Work Health and Safety Regulation 2011

1Short title

This regulation may be cited as the Work Health and Safety Regulation 2011.

2Commencement

(1)Section 142 commences on 1 July 2012.

(2)Section 343 commences on 1 January 2013.

(2A)The following provisions commence on 1 January 2014—

(a)section 48;

(b)sections 432 and 433.

(2B)The following provisions commence on 1 January 2016—

(d)part 8.5, division 1;

(e)chapter 14.

(3)The following provisions commence on the commencement of the Waste Reduction and Recycling Act 2011, section 103—

(a)section 492(2)(i)(ii);

(b)section 500(b)(ii).

(4)The remaining provisions commence on the commencement of section 277 (Repeal of Workplace Health and Safety Act 1995) of the Act.

s 2 amd 2012 SL No. 203 s 3; 2013 SL No. 222 s 4; 2014 SL No. 60 s 17; 2014 SL No. 238 s 3; 2015 SL No. 169 s 3; 2016 SL No. 229 s 18; 2018 SL No. 216 s 9; 2020 SL No. 252 s 3

3Section number not used

Note—

The numbering of provisions of this regulation closely corresponds to the same numbering of regulations in model regulations prepared for and approved by the Council of Australian Governments. To maximise uniformity between this regulation and the model regulations, the numbers of some regulations in the model regulations that are not relevant have not been used in the numbering of provisions of this regulation, unless required for provisions particular to the State. Adoption of the numbering of the model regulations also results in alphanumeric numbering being used to insert further provisions particular to the State.

4Section number not used

See note to section 3.

5Definitions

The dictionary in schedule 19 defines particular words used in this regulation.

6Determination of safety management system

The regulator may make a determination for the purposes of the definition of certified safety management system.

7Meaning of person conducting a business or undertaking—persons excluded

(1)For section 5(6) of the Act, a strata title body corporate that is responsible for any common areas used only for residential purposes may be taken not to be a person conducting a business or undertaking in relation to those premises.

(2)Subsection (1) does not apply if the strata title body corporate engages any worker as an employee.

(3)For section 5(6) of the Act, an incorporated association may be taken not to be a person conducting a business or undertaking if—

(a)the incorporated association consists of a group of volunteers working together for 1 or more community purposes; and

(b)the incorporated association, either alone or jointly with another similar incorporated association, does not employ a person to carry out work for the incorporated association; and

(c)none of the volunteers, whether alone or jointly with any other volunteers, employs a person to carry out work for the incorporated association.

(4)In this section—

strata title body corporate means a body corporate under—

(a)the Body Corporate and Community Management Act 1997, schedule 6; or

(b)the Integrated Resort Development Act 1987, schedule 3, section 1; or

(c)the Mixed Use Development Act 1993; or

(d)the Registration of Plans (H.S.P. (Nominees) Pty. Limited) Enabling Act 1980; or

(e)the Registration of Plans (Stage 2) (H.S.P. (Nominees) Pty. Limited) Enabling Act 1984; or

(f)the Sanctuary Cove Resort Act 1985, schedule 3, section 1.

s 7 amd 2013 SL No. 222 s 5

8Meaning of supply

For section 6(3)(b) of the Act, a supply of a thing does not include the supply of a thing by a person who does not control the supply and has no authority to make decisions about the supply.

Examples—

•an auctioneer who auctions a thing without having possession of the thing

•real estate agent acting in his or her capacity as a real estate agent

9Provisions linked to health and safety duties in Act

If a note at the foot of a provision of this regulation states ‘WHS Act’ followed by a reference to a section number, the regulation provision sets out the way in which a person’s duty or obligation under that section of the Act is to be performed in relation to the matters and to the extent set out in the regulation provision.

Note—

A failure to comply with a duty or obligation under a section of the Act mentioned in a ‘WHS Act’ note is an offence to which a penalty applies.

10Application of the Act to dangerous goods and high risk plant

The following provisions of the Act are excluded from the operation of schedule 1 to the Act—

(a)part 5, divisions 2 to 8;

(b)part 6;

(c)part 7.

11Application of this regulation

A duty imposed on a person under a provision of this regulation in relation to health and safety does not limit or affect any duty the person has under the Act or, unless otherwise expressly provided, any other provision of this regulation.

12Assessment of risk in relation to a class of hazards, tasks, circumstances or things

If this regulation requires an assessment of risks to health and safety associated with a hazard, task, thing or circumstance, an assessment of risks associated with a class of hazards, tasks, things or circumstances may be conducted if—

(a)all hazards, tasks, things or circumstances in the class are the same; and

(b)the assessment of risks for the class does not result in any worker or other person being exposed to a greater, additional or different risk to health and safety than if the risk assessment were carried out in relation to each individual hazard, task, thing or circumstance.

13Documents incorporated as in force when incorporated

A reference to any document applied, adopted or incorporated by, or referred to in, this regulation is to be read as a reference to that document as in force at the time the document is applied, adopted, incorporated or referred to unless express provision is made to the contrary.

14Inconsistencies between provisions

If a provision of any document applied, adopted or incorporated by, or referred to in, this regulation is inconsistent with any provision this regulation, the provision of this regulation prevails.

15References to standards

(1)In this regulation, a reference consisting of the words ‘Australian Standard’ or the letters ‘AS’ followed in either case by a number or a number accompanied by a reference to a calendar year is a reference to the standard so numbered published by or on behalf of Standards Australia.

(2)In this regulation, a reference consisting of the expression ‘Australian/New Zealand Standard’ or ‘AS/NZS’ followed in either case by a number or a number accompanied by a reference to a calendar year is a reference to the standard so numbered published jointly by or on behalf of Standards Australia and the Standards Council of New Zealand.

16Negotiations for and determination of work groups

(1)Negotiations for and determination of work groups and variations of work groups must be directed at ensuring that the workers are grouped in a way that—

(a)most effectively and conveniently enables the interests of the workers, in relation to work health and safety, to be represented; and

(b)has regard to the need for a health and safety representative for the work group to—

(i)be readily accessible to each other worker in the work group; and

(ii)carry out the same or a similar type of work to each other worker in the work group.

(2)For subsection (1)(b)(i), a health and safety representative is readily accessible to a worker in the work group if the health and safety representative—

(a)works—

(i)at the same workplace as the worker; or

(ii)at a workplace from which the health and safety representative can attend the worker’s workplace within a reasonable time; and

(b)works the same or a similar pattern of work to the worker.

Note—

Under the Act, a work group may be determined for workers at more than one workplace (section 51(3)) or for workers carrying out work for two or more persons conducting businesses or undertakings at one or more workplaces (part 5, division 3, subdivision 3).

s 16 amd 2024 SL No. 128 s 8

17Matters to be taken into account in negotiations

For sections 52(6) and 56(4) of the Act, negotiations for and determination of work groups and variation of work groups must take into account all relevant matters including the following—

(a)the number of workers;

(b)the views of workers in relation to the determination and variation of work groups;

(c)the nature of each type of work carried out by the workers;

(d)the number and grouping of workers who carry out the same or similar types of work;

(e)the areas or places where each type of work is carried out;

(f)the extent to which any worker must move from place to place while at work;

(g)the diversity of workers and their work;

(h)the nature of any hazards at the workplace or workplaces;

(i)the nature of any risks to health and safety at the workplace or workplaces;

(j)the nature of the engagement of each worker, for example as an employee or as a contractor;

(k)the pattern of work carried out by workers, for example whether the work is full-time, part-time, casual or short-term;

(l)the times at which work is carried out;

(m)any arrangements at the workplace or workplaces relating to overtime or shift work.

18Procedures for election of health and safety representatives

(1)This section sets out minimum procedural requirements for the election of a health and safety representative for a work group for section 61(2) of the Act.

(2)The person conducting the election must take all reasonable steps to ensure that the following procedures are complied with—

(a)each person conducting a business or undertaking in which a worker in the work group works is informed of the date on which the election is to be held as soon as practicable after the date is determined;

(b)all workers in the work group are given an opportunity to—

(i)nominate for the position of health and safety representative; and

(ii)vote in the election;

(c)all workers in the work group and all relevant persons conducting a business or undertaking are informed of the outcome of the election.

19Person conducting business or undertaking must not delay election

A person conducting a business or undertaking at a workplace must not unreasonably delay the election of a health and safety representative.

Maximum penalty—36 penalty units.

20Removal of health and safety representatives

(1)For section 64(2)(d) of the Act, the majority of the members of a work group may remove a health and safety representative for the work group if the members sign a written declaration that the health and safety representative should no longer represent the work group.

(2)A member of the work group nominated by the members who signed the declaration must, as soon as practicable—

(a)inform the following persons of the removal of the health and safety representative—

(i)the health and safety representative who has been removed;

(ii)each person conducting a business or undertaking in which a worker in the work group works; and

(b)take all reasonable steps to inform all members of the work group of the removal.

(3)The removal of the health and safety representative takes effect when the persons mentioned in subsection (2)(a) and the majority of members of the work group have been informed of the removal.

20A Resources, facilities and assistance—Act, s 70

For section 70(1)(f) of the Act, the resources, facilities and assistance prescribed are the resources, facilities and assistance that provide each of the following for a health and safety representative for a work group—

(a)a means for the health and safety representative to communicate with 1 or more workers in the work group, including, if the health and safety representative and the workers work at different workplaces, a means of transport to the workers’ workplace;

Examples of resources providing a means to communicate—

access to a phone, access to an electronic device with internet access from which to send emails or attend online meetings with the workers

(b)a means for the health and safety representative to communicate with the person conducting the business or undertaking;

(c)a means for the health and safety representative to hold face-to-face or online meetings with 1 or more workers in the work group;

Examples—

access to a room or area

(d)a means for the health and safety representative to send and receive information about health and safety in accordance with the Act;

(e)a means for the health and safety representative to monitor measures taken by the person conducting the business or undertaking under the Act in relation to the health or safety of workers in the work group;

Example—

a noise meter

(f)a means for the health and safety representative to print or display relevant health and safety information or notices.

s 20A prev s 20 ins 2014 SL No. 60 s 18

om 2015 SL No. 169 s 4

pres s 20A ins 2024 SL No. 128 s 9

21Prescribed health and safety representative training

(1)The prescribed training for section 72(1) of the Act is the following courses of training in work health and safety approved by the regulator—

(a)an initial 5 day course of training;

(b)1 day’s refresher training at least every 12 months, with the entitlement to the first refresher training commencing 12 months after the initial training.

(2)A health and safety representative for a work group for a business or undertaking must complete the initial 5 day course of training within—

(a)28 days after the day the representative is elected as a health and safety representative for the work group; or

(b)if an initial 5 day course is not reasonably available to the representative—as soon as practicable after the period mentioned in paragraph (a).

s 21 amd 2013 SL No. 222 s 67 sch 1

sub 2017 Act No. 38 s 67

amd 2018 SL No. 216 s 10; 2024 SL No. 128 s 10

21AApproving courses of training in work health and safety

(1)The regulator may, in approving a course of training in work health and safety, have regard to any relevant matters including—

(a)the content and quality of the curriculum, including its relevance to the powers and functions of a health and safety representative; and

(b)the qualifications, knowledge and experience of the person who is to provide the course.

(2)The regulator must notify the approved course of training on the regulator’s website.

s 21A ins 2017 Act No. 38 s 67

22Agreed procedure—minimum requirements

(1)This section sets out minimum requirements for an agreed procedure for issue resolution at a workplace.

(2)The agreed procedure for issue resolution at a workplace must include the steps set out in section 23.

(3)A person conducting a business or undertaking at a workplace must ensure that the agreed procedure for issue resolution at the workplace—

(a)complies with subsection (2); and

(b)is set out in writing; and

(c)is communicated to all workers to whom the agreed procedure applies.

Maximum penalty—36 penalty units.

23Default procedure

(1)This section sets out the default procedure for issue resolution for section 81(2) of the Act.

(2)Any party to the issue may commence the procedure by telling each other party—

(a)that there is an issue to be resolved; and

(b)the nature and scope of the issue.

(3)As soon as parties are told of the issue, all parties must meet or communicate with each other to attempt to resolve the issue.

