Victorian Consolidated Regulations

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OCCUPATIONAL HEALTH AND SAFETY REGULATIONS 2017 - REG 350

Authority may cancel construction induction card based on false or misleading information

    (1)     The Authority may cancel a construction induction card if it is satisfied that the person who applied for the construction induction card—

        (a)     gave information in the application for the construction induction card that was false or misleading in a material particular (without advising the Authority in writing at the time that the information was given that it was false or misleading); or

        (b)     did not disclose material information to the Authority.

    (2)     Before cancelling a construction induction card the Authority must conduct an inquiry to determine whether there are grounds for taking action under subregulation (1).

    (3)     The Authority must give the person who holds the construction induction card written notice of the inquiry.

    (4)     The notice must—

        (a)     state the subject of the inquiry and the reasons for conducting it; and

        (b)     set out an outline of all allegations, facts and circumstances known to the Authority that are relevant to the inquiry; and

        (c)     invite the person to make a submission to the inquiry; and

        (d)     specify a period of not less than 14 days within which the person may accept the invitation to make a submission.

    (5)     After considering any submissions made by, or on behalf of, the person in the period allowed, the Authority must decide whether or not grounds exist to cancel the construction induction card.

    (6)     If the Authority is satisfied that grounds exist to cancel the construction induction card, the Authority must—

        (a)     cancel the construction induction card; and

        (b)     give the card holder written notice of the following—

              (i)     its decision;

              (ii)     the reasons for its decision;

              (iii)     the date the cancellation is to take effect.

    (7)     In specifying the date that the cancellation is to take effect, the Authority must not specify a date that is less than 14 days after the person is given the notice.



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