Western Australian Current Regulations Western Australian Current Regulations (1) Subject to
subregulation (3), the regulator must grant a high risk work licence if
satisfied about the matters referred to in subregulation (2).
(2) The regulator must
be satisfied about the following —
(a) the
application has been made in accordance with these regulations;
(b) the
applicant does not hold an equivalent licence under a corresponding WHS law
unless that licence is due for renewal;
(c) the
applicant is at least 18 years of age;
(d) the
applicant has provided the certification required under
regulation 87(2)(f);
(e) the
applicant is able to carry out the work to which the licence relates safely
and competently.
(3) The regulator must
refuse to grant a high risk work licence if satisfied that —
(a) the
applicant is disqualified under a corresponding WHS law from holding an
equivalent licence; or
(b) the
applicant, in making the application, has —
(i)
given information that is false or misleading in a
material particular; or
(ii)
failed to give any material information that should have
been given;
or
(c) the
notice of satisfactory assessment issued in respect of the certification
required under regulation 87(2)(f) is based on an assessment conducted
outside of the State.
(4) If the regulator
decides to grant the licence, it must notify the applicant within 14 days
after making the decision.
(5) If the regulator
does not make a decision within 120 days after receiving the application
or the additional information requested under regulation 88, the
regulator is taken to have refused to grant the licence applied for.
Note for this regulation:
A refusal to grant a
high risk work licence (including under subregulation (5)) is a
reviewable decision (see regulation 676).