(4)The parties must have regard to all relevant matters including the following—

(a)the degree and immediacy of risk to workers or other persons affected by the issue;

(b)the number and location of workers and other persons affected by the issue;

(c)the measures (both temporary and permanent) that must be implemented to resolve the issue;

(d)who will be responsible for implementing the resolution measures.

(5)A party may, in resolving the issue, be assisted or represented by a person nominated by the party.

(6)If the issue is resolved, details of the issue and its resolution must be set out in a written agreement if any party to the issue requests this.

(7)If a written agreement is prepared all parties to the issue must be satisfied that the agreement reflects the resolution of the issue.

(8)A copy of the written agreement must be provided to—

(a)all parties to the issue; and

(b)if requested, to the health and safety committee for the workplace.

(9)For the avoidance of doubt, nothing in this procedure prevents a worker from bringing a work health and safety issue to the attention of the worker’s health and safety representative.

s 23 amd 2024 SL No. 128 s 11

24Continuity of engagement of worker

For section 88 of the Act, the prescribed purposes are the assessment of eligibility for, or the calculation of benefits for, any benefit or entitlement associated with the worker’s engagement, including—

(a)remuneration and promotion, as affected by seniority;

(b)superannuation benefits;

(c)leave entitlements;

(d)any entitlement to notice of termination of the engagement.

25Training requirements for WHS entry permits

(1)The prescribed training for sections 131 and 133 of the Act is training, that is provided or approved by the regulator, in relation to the following matters—

(a)the right of entry requirements under part 7 of the Act;

(b)the issue resolution requirements under the Act and this regulation;

(c)the duties under, and the framework of, the Act and this regulation;

(d)the requirements for the management of risks under section 17 of the Act;

(e)the meaning of reasonably practicable as set out in section 18 of the Act;

(f)the relationship between the Act and this regulation and the Fair Work Act 2009 (Cwlth) or any relevant State or Territory industrial laws.

(2)The training must include providing the participant with information about the availability of any guidance material published by the regulator in relation to the Act and this regulation.

(3)For the purpose of approving training, the regulator may have regard to any relevant matter including—

(a)the content and quality of the curriculum, including its relevance to the powers and functions of a WHS permit holder;

(b)the qualifications, knowledge and experience of the person who is to provide the training.

Note—

Under the Acts Interpretation Act 1954, section 24AA, the power to make an instrument or decision includes the power to amend or repeal the instrument or decision, that is, the power to approve training includes a power to revoke or vary the approval.

26Form of WHS entry permit

A WHS entry permit must include the following—

(a)the section of the Act under which the WHS entry permit is issued;

(b)the full name of the WHS entry permit holder;

(c)the name of the union that the WHS entry permit holder represents;

(d)a statement that the WHS entry permit holder is entitled, while the WHS entry permit is in force, to exercise the rights given to the WHS entry permit holder under the Act;

(e)the date of issue of the WHS entry permit;

(f)the expiry date for the WHS entry permit;

(g)the signature of the WHS entry permit holder;

(h)any conditions on the WHS entry permit.

27Notice of entry—general

A notice of entry under part 7 of the Act must—

(a)be written; and

(b)include the following—

(i)the full name of the WHS entry permit holder;

(ii)the name of the union that the WHS entry permit holder represents;

(iii)the section of the Act under which the WHS entry permit holder is entering or proposing to enter the workplace;

(iv)the name and address of the workplace entered or proposed to be entered;

(v)the date of entry or proposed entry;

(vi)the additional information and other matters required under section 28, 29 or 30 (as applicable).

28Additional requirements—entry under section 117

A notice of entry under section 119 of the Act in relation to an entry under section 117 of the Act must also include the following—

(a)so far as is practicable, the particulars of the suspected contravention to which the notice relates;

(b)a declaration stating—

(i)that the union is entitled to represent the industrial interests of a worker who carries out work at the workplace entered and is a member, or eligible to be a member, of that union; and

(ii)the provision in the union’s rules that entitles the union to represent the industrial interests of that worker; and

(iii)that the suspected contravention relates to, or affects, that worker.

Note—

Section 130 of the Act provides that a WHS entry permit holder is not required to disclose the name of any worker to the person conducting the business or undertaking, and may do so only with the consent of the worker.

29Additional requirements—entry under section 120

A notice of entry under section 120 of the Act in relation to an entry under that section must also include the following—

(a)so far as is practicable, the particulars of the suspected contravention to which the notice relates;

(b)a description of the employee records and other documents, or of the classes of records and documents, directly relevant to the suspected contravention, that are proposed to be inspected;

(c)a declaration stating—

(i)that the union is entitled to represent the industrial interests of a worker who is a member, or eligible to be a member, of that union; and

(ii)the provision in the union’s rules that entitles the union to represent the industrial interests of that worker; and

(iii)that the suspected contravention relates to, or affects, that worker; and

(iv)that the records and documents proposed to be inspected relate to that contravention.

Note—

Section 130 of the Act provides that a WHS entry permit holder is not required to disclose the name of any worker to the person conducting the business or undertaking, and may do so only with the consent of the worker.

30Additional requirements—entry under section 121

A notice of entry under section 122 of the Act in relation to an entry under section 121 of the Act must also include a declaration stating—

(a)that the union is entitled to represent the industrial interests of a worker who carries out work at the workplace proposed to be entered and is a member, or eligible to be a member, of that union; and

(b)the provision in the union’s rules that entitles the union to represent the industrial interests of that worker.

Note—

Section 130 of the Act provides that a WHS entry permit holder is not required to disclose the name of any worker to the person conducting the business or undertaking, and may do so only with the consent of the worker.

31Register of WHS entry permit holders

For section 151 of the Act, the commission must publish on its website—

(a)an up-to-date register of WHS entry permit holders; and

(b)the date on which the register was last updated.

ch 2A hdg ins 2017 Act No. 38 s 68

sub 2018 SL No. 94 s 4

31ADefinitions for chapter

In this chapter—

approved RTO means an RTO approved by the regulator under section 31E.

approved work health and safety officer course means a work health and safety officer course approved by the regulator under section 31E.

approved work health and safety officer recertification course means a work health and safety officer recertification course approved by the regulator under section 31E.

s 31A ins 2017 Act No. 38 s 68

sub 2018 SL No. 94 s 4

31BApplication to regulator for certificate of authority

(1)A person may apply to the regulator for a certificate of authority.

(2)The application must be in the approved form.

s 31B ins 2017 Act No. 38 s 68

sub 2018 SL No. 94 s 4

31CDeciding application

The regulator may grant an application made under section 31B if the regulator is satisfied—

(a)the applicant has successfully completed—

(i)an approved work health and safety officer course; or

(ii)an approved work health and safety officer recertification course; or

(b)the applicant has the qualifications or experience necessary to satisfactorily perform the functions of a work health and safety officer.

s 31C ins 2017 Act No. 38 s 68

sub 2018 SL No. 94 s 4

31D Approved registered training organisation may grant certificate of authority

An approved RTO may grant a person a certificate of authority on the successful completion by the person of either of the following courses conducted by the approved RTO—

(a)an approved work health and safety officer course;

(b)an approved work health and safety officer recertification course.

s 31D ins 2018 SL No. 94 s 4

31EApproving work health and safety officer courses and registered training organisations

(1)The regulator may approve—

(a)a work health and safety officer course; or

(b)a work health and safety officer recertification course; or

(c)an RTO for section 31D.

(2)In approving a course under subsection (1)(a) or (b), the regulator must have regard to the content and quality of the curriculum, including its relevance to the functions of a work health and safety officer.

(3)The regulator must notify each approved course and approved RTO on the regulator’s website.

s 31E ins 2018 SL No. 94 s 4

31FExpiry of certificate of authority

A certificate of authority expires 5 years after the day the certificate is granted.

s 31F ins 2018 SL No. 94 s 4

32Application of pt 3.1

This part applies to a person conducting a business or undertaking who has a duty under this regulation to manage risks to health and safety.

33Specific requirements must be complied with

Any specific requirements under this regulation for the management of risk must be complied with when implementing the requirements of this part.

Examples—

•a requirement not to exceed an exposure standard

•a duty to implement a specific control measure

•a duty to assess risk

34Duty to identify hazards

A duty holder, in managing risks to health and safety, must identify reasonably foreseeable hazards that could give rise to risks to health and safety.

35Management of risk

A duty holder, in managing risks to health and safety, must—

(a)eliminate risks to health and safety so far as is reasonably practicable; and

(b)if it is not reasonably practicable to eliminate risks to health and safety—minimise those risks so far as is reasonably practicable.

36Hierarchy of control measures

(1)This section applies if it is not reasonably practicable for a duty holder to eliminate risks to health and safety.

(2)A duty holder, in minimising risks to health and safety must implement risk control measures under this section.

(3)The duty holder must minimise risks, so far as is reasonably practicable, by doing one or more of the following—

(a)substituting (wholly or partly) the hazard giving rise to the risk with something that gives rise to a lesser risk;

(b)isolating the hazard from any person exposed to it;

(c)implementing engineering controls.

(4)If a risk then remains, the duty holder must minimise the remaining risk, so far as is reasonably practicable, by implementing administrative controls.

(5)If a risk then remains, the duty holder must minimise the remaining risk, so far as is reasonably practicable, by ensuring the provision and use of suitable personal protective equipment.

Note—

A combination of the controls set out in this section may be used to minimise a risk, so far as is practicable, if a single control is not sufficient for the purpose.

37Maintenance of control measures

A duty holder who implements a control measure to eliminate or minimise risks to health and safety must ensure that the control measure is, and is maintained so that it remains, effective, including by ensuring that the control measure is and remains—

(a)fit for purpose; and

(b)suitable for the nature and duration of the work; and

(c)installed, set up and used correctly.

38Review of control measures

(1)A duty holder must review and, as necessary, revise control measures implemented under this regulation so as to maintain, so far as is reasonably practicable, a work environment that is without risks to health or safety.

(2)Without limiting subsection (1), the duty holder must review and, as necessary, revise a control measure in the following circumstances—

(a)the control measure does not control the risk it was implemented to control so far as is reasonably practicable;

Examples—

•the results of monitoring show that the control measure does not control the risk

•a notifiable incident occurs because of the risk

(b)before a change at the workplace that is likely to give rise to a new or different risk to health or safety that the measure may not effectively control;

(c)a new relevant hazard or risk is identified;

(d)the results of consultation by the duty holder under the Act or this regulation indicate that a review is necessary;

(e)a health and safety representative requests the review under subsection (4).

Note—

See also section 55G in relation to a review of control measures about sexual harassment and sex or gender-based harassment.

(3)Without limiting subsection (2)(b), a change at the workplace includes—

(a)a change to the workplace itself or any aspect of the work environment; or

(b)a change to a system of work, a process or a procedure.

(4)A health and safety representative for workers at a workplace may request a review of a control measure if the representative reasonably believes that—

(a)a circumstance mentioned in subsection (2)(a), (b), (c) or (d) affects or may affect the health and safety of a member of the work group represented by the health and safety representative; and

(b)the duty holder has not adequately reviewed the control measure in response to the circumstance.

s 38 amd 2024 SL No. 173 s 4

39Provision of information, training and instruction

(1)This section applies for section 19 of the Act to a person conducting a business or undertaking.

(2)The person must ensure that information, training and instruction provided to a worker is suitable and adequate having regard to—

(a)the nature of the work carried out by the worker; and

(b)the nature of the risks associated with the work at the time the information, training or instruction is provided; and

(c)the control measures implemented.

(3)The person must ensure, so far as is reasonably practicable, that the information, training and instruction is provided in a way that is readily understandable by any person to whom it is provided.

Maximum penalty—60 penalty units.

s 39 amd 2013 SL No. 222 s 6

40Duty in relation to general workplace facilities

A person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, the following—

(a)the layout of the workplace allows, and the workplace is maintained so as to allow, for persons to enter and exit and to move about without risk to health and safety, both under normal working conditions and in an emergency;

(b)work areas have space for work to be carried out without risk to health and safety;

(c)floors and other surfaces are designed, installed and maintained to allow work to be carried out without risk to health and safety;

(d)lighting enables—

(i)each worker to carry out work without risk to health and safety; and

(ii)persons to move within the workplace without risk to health and safety; and

(iii)safe evacuation in an emergency;

(e)ventilation enables workers to carry out work without risk to health and safety;

(f)workers carrying out work in extremes of heat or cold are able to carry out work without risk to health and safety;

(g)work in relation to or near essential services does not give rise to a risk to the health and safety of persons at the workplace.

