision, see section 676 .
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