South Australian Current Regulations South Australian Current Regulations724—Licence to carry out high risk work
(1) This regulation
applies to a high risk work licence to carry out high risk work of a
particular class in force for the purposes of Part 7 Division 4 of the revoked
regulations immediately before the relevant day.
(2) Subject to this
regulation, a high risk work licence to which this
regulation applies (the "original licence") will be taken to be a high risk
work licence for the class of high risk work under these regulations that
corresponds to the class of high risk work authorised by the original licence.
(3) Subject to this
regulation, Chapter 4 Part 5 of these regulations applies to and in
relation to a high risk work licence to which this regulation applies as if it
were a high risk work licence issued by the regulator under that Part.
(4) Any condition of
the licence in force under the revoked regulations immediately before the
relevant day will be taken to be a condition imposed on the licence by the
regulator.
(5) A high risk work
licence to which this regulation applies will, unless cancelled earlier,
expire 5 years after the day on which it was granted.
(6) If a person holds
a high risk work licence to which this regulation applies for the 'Basic
boiler operation' or 'Intermediate boiler operation' class of high risk work,
the licence will be taken to be a high risk work licence for the 'Standard
boiler operation' class of high risk work under these regulations.
(7) If a person holds
a non-slewing mobile crane licence to which this regulation applies
authorising the person to carry out work that, under these regulations,
requires the person to hold a high risk work licence for the 'Reach stacker'
class of high risk work, the licence will be taken, until the second
anniversary of the relevant day, to be a high risk work licence for the 'Reach
stacker' class of high risk work under these regulations.
(8) A person may apply
for, and may be granted, a high risk work licence for a class of high risk
work to which this subregulation applies despite the fact that he or she has
not completed the VET courses set out in Schedule 4 of these regulations
in relation to the high risk work licence applied for if the person holds
qualifications that would have enabled him or her to undertake high risk work
of that class lawfully immediately before the relevant day (and regulations 86
and 87 of these regulations will apply as if the person had completed the
relevant VET courses).
(9)
Subregulation (8) applies to the following classes of high risk work:
(a)
Concrete placing boom;
(b)
Reciprocating steam engine;
(c)
Advanced boiler operation;
(d)
Standard boiler operation;
(e)
Reach stacker;
(f)
Steam turbine operation.
(10)
Subregulation (8) will cease to have effect on the second anniversary of
the relevant day (but an application for a high risk work licence for a class
of high risk work to which that subregulation applies made before that
anniversary is to be dealt with as if the subregulation still had effect).
(11) An application
for a licence made under regulation 387 of the revoked regulations but not
finally determined immediately before the relevant day is to be taken to be an
application to the regulator for the equivalent licence under Chapter 4
Part 5 of these regulations and is to be dealt with accordingly.
(12) If an application
within the ambit of subregulation (11) satisfies the requirements of
regulation 387 of the revoked regulations, the application will be taken to
satisfy the requirements of Chapter 4 Part 5 of these regulations.
(a) a
person held a relevant certificate relating to high risk work that was in
force immediately before the commencement of the revoked regulations; and
(b) the
person was permitted under regulation 408 of the revoked regulations to
continue to perform the work for which the certificate was granted until
expiry of the certificate in accordance with Schedule 10 of the revoked
regulations; and
(c) the
certificate has not expired before the commencement of these regulations,
the person may continue to perform the work for which the certificate was
granted (subject to any terms and conditions granted with the certificate)
until the day on which the certificate would expire under that Schedule if the
revoked regulations were still in operation.
(14) In
subregulation (13)—
"relevant certificate" means—
(a) a
certificate of competency as defined in regulation 6.4.1 of the
Occupational Health, Safety and Welfare Regulations 1995 as in force
immediately before the commencement of the revoked regulations;
(b)
other evidence of competency.