Maximum penalty—60 penalty units.

41Duty to provide and maintain adequate and accessible facilities

(1)A person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, the provision of adequate facilities for workers, including toilets, drinking water, washing facilities and eating facilities.

Maximum penalty—60 penalty units.

(2)The person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, that the facilities provided under subsection (1) are maintained so as to be—

(a)in good working order; and

(b)clean, safe and accessible.

Maximum penalty—60 penalty units.

(3)For this section, a person conducting a business or undertaking must have regard to all relevant matters including—

(a)the nature of the work being carried out at the workplace; and

(b)the nature of the hazards at the workplace; and

(c)the size, location and nature of the workplace; and

(d)the number and composition of the workers at the workplace.

42Duty to provide first aid

(1)A person conducting a business or undertaking at a workplace must ensure—

(a)the provision of first aid equipment for the workplace; and

(b)that each worker at the workplace has access to the equipment; and

(c)access to facilities for the administration of first aid.

Maximum penalty—60 penalty units.

(2)A person conducting a business or undertaking at a workplace must ensure that—

(a)an adequate number of workers are trained to administer first aid at the workplace; or

(b)workers have access to an adequate number of other persons who have been trained to administer first aid.

Maximum penalty—60 penalty units.

(3)For this section, the person conducting the business or undertaking must have regard to all relevant matters including—

(a)the nature of the work being carried out at the workplace; and

(b)the nature of the hazards at the workplace; and

(c)the size and location of the workplace; and

(d)the number and composition of the workers and other persons at the workplace.

43Duty to prepare, maintain and implement emergency plan

(1)A person conducting a business or undertaking at a workplace must ensure that an emergency plan is prepared for the workplace, that provides for the following—

(a)emergency procedures, including—

(i)an effective response to an emergency; and

(ii)evacuation procedures; and

(iii)notifying emergency service organisations at the earliest opportunity; and

(iv)medical treatment and assistance; and

(v)effective communication between the person authorised by the person conducting the business or undertaking to coordinate the emergency response and all persons at the workplace;

(b)testing of the emergency procedures, including the frequency of testing;

(c)information, training and instruction to relevant workers in relation to implementing the emergency procedures.

Maximum penalty—60 penalty units.

(2)A person conducting a business or undertaking at a workplace must maintain the emergency plan for the workplace so that it remains effective.

Maximum penalty—60 penalty units.

(3)For subsections (1) and (2), the person conducting the business or undertaking must have regard to all relevant matters including—

(a)the nature of the work being carried out at the workplace; and

(b)the nature of the hazards at the workplace; and

(c)the size and location of the workplace; and

(d)the number and composition of the workers and other persons at the workplace.

(4)A person conducting a business or undertaking at a workplace must implement the emergency plan for the workplace in the event of an emergency.

Maximum penalty—60 penalty units.

s 43 amd 2013 SL No. 222 s 67 sch 1

44Provision to workers and use of personal protective equipment

(1)This section applies if personal protective equipment is to be used to minimise a risk to health and safety in relation to work at a workplace under section 36.

(2)The person conducting a business or undertaking who directs the carrying out of work must provide the personal protective equipment to workers at the workplace, unless the personal protective equipment has been provided by another person conducting a business or undertaking.

Maximum penalty—60 penalty units.

Example—

equipment that has been provided by a labour hire company

(3)The person conducting the business or undertaking who directs the carrying out of work must ensure that personal protective equipment provided under subsection (2) is—

(a)selected to minimise risk to health and safety, including by ensuring that the equipment is—

(i)suitable having regard to the nature of the work and any hazard associated with the work; and

(ii)a suitable size and fit and reasonably comfortable for the worker who is to use or wear it; and

(b)maintained, repaired or replaced so that it continues to minimise risk to the worker who uses it, including by ensuring that the equipment is—

(i)clean and hygienic; and

(ii)in good working order; and

(c)used or worn by the worker, so far as is reasonably practicable.

(4)The person conducting a business or undertaking who directs the carrying out of work must provide the worker with information, training and instruction in the—

(a)proper use and wearing of personal protective equipment; and

(b)the storage and maintenance of personal protective equipment.

Maximum penalty for subsection (4)—60 penalty units.

Note—

A person conducting a business or undertaking must not charge or impose a levy on a worker for the provision of personal protective equipment, see section 273 of the Act.

s 44 amd 2012 SL No. 203 s 4

45Personal protective equipment used by other persons

The person conducting a business or undertaking who directs the carrying out of work must ensure, so far as is reasonably practicable, that—

(a)personal protective equipment to be used or worn by any person other than a worker at the workplace is capable of minimising risk to the person’s health and safety; and

(b)the person uses or wears the equipment.

Maximum penalty—60 penalty units.

46Duties of worker

(1)This section applies if a person conducting a business or undertaking provides a worker with personal protective equipment.

(2)The worker must, so far as the worker is reasonably able, use or wear the equipment in accordance with any information, training or reasonable instruction by the person conducting the business or undertaking.

Maximum penalty—36 penalty units.

(3)The worker must not intentionally misuse or damage the equipment.

Maximum penalty—36 penalty units.

(4)The worker must inform the person conducting the business or undertaking of any damage to, defect in or need to clean or decontaminate any of the equipment of which the worker becomes aware.

Maximum penalty—36 penalty units.

47Duty of person other than worker

A person other than a worker must wear personal protective equipment at a workplace in accordance with any information, training or reasonable instruction provided by the person conducting the business or undertaking at the workplace.

Maximum penalty—36 penalty units.

48Remote or isolated work

(1)A person conducting a business or undertaking must manage risks to the health and safety of a worker associated with remote or isolated work under part 3.1.

Notes—

1WHS Act—section 19 (see section 9).

2For general risk management requirements, see part 3.1.

(2)In minimising risks to the health and safety of workers associated with remote or isolated work, a person conducting a business or undertaking must provide a system of work that includes effective communication with the worker.

Maximum penalty—60 penalty units.

(3)In this section—

assistance includes rescue, medical assistance and the attendance of emergency service workers.

remote or isolated work, in relation to a worker, means work that is isolated from the assistance of other persons because of location, time or the nature of the work.

49Ensuring exposure standards for substances etc. not exceeded

A person conducting a business or undertaking at a workplace must ensure that no person at the workplace is exposed to a substance or mixture in an airborne concentration that exceeds the exposure standard for the substance or mixture.

Maximum penalty—60 penalty units.

50Monitoring airborne contaminant levels

(1)A person conducting a business or undertaking at a workplace must ensure that air monitoring is carried out to determine the airborne concentration of a substance or mixture at the workplace to which an exposure standard applies if—

(a)the person is not certain on reasonable grounds whether or not the airborne concentration of the substance or mixture at the workplace exceeds the relevant exposure standard; or

(b)monitoring is necessary to determine whether there is a risk to health.

Maximum penalty—60 penalty units.

(2)A person conducting a business or undertaking at a workplace must ensure that the results of air monitoring carried out under subsection (1) are—

(a)recorded, and kept for 30 years after the date the record is made; and

(b)readily accessible to persons at the workplace who may be exposed to the substance or mixture.

Maximum penalty—

(a)for an individual—12¹/₂ penalty units; or

(b)for a body corporate—60 penalty units.

s 50 amd 2024 SL No. 15 s 2 sch 1

51Managing risks to health and safety

(1)A person conducting a business or undertaking at a workplace must manage risks to health and safety associated with a hazardous atmosphere at the workplace under part 3.1.

Notes—

1WHS Act—section 19 (see section 9).

2For general risk management requirements, see part 3.1.

(2)An atmosphere is a hazardous atmosphere if—

(a)the atmosphere does not have a safe oxygen level; or

(b)the concentration of oxygen in the atmosphere increases the fire risk; or

(c)the concentration of flammable gas, vapour, mist, or fumes exceeds 5% of the LEL for the gas, vapour, mist or fumes; or

(d)a hazardous chemical in the form of a combustible dust is present in a quantity and form that would result in a hazardous area.

52Ignition sources

(1)A person conducting a business or undertaking at a workplace must manage risks to health and safety associated with an ignition source in a hazardous atmosphere at the workplace under part 3.1.

Note—

WHS Act—section 19 (see section 9).

(2)This section does not apply if the ignition source is part of a deliberate process or activity at the workplace.

53Flammable and combustible material not to be accumulated

(1)A person conducting a business or undertaking at a workplace must ensure that, if flammable or combustible substances are kept at the workplace, the substances are kept at the lowest practicable quantity for the workplace.

Maximum penalty—60 penalty units.

(2)In this section—

flammable or combustible substances include—

(a)flammable and combustible liquids, including waste liquids, in containers, whether empty or full; and

(b)gas cylinders, whether empty or full.

54Management of risk of falling objects

A person conducting a business or undertaking at a workplace must manage risks to health and safety associated with an object falling on a person if the falling object is reasonably likely to injure the person.

Notes—

1WHS Act—section 19 (see section 9).

2For general risk management requirements, see part 3.1.

55Minimising risk associated with falling objects

(1)This section applies if it is not reasonably practicable to eliminate the risk mentioned in section 54.

(2)The person conducting the business or undertaking at a workplace must minimise the risk of an object falling on a person by providing adequate protection against the risk under this section.

Maximum penalty—60 penalty units.

(3)The person provides adequate protection against the risk if the person provides and maintains a safe system of work, including—

(a)preventing an object from falling freely, so far as is reasonably practicable; or

(b)if it is not reasonably practicable to prevent an object from falling freely—providing, so far as is reasonably practicable, a system to arrest the fall of a falling object.

Examples—

•providing a secure barrier

•providing a safe means of raising and lowering objects

•providing an exclusion zone persons are prohibited from entering

s 55 amd 2016 SL No. 229 s 19

ch 3 pt 3.2 div 11 hdg ins 2022 SL No. 141 s 4

ch 3 pt 3.2 div 11 sdiv 1 hdg ins 2024 SL No. 173 s 5

55AMeaning of psychosocial hazard

A psychosocial hazard is a hazard that—

(a)arises from, or relates to—

(i)the design or management of work; or

(ii)a work environment; or

(iii)plant at a workplace; or

(iv)workplace interactions or behaviours; and

(b)may cause psychological harm, whether or not the hazard may also cause physical harm.

s 55A ins 2022 SL No. 141 s 4

55BMeaning of psychosocial risk

A psychosocial risk is a risk to the health or safety of a worker or other person from a psychosocial hazard.

s 55B ins 2022 SL No. 141 s 4

55BA Meaning of sexual harassment and sex or gender-based harassment

(1)Sexual harassment is sexual harassment that would contravene—

(a)the Anti-Discrimination Act 1991; or

(b)the Sex Discrimination Act 1984 (Cwlth).

(2)Sex or gender-based harassment has the meaning given by the Industrial Relations Act 2016, schedule 5.

s 55BA ins 2024 SL No. 173 s 6

ch 3 pt 3.2 div 11 sdiv 2 hdg ins 2024 SL No. 173 s 7

55C Duty to manage psychosocial risks

(1)A person conducting a business or undertaking must manage psychosocial risks under part 3.1.

Notes—

1WHS Act—section 19 (see section 9).

2For general risk management requirements, see part 3.1.

(2)Without limiting subsection (1), the person conducting the business or undertaking must manage the risk to the health or safety of a worker, or other person, from either of the following at work—

(a)sexual harassment;

(b)sex or gender-based harassment.

s 55C ins 2022 SL No. 141 s 4

amd 2024 SL No. 173 s 8

55DDetermining control measures for psychosocial risks

(1)This section applies to a person conducting a business or undertaking who implements control measures to manage psychosocial risks under part 3.1.

Note—

If a psychosocial risk is or includes a risk of sexual harassment or sex or gender-based harassment, see also subdivision 3.

