Western Australian Current Regulations

WORK HEALTH AND SAFETY ( GENERAL ) REGULATIONS 2022 - REG 520

520 .         Suspension or cancellation of licence

        (1)         The regulator may suspend or cancel an asbestos removal licence or asbestos assessor 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 a 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)         in relation to an asbestos removal licence — 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;

            (e)         in relation to a Class A asbestos removal licence — the licence holder has failed to have a certified safety management system in place.

        (2)         It is a ground for the suspension or cancellation of an asbestos removal licence if the licence holder does not have a qualified nominated asbestos removal supervisor.

        Note for this subregulation:

                Regulation 507 provides for a licence holder to notify the regulator of any change in a 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 a 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).