Western Australian Current Regulations

WORK HEALTH AND SAFETY ( GENERAL ) REGULATIONS 2022 - REG 106

106 .         Suspension or cancellation of licence

        (1)         The regulator may suspend or cancel a high risk work licence if satisfied about 1 or more of the following —

            (a)         the licence holder has failed to take reasonable care to carry out the high risk work safely and competently;

            (b)         the licence holder has failed to comply with a condition of the licence;

            (c)         the licence holder has failed to obtain a reassessment of competency directed under regulation 95;

            (d)         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;

            (e)         the licence was granted or renewed on the basis of a certification that was obtained on the basis of the giving of false or misleading information by any person or body or that was obtained improperly through a breach of a condition of accreditation by the accredited assessor who conducted the competency assessment.

        (2)         If the regulator suspends or cancels a licence, the regulator may disqualify the licence holder from applying for —

            (a)         a further high risk work licence of the same class; or

            (b)         another licence under these regulations 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.

        (3)         If the regulator suspends a licence, the regulator may vary the conditions of the licence, including by imposing different or additional conditions.

        (4)         A variation of conditions under subregulation (3) takes effect when the suspension of the licence ends.

        Notes for this regulation:

        1.         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 regulation 676).

        2.         A variation of licence conditions is a reviewable decision (see regulation 676).