(2)In determining the control measures to implement, the person conducting the business or undertaking must have regard to all relevant matters, including—

(a)the duration, frequency or severity of the exposure of workers and other persons to psychosocial hazards; and

(b)how the psychosocial hazards may interact or combine; and

(c)the design of work, including job demands and tasks; and

(d)the systems of work, including how work is managed, organised and supported; and

(e)the design and layout, and environmental conditions, of the workplace, including the provision of—

(i)safe means of entering and exiting the workplace; and

(ii)facilities for the welfare of workers; and

(f)the design and layout, and environmental conditions, of workers’ accommodation; and

(g)the plant, substances and structures at the workplace; and

(h)workplace interactions or behaviours; and

(i)the information, training, instruction and supervision provided to workers.

(3)In this section—

worker’s accommodation means premises to which section 19(4) of the Act applies.

s 55D ins 2022 SL No. 141 s 4

amd 2024 SL No. 173 s 9

ch 3 pt 3.2 div 11 sdiv 3 hdg ins 2024 SL No. 173 s 10

55EApplication of subdivision

This subdivision applies to a person conducting a business or undertaking who implements control measures, under part 3.1, to manage a psychosocial risk that is or includes a risk of either of the following—

(a)sexual harassment;

(b)sex or gender-based harassment.

s 55E ins 2024 SL No. 173 s 10

55F Determining control measures

(1)In determining the control measures to implement, the person conducting the business or undertaking must have regard to all relevant matters in relation to the risk of sexual harassment or sex or gender-based harassment, including—

(a)matters relating to characteristics of the workers, such as the workers’—

(i)age; or

(ii)gender; or

(iii)sex; or

(iv)sexual orientation; or

(v)disability; and

Example for paragraph (a)—

At a particular workplace, a younger worker’s sex may be a relevant matter if the majority of other workers are all of a different sex and are a similar age to each other.

(b)matters relating to characteristics of the workplace or work environment, such as—

(i)a work environment that may give rise to a workplace culture, or system of work, in which unacceptable or inappropriate behaviour is, or may be, permitted; and

(ii)a lack of diversity in the workplace generally or in particular decision-making positions; and

(iii)other matters about the workplace or work environment that may affect a person’s behaviour in relation to a worker.

Examples for subparagraph (iii)—

•A workplace being a hotel may be a relevant matter if patrons at the hotel may be affected by drugs or alcohol.

•A worker’s status as a casual or part-time worker may be a relevant matter if other workers are permanent staff and have a supervisory role in relation to the worker.

(2)This section does not limit section 55D.

s 55F ins 2024 SL No. 173 s 10

55GReview of control measures

Without limiting section 38, the person conducting the business or undertaking must review and, as necessary, revise the control measures if a person reports sexual harassment or sex or gender-based harassment at work.

s 55G ins 2024 SL No. 173 s 10

56Meaning of exposure standard for noise

(1)In this regulation, exposure standard for noise, in relation to a person, means—

(a)L_Aeq,8h of 85 dB(A); or

(b)L_C,peak of 140 dB(C).

(2)For subsection (1)—

L_Aeq,8h means the eight-hour equivalent continuous A-weighted sound pressure level in decibels (dB(A)) referenced to 20 micropascals, determined in accordance with AS/NZS 1269.1:2005 (Occupational noise management—Measurement and assessment of noise immission and exposure).

L_C,peak means the C-weighted peak sound pressure level in decibels (dB(C)) referenced to 20 micropascals, determined in accordance with AS/NZS 1269.1:2005 (Occupational noise management—Measurement and assessment of noise immission and exposure).

s 56 amd 2012 SL No. 203 s 5

57Managing risk of hearing loss from noise

(1)A person conducting a business or undertaking at a workplace must manage, under part 3.1, risks to health and safety relating to hearing loss associated with noise.

Notes—

1WHS Act—section 19 (see section 9).

2For general risk management requirements, see part 3.1.

(2)A person conducting a business or undertaking at a workplace must ensure that the noise that a worker is exposed to at the workplace does not exceed the exposure standard for noise.

Maximum penalty—60 penalty units.

58Audiometric testing

(1)This section applies in relation to a worker who is required by the person conducting the business of undertaking to use personal protective equipment to protect the worker from the risk of hearing loss associated with noise that exceeds the exposure standard for noise.

(2)The person conducting the business or undertaking must provide audiometric testing for the worker—

(a)within 3 months of the worker commencing the work; and

(b)in any event, at least every 2 years.

Maximum penalty—60 penalty units.

(3)In this section—

audiometric testing means the testing and measurement of the hearing threshold levels of each ear of a person by means of pure tone air conduction threshold tests.

s 58 prev s 58 amd 2013 SL No. 222 s 7

om 2014 SL No. 60 s 19

pres s 58 ins 2024 SL No. 128 s 12

59Duties of designers, manufacturers, importers and suppliers of plant

(1)A designer of plant must ensure that the plant is designed so that its noise emission is as low as is reasonably practicable.

Maximum penalty—60 penalty units.

(2)A designer of plant must give to each person who is provided with the design for the purpose of giving effect to it adequate information about—

(a)the noise emission values of the plant; and

(b)the operating conditions of the plant when noise emission is to be measured; and

(c)the methods the designer has used to measure the noise emission of the plant.

Maximum penalty—60 penalty units.

(3)A manufacturer of plant must ensure that the plant is manufactured so that its noise emission is as low as is reasonably practicable.

Maximum penalty—60 penalty units.

(4)A manufacturer of plant must give to each person to whom the manufacturer provides the plant adequate information about—

(a)the noise emission values of the plant; and

(b)the operating conditions of the plant when noise emission is to be measured; and

(c)the methods the manufacturer has used to measure the noise emission of the plant.

Maximum penalty—60 penalty units.

(5)An importer of plant must take all reasonable steps to—

(a)obtain the information the manufacturer is required to give an importer under subsection (4); and

(b)give that information to any person to whom the importer supplies the plant.

Maximum penalty—60 penalty units.

(6)A supplier of plant must take all reasonable steps to—

(a)obtain the information the designer, manufacturer or importer is required to give a supplier under subsection (3), (4) or (5); and

(b)give that information to any person to whom the supplier supplies the plant.

Maximum penalty—60 penalty units.

60Managing risks to health and safety

(1)A person conducting a business or undertaking must manage risks to health and safety relating to a musculoskeletal disorder associated with a hazardous manual task, under part 3.1.

Note—

WHS Act—section 19 (see section 9).

(2)In determining what control measures to implement under subsection (1), the person conducting the business or undertaking must have regard to all relevant matters that may contribute to a musculoskeletal disorder, including—

(a)postures, movements, forces and vibration relating to the hazardous manual task; and

(b)the duration and frequency of the hazardous manual task; and

(c)workplace environmental conditions that may affect the hazardous manual task or the worker performing it; and

(d)the design of the work area; and

(e)the layout of the workplace; and

(f)the systems of work used; and

(g)the nature, size, weight or number of persons, animals or things involved in carrying out the hazardous manual task.

61Duties of designers, manufacturers, importers and suppliers of plant or structures

(1)A designer of plant or a structure must ensure that the plant or structure is designed so as to eliminate the need for any hazardous manual task to be carried out in connection with the plant or structure.

Maximum penalty—60 penalty units.

(2)If it is not reasonably practicable to comply with subsection (1), the designer must ensure that the plant or structure is designed so that the need for any hazardous manual task to be carried out in connection with the plant or structure is minimised so far as is reasonably practicable.

Maximum penalty—60 penalty units.

(3)The designer must give to each person who is provided with the design for the purpose of giving effect to it adequate information about the features of the plant or structure that eliminate or minimise the need for any hazardous manual task to be carried out in connection with the plant or structure.

Maximum penalty—60 penalty units.

(4)A manufacturer of plant or a structure must ensure that the plant or structure is manufactured so as to eliminate the need for any hazardous manual task to be carried out in connection with the plant or structure.

Maximum penalty—60 penalty units.

(5)If it is not reasonably practicable to comply with subsection (4), the manufacturer must ensure that the plant or structure is manufactured so that the need for any hazardous manual task to be carried out in connection with the plant or structure is minimised so far as is reasonably practicable.

Maximum penalty—60 penalty units.

(6)The manufacturer must give to each person to whom the manufacturer provides the plant or structure adequate information about the features of the plant or structure that eliminate or minimise the need for any hazardous manual task to be carried out in connection with the plant or structure.

Maximum penalty—60 penalty units.

(7)An importer of plant or a structure must take all reasonable steps to—

(a)obtain the information the designer or manufacturer is required to give under subsection (3) or (6); and

(b)give that information to any person to whom the importer supplies the plant.

Maximum penalty—60 penalty units.

(8)A supplier of plant or a structure must take all reasonable steps to—

(a)obtain the information the designer, manufacturer or importer is required to give under subsection (3), (6) or (7); and

(b)give that information to any person to whom the supplier supplies the plant.

Maximum penalty—60 penalty units.

62Confined spaces to which this part applies

(1)This part applies to confined spaces that—

(a)are entered by any person; or

(b)are intended or likely to be entered by any person; or

(c)could be entered inadvertently by any person.

(2)In this part, a reference to a confined space in relation to a person conducting a business or undertaking is a reference to a confined space that is under the person’s management or control.

63Application to emergency service workers

Sections 67 and 68 do not apply to the entry into a confined space by an emergency service worker if, at the direction of the emergency service organisation, the worker is—

(a)rescuing a person from the space; or

(b)providing first aid to a person in the space.

64Duty to eliminate or minimise risk

(1)This section applies in relation to plant or a structure that includes a space that is, or is intended to be, a confined space.

(2)A designer, manufacturer, importer or supplier of the plant or structure, and a person who installs or constructs the plant or structure, must ensure that—

(a)the need for any person to enter the space and the risk of a person inadvertently entering the space are eliminated, so far as is reasonably practicable; or

(b)if it is not reasonably practicable to eliminate the need to enter the space or the risk of a person inadvertently entering the space—

(i)the need or risk is minimised so far as is reasonably practicable; and

(ii)the space is designed with a safe means of entry and exit; and

(iii)the risk to the health and safety of any person who enters the space is eliminated so far as is reasonably practicable or, if it is not reasonably practicable to eliminate the risk, the risk is minimised so far as is reasonably practicable.

Note—

WHS Act—section 22, 23, 24, 25 or 26 as applicable (see section 9).

65Entry into confined space must comply with this division

A person conducting a business or undertaking must ensure, so far as is reasonably practicable, that a worker does not enter a confined space before this division has been complied with in relation to that space.

Maximum penalty—60 penalty units.

66Managing risks to health and safety

(1)A person conducting a business or undertaking must, under part 3.1, manage risks to health and safety associated with a confined space at a workplace including risks associated with entering, working in, on or in the vicinity of the confined space (including a risk of a person inadvertently entering the confined space).

Notes—

1WHS Act—section 19 (see section 9).

2For general risk management requirements, see part 3.1.

(2)A person conducting a business or undertaking must ensure that a risk assessment is conducted by a competent person for the purpose of subsection (1).

Maximum penalty—36 penalty units.

(3)The person must ensure that the risk assessment conducted under subsection (2) is recorded in writing.

Maximum penalty—

(a)for an individual—12¹/₂ penalty units; or

(b)for a body corporate—60 penalty units.

(4)For subsections (1) and (2), the person conducting a business or undertaking must have regard to all relevant matters, including—

(a)whether the work can be carried out without the need to enter the confined space; and

(b)the nature of the confined space; and

(c)if the hazard is associated with the concentration of oxygen or the concentration of airborne contaminants in the confined space—any change that may occur in that concentration; and

(d)the work required to be carried out in the confined space, the range of methods by which the work can be carried out and the proposed method of working; and

(e)the type of emergency procedures, including rescue procedures, required.

(5)The person conducting a business or undertaking must ensure that a risk assessment under this section is reviewed and as necessary revised by a competent person to reflect any review and revision of control measures under part 3.1.

