South Australian Current Regulations

WORK HEALTH AND SAFETY REGULATIONS 2012 - REG 135

135—Matters to be taken into account

        (1)         In making a decision under regulation 133, the regulator must have regard to—

            (a)         any submissions made by the accredited assessor under regulation 136; and

            (b)         any advice received from a corresponding regulator.

        (2)         For the purposes of regulation 134(1)(b) and (c), the regulator must have regard to all relevant matters, including the following:

            (a)         any offence under the Act or these regulations or under a corresponding WHS law, of which the accredited assessor has been convicted or found guilty;

            (b)         any enforceable undertaking that has been entered into by the accredited assessor under the Act or a corresponding WHS law;

            (c)         in relation to any equivalent accreditation applied for or held by the applicant under the Act or these regulations or under a corresponding WHS law—

                  (i)         any refusal to grant the accreditation; and

                  (ii)         any condition imposed on the accreditation, if granted; and

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

            (d)         any suspension of a high risk work licence held by the accredited assessor under the Act or these regulations or under a corresponding WHS law;

            (e)         the accredited assessor's record in relation to any matters arising under the Act or these regulations or under a corresponding WHS law.