Queensland Numbered Acts Queensland Numbered ActsPart 9—
insert—
121AA Regulator may suspend electrical work licences(1) This section applies in relation to the holder of an electrical work licence who performs or supervises electrical work if the regulator reasonably believes that the performance of the work—(a) may have caused the death of, or grievous bodily harm to, a person; or(b) may involve an imminent serious risk to the health or safety of a person.(2) The regulator may—(a) if the electrical work licence was given by the regulator—suspend the licence; or(b) if the electrical work licence is an external licence—suspend the application of the external licence recognition provision to the external licence.(3) The regulator must—(a) give the holder written notice (an
"immediate suspension notice" ) of the suspension; and(b) give the licensing committee a copy of the notice.(4) The suspension takes effect on the giving of the immediate suspension notice.(5) This section does not apply to the holder in relation to the performance of electrical work if the licensing committee has given the holder a preliminary notice in relation to the work.(6) In this section—
"grievous bodily harm" see the Criminal Code, section 1 .
121AB Requirements for immediate suspension notices An immediate suspension notice must state the following—(a) the grounds for the suspension;(b) that the suspension takes effect on the giving of the notice;(c) that a copy of the notice has been given to the licensing committee;(d) that the licensing committee must, under section 121AE , hold a disciplinary hearing to decide the matters mentioned in section 115 (1);(e) the ground mentioned in division 1 the regulator considers may exist for taking disciplinary action against the person to whom the notice is given;(f) that division 2 states the types of disciplinary action that may be taken by the licensing committee;(g) that the person may, within 10 business days of the notice being given (the
"submission period" ), make written submissions to the regulator about the grounds mentioned in paragraphs (a) and (e);(h) that any submissions made under paragraph (g) will be given by the regulator to the licensing committee;(i) all rights of review or appeal under this Act against a disciplinary decision of the licensing committee.
121AC Regulator must give submissions to licensing committee(1) This section applies if the holder of an electrical work licence—(a) is given an immediate suspension notice; and(b) makes a written submission about the grounds mentioned in section 121AB (a) or (e) to the regulator within the submission period.(2) The regulator must give the submission to the licensing committee before a disciplinary hearing is held in relation to the holder.
121AD Licensing committee must give notice of disciplinary hearing(1) This section applies if the holder of an electrical work licence is given an immediate suspension notice.(2) The licensing committee must, within 10 business days of the immediate suspension notice being given, give the holder written notice (a
"hearing notice" ) of the disciplinary hearing under section 121AE .(3) The hearing notice must state the following—(a) the day, time and place the disciplinary hearing is to be held;(b) that the holder is required to appear at the disciplinary hearing;(c) that, if the holder appears at the disciplinary hearing, the holder may give information or make submissions to the licensing committee at the hearing;(d) that, if the holder does not appear at the disciplinary hearing—(i) the holder may give information or make submissions to the licensing committee in another way; and(ii) the licensing committee may act in the holder’s absence, whether or not the holder gives information or makes submissions.(4) The hearing notice must be accompanied by—(a) a copy of the immediate suspension notice; and(b) copies of all written material held by the licensing committee the committee reasonably considers to be relevant to the disciplinary hearing.(5) The stated day for the disciplinary hearing must be at least 5, but not more than 10, business days after the day the hearing notice is given.
121AE Licensing committee must hold disciplinary hearing(1) This section applies if the holder of an electrical work licence is given an immediate suspension notice.(2) The licensing committee must hold a disciplinary hearing under section 115 (1).(3) Sections 117 to 121, other than section 118 (2)(a), apply to the disciplinary hearing as if—(a) a reference in the sections to the ground for taking disciplinary action against the person were a reference to the ground stated in the immediate suspension notice under section 121AB (e); and(b) a reference in section 118 (4) to a disciplinary hearing notice were a reference to a hearing notice.(4) The licensing committee must, at the start of the disciplinary hearing, tell the holder—(a) the facts and circumstances the committee considers are relevant to making a decision under section 115 (1)(a); and(b) the disciplinary action the licensing committee may take against the person.(5) At the disciplinary hearing, the licensing committee must consider—(a) any written submissions made by the holder that were given to the licensing committee under section 121AC ; and(b) any other submissions made, or information given, to the committee by the holder before or at the hearing.
121AF When immediate suspension notice stops having effect An immediate suspension notice given to the holder of an electrical work licence stops having effect when the first of the following happens—(a) a preliminary notice is given to the holder;(b) if the licensing committee does not give the holder a hearing notice within the period mentioned in section 121AD (2)—that period ends;(c) if a disciplinary hearing is not held within 10 business days after the day a hearing notice is given to the holder—that period ends;(d) if the licensing committee makes a decision under section 121 —(i) to take disciplinary action against the person—the disciplinary action takes effect; or(ii) to not take disciplinary action against the person—the decision is made.