Maximum penalty for subsection (5)—36 penalty units.

s 66 amd 2024 SL No. 15 s 2 sch 1

67Confined space entry permit

(1)A person conducting a business or undertaking at a workplace must not direct a worker to enter a confined space to carry out work unless the person has issued a confined space entry permit for the work.

Maximum penalty—60 penalty units.

(2)A confined space entry permit must—

(a)be completed by a competent person; and

(b)be in writing; and

(c)state the following—

(i)the confined space to which the permit relates;

(ii)the names of persons permitted to enter the space;

(iii)the period of time during which the work in the space will be carried out;

(iv)measures to control risk associated with the proposed work in the space; and

(d)contain space for an acknowledgement that work in the confined space has been completed and that all persons have left the confined space.

(3)The control measures stated in a confined space permit must—

(a)be based on a risk assessment conducted under section 66; and

(b)include—

(i)control measures to be implemented for safe entry; and

(ii)details of the system of work provided under section 69.

(4)The person conducting a business or undertaking must ensure that, when the work for which the entry permit was issued is completed—

(a)all workers leave the confined space; and

(b)the acknowledgement mentioned in subsection (2)(d) is completed by the competent person.

Maximum penalty for subsection (4)—60 penalty units.

68Signage

(1)A person conducting a business or undertaking must ensure that signs that comply with subsection (2) are erected—

(a)immediately before work in a confined space commences and while the work is being carried out; and

(b)while work is being carried out in preparation for, and in the completion of, work in a confined space.

Maximum penalty—36 penalty units.

(2)The signs must—

(a)identify the confined space; and

(b)inform workers that they must not enter the space unless they have a confined space entry permit; and

(c)be clear and prominently located next to each entry to the space.

69Communication and safety monitoring

A person conducting a business or undertaking must ensure that a worker does not enter a confined space to carry out work unless the person provides a system of work that includes—

(a)continuous communication with the worker from outside the space; and

(b)monitoring of conditions within the space by a standby person who is in the vicinity of the space and, if practicable, observing the work being carried out.

Maximum penalty—60 penalty units.

70Specific control—connected plant and services

(1)A person conducting a business or undertaking must, so far as is reasonably practicable, eliminate any risk associated with work in a confined space in either of the following circumstances—

(a)the introduction of any substance or condition into the space from or by any plant or services connected to the space;

(b)the activation or energising in any way of any plant or services connected to the space.

Maximum penalty—36 penalty units.

(2)If it is not reasonably practicable for the person to eliminate risk under subsection (1), the person must minimise that risk so far as is reasonably practicable.

Maximum penalty—36 penalty units.

71Specific control—atmosphere

(1)A person conducting a business or undertaking must ensure, in relation to work in a confined space, that—

(a)purging or ventilation of any contaminant in the atmosphere of the space is carried out, so far as is reasonably practicable; and

(b)pure oxygen or gas mixtures with oxygen in a concentration exceeding 21% by volume are not used for purging or ventilation of any airborne contaminant in the space.

Maximum penalty—60 penalty units.

(2)The person must ensure that, while work is being carried out in a confined space—

(a)the atmosphere of the space has a safe oxygen level; or

(b)if it is not reasonably practicable to comply with paragraph (a) and the atmosphere in the space has an oxygen level less than 19.5% by volume—any worker carrying out work in the space is provided with air supplied respiratory equipment.

Maximum penalty—60 penalty units.

(3)In this section—

purging means the method used to displace any contaminant from a confined space.

Notes—

1Section 44 applies to the use of personal protective equipment, including the equipment provided under subsection (2).

2Section 50 also applies to airborne contaminants.

s 71 amd 2012 SL No. 203 s 6

72Specific control—flammable gases and vapours

(1)A person conducting a business or undertaking must ensure, so far as is reasonably practicable, that while work is being carried out in a confined space, the concentration of any flammable gas, vapour or mist in the atmosphere of the space is less than 5% of its LEL.

Maximum penalty—60 penalty units.

(2)If it is not reasonably practicable to limit the atmospheric concentration of a flammable gas, vapour or mist in a confined space to less than 5% of its LEL and the atmospheric concentration of the flammable gas, vapour or mist in the space is—

(a)equal to or greater than 5% but less than 10% of its LEL—the person must ensure that any worker is immediately removed from the space unless a suitably calibrated, continuous-monitoring flammable gas detector is used in the space; or

(b)equal to or greater than 10% of its LEL—the person must ensure that any worker is immediately removed from the space.

Maximum penalty—60 penalty units.

73Specific control—fire and explosion

A person conducting a business or undertaking must ensure that an ignition source is not introduced into a confined space (from outside or within the space) if there is a possibility of the ignition source causing a fire or explosion in the space.

Maximum penalty—60 penalty units.

74Emergency procedures

(1)A person conducting a business or undertaking must—

(a)establish first aid procedures and rescue procedures to be followed in the event of an emergency in a confined space; and

(b)ensure that the procedures are practised as necessary to ensure that they are efficient and effective.

Maximum penalty—60 penalty units.

(2)The person must ensure that first aid and rescue procedures are initiated from outside the confined space as soon as practicable in an emergency.

Maximum penalty—60 penalty units.

(3)The person must ensure, in relation to any confined space, that—

(a)the entry and exit openings of the confined space are large enough to allow emergency access; and

(b)the entry and exit openings of the space are not obstructed; and

(c)plant, equipment and personal protective equipment provided for first aid or emergency rescue are maintained in good working order.

Maximum penalty—60 penalty units.

Note—

See part 3.2 for general provisions relating to first aid, personal protective equipment and emergency plans.

75Personal protective equipment in emergencies

(1)This section applies in relation to a worker who is to enter a confined space in order to carry out first aid or rescue procedures in an emergency.

(2)The person conducting the business or undertaking for which the worker is carrying out work must ensure that air supplied respiratory equipment is available for use by, and is provided to, the worker in an emergency in which—

(a)the atmosphere in the confined space does not have a safe oxygen level; or

(b)the atmosphere in the space has a harmful concentration of an airborne contaminant; or

(c)there is a serious risk of the atmosphere in the space becoming affected in the way mentioned in paragraph (a) or (b) while the worker is in the space.

Maximum penalty—60 penalty units.

(3)The person conducting the business or undertaking for which the worker is carrying out work must ensure that suitable personal protective equipment is available for use by, and is provided to, the worker in an emergency in which—

(a)an engulfment has occurred inside the confined space; or

(b)there is a serious risk of an engulfment occurring while the worker is in the space.

Maximum penalty—60 penalty units.

Note—

Section 44 applies to the use of personal protective equipment, including the equipment provided under this section.

s 75 amd 2012 SL No. 203 s 7

76Information, training and instruction for workers

(1)A person conducting a business or undertaking must ensure that relevant workers are provided with suitable and adequate information, training and instruction in relation to the following—

(a)the nature of all hazards relating to a confined space;

(b)the need for, and the appropriate use of, control measures to control risks to health and safety associated with those hazards;

(c)the selection, fit, use, wearing, testing, storage and maintenance of any personal protective equipment;

(d)the contents of any confined space entry permit that may be issued in relation to work carried out by the worker in a confined space;

(e)emergency procedures.

Maximum penalty—60 penalty units.

(2)The person must ensure that a record of all training provided to a worker under this section is kept for 2 years.

Maximum penalty—

(a)for an individual—12¹/₂ penalty units; or

(b)for a body corporate—60 penalty units.

(3)In this section—

relevant worker means—

(a)a worker who, in carrying out work for the business or undertaking, could—

(i)enter or work in a confined space; or

(ii)carry out any function in relation to work in a confined space or the emergency procedures established under section 74, but who is not required to enter the space; or

(b)any person supervising a worker mentioned in paragraph (a).

s 76 amd 2024 SL No. 15 s 2 sch 1

77Confined space entry permit and risk assessment must be kept

(1)This section applies if a person conducting a business or undertaking—

(a)prepares a risk assessment under section 66; or

(b)issues a confined space entry permit under section 67.

(2)Subject to subsection (3), the person must keep—

(a)a copy of the risk assessment until at least 28 days after the work to which it relates is completed; and

(b)a copy of the confined space entry permit at least until the work to which it relates is completed.

Maximum penalty—

(a)for an individual—12¹/₂ penalty units; or

(b)for a body corporate—60 penalty units.

(3)If a notifiable incident occurs in connection with the work to which the assessment or permit relates, the person must keep the copy of the assessment or permit (as applicable) for at least 2 years after the incident occurs.

Maximum penalty—

(a)for an individual—12¹/₂ penalty units; or

(b)for a body corporate—60 penalty units.

(4)The person must ensure that, for the period for which the assessment or permit must be kept under this section, a copy is available for inspection under the Act.

Maximum penalty—

(a)for an individual—12¹/₂ penalty units; or

(b)for a body corporate—60 penalty units.

(5)The person must ensure that, for the period for which the assessment or permit must be kept under this section, a copy is available to any relevant worker on request.

Maximum penalty—36 penalty units.

s 77 amd 2024 SL No. 15 s 2 sch 1

78Management of risk of fall

(1)A person conducting a business or undertaking at a workplace must, under part 3.1, manage risks to health and safety associated with a fall by a person from one level to another that is reasonably likely to cause injury to the person or any other person.

Notes—

1WHS Act—section 19 (see section 9).

2For general risk management requirements, see part 3.1.

(2)Subsection (1) includes the risk of a fall—

(a)in or on an elevated workplace from which a person could fall; or

(b)in the vicinity of an opening through which a person could fall; or

(c)in the vicinity of an edge over which a person could fall; or

(d)on a surface through which a person could fall; or

(e)in any other place from which a person could fall.

(3)A person conducting a business or undertaking must ensure, so far as is reasonably practicable, that any work that involves the risk of a fall to which subsection (1) applies is carried out on the ground or on a solid construction.

Maximum penalty—60 penalty units.

(4)A person conducting a business or undertaking must provide safe means of access to and exit from—

(a)the workplace; and

(b)any area within the workplace mentioned in subsection (2).

Maximum penalty—60 penalty units.

(5)In this section—

solid construction means an area that has—

(a)a surface that is structurally capable of supporting all persons and things that may be located or placed on it; and

(b)barriers around its perimeter and any openings to prevent a fall; and

(c)an even and readily negotiable surface and gradient; and

(d)a safe means of entry and exit.

79Specific requirements to minimise risk of fall

(1)This section applies if it is not reasonably practicable for the person conducting a business or undertaking at a workplace to eliminate the risk of a fall to which section 78 applies.

(2)The person conducting the business or undertaking at a workplace must minimise the risk of a fall by providing adequate protection against the risk under this section.

Maximum penalty—60 penalty units.

(3)The person provides adequate protection against the risk if the person provides and maintains a safe system of work, including by—

(a)providing a fall prevention device if it is reasonably practicable to do so; or

(b)if it is not reasonably practicable to provide a fall prevention device, providing a work positioning system; or

(c)if it is not reasonably practicable to comply with either paragraph (a) or (b), providing a fall arrest system, so far as is reasonably practicable.

Examples of a safe system of work could include—

•providing temporary work platforms

•providing training in relation to the risks involved in working at the workplace

•providing safe work procedures, safe sequencing of work, safe use of ladders, permit systems and appropriate signs

Note—

A combination of the controls set out in this subsection may be used to minimise a risk, so far as is practicable, if a single control is not sufficient for the purpose.

(4)This section does not apply in relation to the following work—

(a)the performance of stunt work;

(b)the performance of acrobatics;

(c)a theatrical performance;

(d)a sporting or athletic activity;

(e)horse riding.

Note—

Section 35 applies to the management of risk in relation to this work.

(5)In this section—

fall prevention device includes—

(a)a secure fence; and

(b)edge protection; and

(c)working platforms; and

(d)covers.

Note—

See schedule 19 for definitions of fall arrest system and work positioning system.

s 79 amd 2012 SL No. 203 s 8

80Emergency and rescue procedures

(1)This section applies if a person conducting a business or undertaking implements a fall arrest system as a measure to control risk.

(2)Without limiting section 79, the person must establish emergency procedures, including rescue procedures, in relation to the use of the system.

Maximum penalty—60 penalty units.

(3)The person must ensure that the emergency procedures are tested so that they are effective.

