Western Australian Current Regulations

WORK HEALTH AND SAFETY ( GENERAL ) REGULATIONS 2022 - REG 143N

143N .         Suspension or cancellation of licence

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

            (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 the 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 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.

        (2)         It is a ground for the suspension or cancellation of a demolition licence if the licence holder does not have a nominated supervisor approved by the regulator.

        Note for this subregulation:

                Regulation 143A provides for a licence holder to notify the regulator of any change in the nominated supervisor.

        (3)         For the purposes of subregulation (1)(b), a licence holder complies with a condition on the licence that requires the licence holder or the 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 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.

        Note for this regulation:

                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).