Maximum penalty—60 penalty units.

(4)The person must provide relevant workers with suitable and adequate information, training and instruction in relation to the emergency procedures.

Maximum penalty—60 penalty units.

(5)In this section—

relevant worker means—

(a)a worker who, in carrying out work in the business or undertaking, uses or is to use a fall arrest system; and

(b)a worker who may be involved in initiating or implementing the emergency procedures.

81Licence required to carry out high risk work

A person must not carry out a class of high risk work unless the person holds a high risk work licence for that class of high risk work, except as provided in section 82.

Notes—

1See section 43 of the Act.

2Schedule 3 sets out the high risk licences and classes of high risk work that are within the scope of each licence. Schedule 4 sets out the qualifications required for a high risk work licence.

82Exceptions

(1)A person who carries out high risk work is not required to be licensed if the work is carried out—

(a)in the course of training towards a certification in order to be licensed to carry out the high risk work; and

(b)under the supervision of a person who is licensed to carry out the high risk work.

(1A)A person who holds a certification for a specified VET course for high risk work is not required to be licensed to carry out the work—

(a)during the period of 60 days starting on the issue of the certification; and

(b)if, within that 60-day period, the person applies for the relevant high risk work licence for the work, until—

(i)the grant of the licence; or

(ii)the expiry of a period of 28 days starting on the day the person is given written notice under section 91(2)(c) for the application.

(1B)A person who carries out high risk work is not required to be licensed to carry out the work if the work is carried out while an accredited assessor is conducting an assessment of the person’s competency in relation to the work.

(2)A person who carries out high risk work involving plant is not required to be licensed if—

(a)the work is carried out at a workplace solely for the purpose of the manufacture, testing, trialling, installation, commissioning, maintenance, servicing, repair, alteration, demolition or disposal of the plant at that workplace or moving the plant within the workplace; and

(b)the plant is operated or used without a load except when standard weight loads with predetermined fixing points are used for calibration of the plant.

(3)For subsection (2)(a), moving includes operating plant in order to load it on to, or unload it from, a vehicle or equipment used to move it.

(4)A person who carries out high risk work with a crane or hoist is not required to be licensed as a crane operator if—

(a)the work is limited to setting up or dismantling the crane or hoist; and

(b)the person carrying out the work holds a licence in relation to rigging, which qualifies the person to carry out the work.

Note—

See schedule 3 for the classes of crane operator licence.

(5)A person who carries out high risk work with a heritage boiler is not required to be licensed as a boiler operator.

(6)Subsection (7) applies if, immediately before the repeal of the repealed WHS regulation, a person held an earthmoving or particular crane work certificate to perform work as an operator of a bridge and gantry crane (remote control only) under the repealed WHS regulation.

(7)The person is not required to have a high risk work licence to carry out licence class dogging if—

(a)the person will operate a bridge crane or gantry crane that can perform 3 or fewer powered operations; and

(b)the load is being lifted by remote control; and

(c)the load being lifted is lifted within the view of the person.

(8)A person is not required to be licensed to carry out high risk work for the licence class advanced boiler operator if—

(a)the person holds a high risk work licence for the licence class standard boiler operation; and

(b)the person held a licence class intermediate boiler operator under the repealed WHS regulation immediately before the regulation was repealed; and

(c)the person does not operate a boiler that has multiple fuel sources.

s 82 amd 2013 SL No. 222 s 8

83Recognition of high risk work licences in other jurisdictions

(1)In this subdivision, a reference to a high risk work licence includes a reference to an equivalent licence—

(a)that was issued under a corresponding WHS law; and

(b)that is being used in accordance with the terms and conditions under which it was granted.

(2)Subsection (1) does not apply to a licence that is suspended or cancelled or has expired in the corresponding jurisdiction.

84Duty of person conducting business or undertaking to ensure direct supervision

(1)A person conducting a business or undertaking must ensure that a person supervising the work of a person carrying out high risk work as required by section 82(1) provides direct supervision of the person except in the circumstances set out in subsection (2).

Maximum penalty—60 penalty units.

(2)Direct supervision of a person is not required if—

(a)the nature or circumstances of a particular task make direct supervision impracticable or unnecessary; and

(b)the reduced level of supervision will not place the health or safety of the supervised person or any other person at risk.

(3)In this section—

direct supervision of a person means the oversight by the supervising person of the work of that person for the purposes of—

(a)directing, demonstrating, monitoring and checking the person’s work in a way that is appropriate to the person’s level of competency; and

(b)ensuring a capacity to respond in an emergency situation.

s 84 amd 2013 SL No. 222 s 67 sch 1

85Evidence of licence—duty of person conducting business or undertaking

(1)A person conducting a business or undertaking at a workplace must not direct or allow a worker to carry out high risk work for which a high risk work licence is required unless the person sees written evidence provided by the worker that the worker has the relevant high risk work licence for that work.

Maximum penalty—36 penalty units.

(2)A person conducting a business or undertaking at a workplace must not direct or allow a worker to carry out high risk work under section 82(1) or (1A) unless the person sees written evidence provided by the worker that the worker—

(a)for work carried out under section 82(1)—is undertaking the course of training mentioned in section 82(1)(a); or

(b)for work carried out under section 82(1A)(a)—holds the certification mentioned in section 82(1A); or

(c)for work carried out under section 82(1A)(b)—has applied for the licence mentioned in that paragraph.

Maximum penalty—36 penalty units.

(3)A person conducting a business or undertaking at a workplace must not direct or allow a worker to supervise high risk work as mentioned in sections 82(1) and 84 unless the person sees written evidence that the worker holds the relevant high risk work licence for that high risk work.

Maximum penalty—36 penalty units.

(4)A person conducting a business or undertaking at a workplace must keep a record of the written evidence provided to the person—

(a)under subsection (1) or (2)—for at least 1 year after the high risk work is carried out;

(b)under subsection (3)—for at least 1 year after the last occasion on which the worker performs the supervision work.

Maximum penalty—

(a)for an individual—12¹/₂ penalty units; or

(b)for a body corporate—60 penalty units.

s 85 amd 2013 SL No. 222 s 9; 2024 SL No. 15 s 2 sch 1

86Who may apply for a licence

Only a person who holds a qualification set out in schedule 4 may apply for a high risk work licence.

87Application for high risk work licence

(1)An application for a high risk work licence must be made in the way and in the form approved by the regulator.

(2)The application must include the following information—

(a)the applicant’s name and residential address;

(b)evidence of the applicant’s identity;

(c)evidence of the applicant’s age;

(d)a photograph of the applicant in the form required by the regulator;

(e)the class of high risk work licence to which the application relates;

(f)a copy of a certification—

(i)that is held by the applicant in relation to the specified VET course, or each of the specified VET courses, for the high risk licence applied for; and

(ii)that was issued not more than 60 days before the application is made;

(g)a declaration that the applicant does not hold an equivalent licence granted by a corresponding regulator under a corresponding WHS law;

(h)a declaration as to whether or not the applicant has any relevant WHS conviction;

(i)details of any relevant WHS conviction declared under paragraph (h);

(j)a declaration as to whether or not the applicant has entered into an enforceable undertaking under a relevant WHS law;

(k)details of any enforceable undertaking declared under paragraph (j);

(l)if the applicant has previously been refused an equivalent licence under a relevant WHS law, a declaration giving details of that refusal;

(m)if the applicant has previously held an equivalent licence under a relevant WHS law, a declaration—

(i)describing any condition imposed on that licence; and

(ii)stating whether or not that licence had been suspended or cancelled and, if so, whether or not the applicant had been disqualified from applying for a similar licence; and

(iii)giving details of any suspension, cancellation or disqualification;

(n)a declaration that the information contained in the application is, to the best of the applicant’s knowledge, true and correct.

(3)The application must be accompanied by the relevant fee.

s 87 amd 2013 SL No. 222 s 67 sch 1

88Additional information

(1)If an application for a high risk work licence does not contain sufficient information to enable the regulator to make a decision whether or not to grant the licence, the regulator may ask the applicant to provide additional information.

(2)A request for additional information must—

(a)state the date (not being less than 28 days after the request) by which the additional information is to be given; and

(b)be confirmed in writing.

(3)If an applicant does not provide the additional information by the date stated, the application is to be taken to have been withdrawn.

(4)The regulator may make more than one request for additional information under this section.

89Decision on application

(1)Subject to subsection (3), the regulator must grant a high risk work licence if satisfied about the matters mentioned in subsection (2).

(2)The regulator must be satisfied about the following—

(a)the application has been made under this regulation;

(b)the applicant does not hold an equivalent licence under a corresponding WHS law unless that licence is due for renewal;

(c)the applicant—

(i)resides in Queensland; or

(ii)resides outside Queensland and circumstances exist that justify the grant of the licence;

(d)the applicant is at least 18 years of age;

(e)the applicant has provided the certification required under section 87(2)(f);

(f)the applicant is able to carry out the work to which the licence relates safely and competently;

(g)the applicant is able to comply with any conditions that will apply to the licence.

(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.

(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 section 88, the regulator is taken to have refused to grant the licence applied for.

Note—

A refusal to grant a high risk work licence (including under subsection (5)) is a reviewable decision, see section 676.

s 89 amd 2013 SL No. 222 s 10

90Matters to be taken into account

For section 89(2)(f), the regulator must have regard to any relevant matter, including the following—

(a)any relevant WHS conviction of the applicant;

(b)the cancellation or suspension of any equivalent licence held by the applicant, or any refusal to issue an equivalent licence to the applicant, under a relevant WHS law;

(c)any enforceable undertaking the applicant has entered into under a relevant WHS law;

(d)the applicant’s record in relation to any matters arising under a relevant WHS law.

91Refusal to grant high risk work licence—process

(1)If the regulator proposes to refuse to grant a licence, the regulator must provide a written notice to the applicant—

(a)informing the applicant of the reasons for the proposed refusal; and

(b)advising the applicant that the applicant may, by a stated date (being not less than 28 days after giving the notice), make a submission to the regulator in relation to the proposed refusal.

(2)After the date stated under subsection (1)(b), the regulator must—

(a)if the applicant has made a submission in relation to the proposed refusal to grant the licence—consider that submission; and

(b)whether or not the applicant has made a submission, decide whether to grant or refuse to grant the licence; and

(c)within 14 days after making that decision, give the applicant written notice of the decision, including the reasons for the decision.

Note—

A decision to refuse to grant a licence is a reviewable decision, see sections 89 and 676.

91AConditions of licence

(1)The regulator may impose conditions on a high risk work licence when granting the licence.

(2)Without limiting subsection (1), the regulator may impose conditions in relation to any of the following matters—

(a)control measures that must be implemented in relation to the carrying out of work or activities under the licence;

(b)the circumstances in which work or activities authorised by the licence may be carried out.

(3)The regulator must give the licence holder written notice of any conditions imposed on the licence.

Notes—

1A person must comply with the conditions of a licence, see section 45 of the Act.

2A decision to impose a condition on a licence is a reviewable decision, see section 676.

s 91A ins 2013 SL No. 222 s 11

92Duration of licence

Subject to this part, a high risk work licence takes effect on the day it is granted and, unless cancelled earlier, expires 5 years after that day.

93Licence document

(1)If the regulator grants a high risk work licence, the regulator must issue to the applicant a licence document in the form approved by the regulator.

(2)The licence document must include—

(a)the name of the licence holder; and

(b)a photograph of the licence holder; and

(c)the date of birth of the licence holder; and

(d)a copy of the signature of the licence holder or provision for the inclusion of a copy signature; and

(e)the class of high risk work licence and a description of the work within the scope of the licence; and

(f)the date on which the licence was granted; and

(g)the expiry date of the licence.

(3)For subsection (2)(e), if the regulator grants more than one class of high risk work licence to a person, the licence document must contain a description of each class of licence and the work that is within the scope of each licence.

(4)If a licence holder holds more than one high risk work licence, the regulator may issue to the licence holder one licence document in relation to some or all those licences.

(5)Despite section 92, if a licence document is issued under subsection (4), the licences to which that licence document related expire on the date that the first of those licences expires.

94Licence document to be available

(1)A licence holder must keep the licence document available for inspection under the Act.

Maximum penalty—12¹/₂ penalty units.

(2)Subsection (1) does not apply if the licence document is not in the licence holder’s possession because—

(a)it has been returned to the regulator under section 97; or

(b)the licence holder has applied for, but has not received, a replacement licence document under section 98.

95Reassessment of competency of licence holder

The regulator may direct a licence holder to obtain a reassessment of the competency of the licence holder to carry out the high risk work covered by the licence if the regulator reasonably believes that the licence holder may not be competent to carry out that work.

Examples—

1The training or competency assessment of the licence holder did not meet the standard required to hold the licence.

2The regulator receives information that the licence holder has carried out high risk work incompetently.

96Notice of change of address

The licence holder of a high risk work licence must notify the regulator of a change of residential address, within 14 days of the change occurring.

Maximum penalty—12¹/₂ penalty units.

s 96 amd 2014 SL No. 60 s 20

97Licence holder to return licence

If a high risk work licence is amended, the licence holder must return the licence document to the regulator for amendment at the written request of the regulator and within the time stated in the request.

Maximum penalty—12¹/₂ penalty units.

98Replacement licence document

(1)A licence holder must notify the regulator as soon as practicable if the licence document is lost, stolen or destroyed.

Maximum penalty—12¹/₂ penalty units.

(2)If a licence document is lost, stolen or destroyed, the licence holder may apply to the regulator for a replacement document.

Note—

A licence holder is required to keep the licence document available for inspection, see section 94.

(3)The application must be made in the way and in the form approved by the regulator.

(4)The application must—

(a)include—

(i)a declaration describing the circumstances in which the original document was lost, stolen or destroyed; and

(ii)a declaration that the information contained in the application is, to the best of the applicant’s knowledge, true and correct; and

(b)be accompanied by the relevant fee.

(5)The regulator must issue a replacement licence document if satisfied that the original document was lost, stolen or destroyed.

(6)If the regulator refuses to issue a replacement licence document, it must give the licence holder written notice of this decision, including the reasons for the decision, within 14 days after making the decision.

Note—

A decision to refuse to replace a licence is a reviewable decision, see section 676.

s 98 amd 2014 SL No. 60 s 21; 2015 SL No. 169 s 5; 2024 SL No. 15 s 2 sch 1

99Voluntary surrender of licence

(1)A licence holder may voluntarily surrender the licence document to the regulator.

(2)The licence expires on the surrender of the licence document.

100Regulator may renew licence

The regulator may renew a high risk work licence on application by the licence holder.

101Application for renewal

(1)An application for renewal of a high risk work licence must be made in the way and in the form approved by the regulator.

(2)The application must include the following information—

(a)the name and residential address of the applicant;

(b)if required by the regulator, a photograph of the applicant in the form required by the regulator;

(c)any other evidence of the applicant’s identity required by the regulator;

(d)a declaration by the applicant that he or she has maintained his or her competency to carry out the high risk work;

(e)if the applicant was directed by the regulator to obtain a reassessment of competency under section 95, a declaration by the applicant that he or she has obtained the reassessment of competency.

(3)The application must be accompanied by the relevant fee.

(4)The application must be made before the expiry of the licence.

s 101 amd 2013 SL No. 222 s 12; 2016 SL No. 229 s 20

102Licence continues in force until application is decided

If a licence holder applies under section 101 for the renewal of a high risk work licence, the licence is taken to continue in force from the day it would, apart from this section, have expired until the licence holder is given notice of the decision on the application.

103Renewal of expired licence

(1)A person whose high risk work licence has expired may apply for a renewal of that licence—

(a)within 12 months after the expiry of the licence; or

(b)if the person satisfies the regulator that exceptional circumstances exist—within any longer period that the regulator allows.

(2)An application under subsection (1) must include a declaration that the information contained in the application is, to the best of the applicant’s knowledge, true and correct.

Note—

As the licence has expired, the applicant cannot carry out the work covered by the licence until the licence is renewed. An application made after a period mentioned in paragraph (a) or (b) would be an application for a new licence under section 87.

104Provisions relating to renewal of licence

(1)For this subdivision—

(a)section 88 applies as if a reference in that section to an application for a licence were a reference to an application to renew a licence; and

(b)sections 89 (except subsection (5)), 91A and 92 apply as if a reference in those sections to the grant of a licence were a reference to the renewal of a licence; and

(c)section 90 applies as if a reference in section 89 to the grant of a licence were a reference to the renewal of a licence; and

(d)section 91 applies as if a reference in that section to a refusal to grant a licence were a reference to a refusal to renew a licence.

(2)The regulator may renew a high risk work licence granted to a person under a corresponding WHS law unless that licence is renewed under that law.

Note—

A refusal to renew a high risk work licence is a reviewable decision, see section 676.

s 104 amd 2013 SL No. 222 s 13

105Status of licence during review

(1)This section applies if the regulator gives a licence holder written notice of its decision to refuse to renew the licence.

(2)If the licence holder does not apply for internal review of the decision, the licence continues to have effect until the last of the following events—

(a)the expiry of the licence;

(b)the end of the period for applying for an internal review.

(3)If the licence holder applies for an internal review of the decision, the licence continues to have effect until the earlier of the following events—

(a)the licence holder withdraws the application for review;

(b)the regulator makes a decision on the review.

(4)If the licence holder does not apply for an external review, the licence continues to have effect until the end of the time for applying for an external review.

(5)If the licence holder applies for an external review, the licence continues to have effect until the earlier of the following events—

(a)the licence holder withdraws the application for review; or

(b)QCAT makes a decision on the review.

(6)The licence continues to have effect under this section even if its expiry date passes.

106Suspension or cancellation of licence

(1)The regulator may suspend or cancel a high risk work licence if satisfied that—

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

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

(b)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; or

(c)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; or

(d)the licence holder has failed to obtain a reassessment of the holder’s competency directed under section 95.

(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 this regulation 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—

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 section 676.

(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 subsection (3) takes effect when the suspension of the licence ends.

Note—

A decision to vary a condition of a licence is a reviewable decision, see section 676.

s 106 amd 2013 SL No. 222 s 14

107Matters taken into account

(1)In making a decision under section 106, the regulator must have regard to—

(a)any submissions made by the licence holder under section 108; and

(b)any advice received from a corresponding regulator.

(2)For section 106(1)(a), (aa) and (b), the regulator must have regard to any relevant matter, including the following—

(a)any relevant WHS conviction of the licence holder;

(b)any suspension or cancellation of an equivalent licence held by the licence holder, or a refusal to issue an equivalent licence to the licence holder, under a relevant WHS law;

(c)any enforceable undertaking that has been entered into by the licence holder under a relevant WHS law;

(d)the licence holder’s record in relation to any matters arising under a relevant WHS law.

s 107 sub 2013 SL No. 222 s 15

108Notice to and submissions by licence holder

(1)Before suspending or cancelling a high risk work licence, the regulator must give the licence holder written notice of—

(a)the proposed suspension or cancellation; and

(b)any proposed disqualification; and

(c)any proposed variation of licence conditions.

(2)A notice under subsection (1) must—

(a)outline all relevant allegations, facts and circumstances known to the regulator; and

(b)advise the licence holder that the licence holder may, by a specified date that is not less than 28 days after the notice is given to the licence holder, make a submission to the regulator in relation to the proposed suspension or cancellation, any proposed disqualification, and any proposed variation of licence conditions.

s 108 sub 2013 SL No. 222 s 15

109Notice of decision

(1)The regulator must give the licence holder written notice of a decision under section 106 to cancel or suspend a high risk work licence within 14 days after making the decision.

(2)The notice must—

(a)state that the licence is to be suspended or cancelled; and

(b)if the licence is to be suspended, state—

(i)when the suspension begins and ends; and

(ii)the reasons for the suspension; and

(iii)whether the licence holder is required to undergo retraining before the suspension ends; and

(iv)whether or not the licence holder is disqualified from applying for a further licence during the period of suspension; and

(v)if licence conditions are to be varied—

(A)the variation; and

(B)that the variation will take effect when the suspension ends; and

(c)if the licence is to be cancelled, state—

(i)when the cancellation takes effect; and

(ii)the reasons for the cancellation; and

(iii)whether or not the licence holder is disqualified from applying for a further licence; and

(d)if the licence holder is to be disqualified from applying for a further licence, state—

(i)when the disqualification begins and ends; and

(ii)whether or not the disqualification ending is conditional upon the licence holder undergoing retraining or reassessment or taking any other action; and

(iii)the reasons for the disqualification; and

(iv)any class of high risk work licence or other licence under this regulation that the licence holder must not apply for during the period of suspension or disqualification; and

(e)state when the licence document must be returned to the regulator.

s 109 amd 2013 SL No. 222 s 16

110Immediate suspension

(1)The regulator may suspend a high risk work licence on a ground mentioned in section 106 without giving notice under section 108 if satisfied that—

(a)work carried out under the high risk work licence should cease because the work may involve an imminent serious risk to the health or safety of any person; or

(b)a corresponding regulator has suspended an equivalent licence held by the licence holder under this section as applying in the corresponding jurisdiction.

(2)If the regulator decides to suspend a licence under this section—

(a)the regulator must give the licence holder written notice of the suspension and the reasons for the suspension; and

(b)the suspension of the licence takes effect on the giving of the notice.

(3)The regulator must then give notice under section 108 within 14 days after giving the notice under subsection (2).

(4)If the regulator does not give notice under subsection (3), the suspension ends at the end of the 14 day period.

(5)If the regulator gives the notice under section 108, the licence remains suspended until the decision is made under section 106.

s 110 amd 2015 SL No. 169 s 6

111Licence holder to return licence document

A licence holder, on receiving a notice under section 109(2)(e), must return the licence document to the regulator in accordance with the notice.

Maximum penalty—12¹/₂ penalty units.

112Regulator to return licence document after suspension

When the period of suspension of a licence ends, the regulator must return the licence document to the licence holder within 14 days after the suspension ends.

113Accreditation required to assess competency for high risk work licence

A person who is not an accredited assessor must not—

(a)conduct a competency assessment; or

(b)issue a notice of satisfactory assessment; or

(c)in any other way hold himself or herself out to be an accredited assessor.

Note—

See section 43 of the Act.

114Accredited assessor must act in accordance with accreditation

(1)An accredited assessor must not conduct a competency assessment unless—

(a)the competency assessment relates to a class of high risk work for which the assessor is accredited; and

(b)the accredited assessor conducts the competency assessment for or on behalf of an RTO.

(2)An accredited assessor must not issue a notice of satisfactory assessment unless the competency assessment relates to a class of high risk work for which the assessor is accredited.

(3)An accredited assessor who conducts a competency assessment must do so in accordance with the conditions of accreditation imposed under section 121.

(4)An accredited assessor who issues a notice of satisfactory assessment must do so in accordance with the conditions of accreditation imposed under section 121.

(5)Subsections (1) to (4) do not apply if the regulator is the accredited assessor.

Note—

See section 43 of the Act.

115Regulator may accredit assessors

The regulator may, under this division, accredit persons to conduct assessments.

116Application for accreditation

(1)An application for accreditation must be made in the way and in the form approved by the regulator.

(2)The application must include the following information—

(a)the name and address of the applicant;

(b)evidence of the applicant’s identity;

(c)details of the class of high risk work to which the application relates;

(d)evidence that the applicant is qualified to conduct the type of competency assessment in relation to the class of high risk work to which the application relates;

(e)details of any current equivalent accreditation under a corresponding WHS law;

(f)a declaration as to whether or not the applicant has any relevant WHS conviction;

(g)details of any relevant WHS conviction declared under paragraph (f);

(h)a declaration as to whether or not the applicant has entered into an enforceable undertaking under a relevant WHS law;

(i)details of any enforceable undertaking declared under paragraph (h);

(j)if the applicant has previously been refused an equivalent accreditation under a relevant WHS law, a declaration giving details of that refusal;

(k)if the applicant has previously held an equivalent accreditation under a relevant WHS law, a declaration—

(i)describing any condition imposed on that accreditation; and

(ii)stating whether or not that accreditation had been suspended or cancelled and, if so, whether or not the applicant had been disqualified from applying for a similar accreditation; and

(iii)giving details of any suspension, cancellation or disqualification;

(l)a declaration that the information contained in the application is, to the best of the applicant’s knowledge, true and correct.

(3)The application must be accompanied by the relevant fee.

117Additional information

(1)If an application for accreditation does not contain sufficient information to enable the regulator to make a decision whether or not to grant the accreditation, the regulator may ask the applicant to provide additional information.

(2)A request for additional information must—

(a)state the date (being not less than 28 days after the request) by which the additional information is to be given; and

(b)be confirmed in writing.

(3)If an applicant does not provide the additional information by the date specified, the application is taken to have been withdrawn.

(4)The regulator may make more than one request for additional information under this section.

118Decision on application

(1)Subject to subsection (3), the regulator must grant an accreditation if satisfied about the matters mentioned in subsection (2).

(2)The regulator must be satisfied about the following—

(a)the applicant—

(i)is qualified to conduct the competency assessment to which the application relates; and

(ii)is able to conduct the competency assessment to which the application relates competently; and

(iii)is able to ensure compliance with any conditions that will apply to the accreditation; or

(b)the applicant holds a current equivalent accreditation under a corresponding WHS law.

(3)The regulator must refuse to grant an accreditation if satisfied that—

(a)the applicant is disqualified under a corresponding WHS law from holding an equivalent accreditation; 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.

(4)If the regulator decides to grant the accreditation, 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 section 117, the regulator is taken to have refused to grant the accreditation applied for.

(6)For subsection (2)(a)(i), an applicant is qualified to provide the competency assessment if—

(a)the applicant’s competencies, skills and knowledge are in accordance with the Standards for NVR Registered Training Organisations 2011 published by the Commonwealth; and

(b)the applicant holds a current high risk work licence for the class of high risk work to which the competency assessment relates.

Note—

A refusal to grant accreditation (including a refusal under subsection (5)) is a reviewable decision, see section 676.

119Matters to be taken into account

For section 118(2)(a)(ii) and (iii), the regulator may have regard to any relevant matter, including the following—

(a)any relevant WHS conviction of the applicant;

(b)the cancellation or suspension of any equivalent accreditation held by the applicant, or any refusal to issue an equivalent accreditation to the applicant, under a relevant WHS law;

(c)any enforceable undertaking the applicant has entered into under a relevant WHS law;

(d)the applicant’s record in relation to any matters arising under a relevant WHS law.

120Refusal to grant accreditation—process

(1)If the regulator proposes to refuse to grant an accreditation, the regulator must provide a written notice to the applicant—

(a)informing the applicant of the reasons for the proposed refusal; and

(b)advising the applicant that the applicant may by a stated date (being not less than 28 days after the notice is given), make a submission to the regulator in relation to the proposed refusal.

(2)After the date stated in a notice under subsection (1)(b), the regulator must—

(a)if the applicant has made a submission in relation to the proposed refusal to grant the accreditation—consider that submission; and

(b)whether or not the applicant has made a submission, decide whether to grant or refuse to grant the accreditation; and

(c)within 14 days after making that decision, give the applicant written notice of the decision, including the reasons for the decision.

Notes—

A refusal to grant an accreditation is a reviewable decision, see section 676.

121Conditions of accreditation

(1)In granting an accreditation, the regulator may impose conditions on the accreditation.

(2)Without limiting subsection (1), the regulator may impose conditions—

(a)relating to the competency assessments and assessment activities that may be carried out; and

(b)relating to the circumstances in which competency assessments or assessment activities may be carried out; and

(c)requiring the accredited assessor to keep stated information; and

(d)requiring the accredited assessor to give stated information to the regulator.

Notes—

1A person must comply with the conditions of accreditation, see section 45 of the Act.

2A decision to impose a condition on an accreditation is a reviewable decision, see section 676.

122Duration of accreditation

An accreditation takes effect on the day it is granted and, unless cancelled earlier, expires 3 years after that day.

123Accreditation document

(1)If the regulator grants an accreditation, it must issue to the applicant an accreditation document in the form approved by the regulator.

(2)An accreditation document must include—

(a)the name of the accredited assessor; and

(b)the class of high risk work to which the accreditation relates; and

(c)any conditions imposed by the regulator under section 121; and

(d)the date on which the accreditation was granted; and

(e)the expiry date of the accreditation.

(3)If an assessor is accredited to conduct a competency assessment in relation to more than one class of high risk work, the regulator may issue to the accredited assessor one accreditation document in relation to some or all of those classes of high risk work.

(4)If 2 or more of the classes of high risk work mentioned in subsection (3) represent levels of the same type of work, it is sufficient if the accreditation document contains a description of the class of work that represents the highest level.

s 123 amd 2013 SL No. 222 s 17

124Accreditation document to be available

(1)An accredited assessor must keep the accreditation document available for inspection under the Act.

Maximum penalty—12¹/₂ penalty units.

(2)An accredited assessor must make the accreditation document available for inspection by any person in relation to whom the assessor is conducting, or is to conduct, a competency assessment.

Maximum penalty—12¹/₂ penalty units.

(3)Subsection (1) does not apply if the accreditation document is not in the accredited assessor’s possession because—

(a)it has been returned to the regulator under section 126; or

(b)the accreditation assessor has applied for, but has not received, a replacement accreditation document under section 127.

125Changes to information

(1)An accredited assessor must give the regulator written notice of any change to any material particular in any information given at any time by the assessor to the regulator in relation to the accreditation within 14 days after the assessor becomes aware of the change.

Maximum penalty—12¹/₂ penalty units.

(2)Subsection (1) applies whether the information was given in the application for grant or renewal of the accreditation or in any other circumstance.

126Accredited assessor to return accreditation document

If an accreditation is amended, the accredited assessor must return the accreditation document to the regulator for amendment at the written request of the regulator and within the time specified in the request.

Maximum penalty—12¹/₂ penalty units.

127Replacement accreditation document

(1)An accredited assessor must notify the regulator as soon as practicable if the accreditation document is lost, stolen or destroyed.

Maximum penalty—12¹/₂ penalty units.

(2)If an accreditation document is lost, stolen or destroyed an accredited assessor may apply to the regulator for a replacement accreditation document.

Note—

An accreditation holder is required to keep the accreditation document available for inspection, see section 124.

(3)The application must be made in the way and in the form approved by the regulator.

(4)The application must—

(a)include—

(i)a declaration describing the circumstances in which the original document was lost, stolen or destroyed; and

(ii)a declaration that the information contained in the application is, to the best of the applicant’s knowledge, true and correct; and

(b)be accompanied by the relevant fee.

(5)The regulator must issue a replacement accreditation document if satisfied that the original document was lost, stolen or destroyed.

(6)If the regulator refuses to issue a replacement accreditation document, it must give the accredited assessor written notice of this decision, including the reasons for the decision, within 14 days after making the decision.

Note—

A refusal to issue a replacement accreditation document is a reviewable decision, see section 676.

s 127 amd 2014 SL No. 60 s 22; 2015 SL No. 169 s 7; 2024 SL No. 15 s 2 sch 1

128Voluntary surrender of accreditation

(1)An accredited assessor may voluntarily surrender the accreditation document to the regulator.

(2)The accreditation expires on the surrender of the accreditation document.

129Regulator may renew accreditation

The regulator may renew an accreditation on the application of the accredited assessor.

130Application for renewal

(1)An application for renewal of accreditation must be made in the way and in the form approved by the regulator.

(2)An application must—

(a)include the information mentioned in section 116(2); and

(b)be accompanied by the relevant fee.

(3)The application must be made before the expiry of the accreditation.

131Accreditation continues in force until application is decided

If an accredited assessor applies under section 130 for the renewal of accreditation, the accreditation is taken to continue in force from the day it would, apart from this section, have expired until the accredited assessor is given notice of the decision on the application.

132Provisions relating to application

For this division—

(a)section 117 applies as if a reference in that section to an application for accreditation were a reference to an application to renew an accreditation; and

(b)sections 118 (except subsection (5)), 121 and 122 apply as if a reference in those sections to the grant of an accreditation were a reference to the renewal of an accreditation; and

(c)section 119 applies as if a reference in section 118 to the grant of an accreditation were a reference to the renewal of an accreditation; and

(d)section 120 applies as if a reference in that section to a refusal to grant an accreditation were a reference to a refusal to renew an accreditation.

Note—

A refusal to renew an accreditation is a reviewable decision, see section 676.

s 132 amd 2013 SL No. 222 s 18

133Regulator may suspend or cancel accreditation

(1)The regulator may, under this division—

(a)suspend or cancel an accreditation; and

(b)if suspending an accreditation, vary the conditions of the accreditation, including by imposing different or additional conditions.

(2)If the regulator cancels an accreditation, the regulator may disqualify the accredited assessor from applying for a further accreditation for a specified period.

Note—

A decision under this section to suspend or cancel an accreditation, to vary the conditions of an accreditation or to disqualify an accredited assessor from applying for a further accreditation is a reviewable decision, see section 676.

s 133 amd 2013 SL No. 222 s 67 sch 1

134Suspension or cancellation of accreditation

(1)The regulator may suspend or cancel an accreditation if satisfied about one or more of the following—

(a)the accredited assessor is no longer qualified to conduct the competency assessment stated in the assessor’s accreditation document;

(b)the accredited assessor is not able to conduct the competency assessment to which the accreditation relates competently;

(c)the accredited assessor has failed to comply with a condition imposed on the accreditation under section 121;

(d)the accredited assessor, in the application for the grant or renewal of accreditation 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.

(2)In this section—

qualified has the same meaning in relation to an accredited assessor as it has in section 118 in relation to an applicant for accreditation.

135Notice to and submissions by accredited assessor

Before suspending or cancelling an accreditation, the regulator must—

(a)give the accredited assessor a written notice of the proposed suspension or cancellation and any proposed variation of conditions of accreditation or disqualification that outlines all relevant allegations, facts and circumstances known to the regulator; and

(b)give the accredited assessor not less than 28 days to make submissions to the regulator in relation to the proposed suspension or cancellation and any proposed variation of conditions or disqualification.

136Matters to be taken into account

(1)In making a decision under section 133, the regulator must have regard to—

(a)any submissions made by the accredited assessor under section 135; and

(b)any advice received from a corresponding regulator.

(2)For section 134(1)(b) and (c), the regulator may have regard to any relevant matter, including the following—

(a)any relevant WHS conviction of the accredited assessor;

(b)any suspension or cancellation of an equivalent accreditation held by the accredited assessor, or a refusal to issue an equivalent accreditation to the accredited assessor under relevant WHS law;

(c)any suspension of a high risk work licence held by the accredited assessor under a relevant WHS law;

(d)any enforceable undertaking the accredited assessor has entered into under a relevant WHS law;

(e)the accredited assessor’s record in relation to any matters arising under a relevant WHS law.

137Notice of decision

(1)The regulator must give the accredited assessor written notice of a decision under section 134 to cancel or suspend the accreditation within 14 days after making the decision.

(2)The notice must—

(a)state that the accreditation is to be suspended or cancelled; and

(b)if the accreditation is to be suspended, state—

(i)when the suspension begins and ends; and

(ii)the reasons for the suspension; and

(iii)whether or not the suspension ending is conditional upon the accredited assessor undergoing retraining or reassessment or taking any other action; and

(iv)whether any variation is to be made to the conditions of accreditation; and

(c)if the accreditation is to be cancelled, state—

(i)when the cancellation takes effect; and

(ii)the reasons for the cancellation; and

(iii)whether or not the accredited assessor is disqualified from applying for a further accreditation; and

(d)if the accredited assessor is to be disqualified from obtaining a further accreditation, state—

(i)when the disqualification begins and ends; and

(ii)the reasons for the disqualification; and

(iii)whether or not the disqualification ending is conditional upon the accredited assessor obtaining retraining or reassessment or taking any other action; and

(e)when the accreditation document must be returned to the regulator.

138Immediate suspension

(1)The regulator may suspend an accreditation on a ground mentioned in section 134 without giving notice under section 135 if satisfied that a person may be exposed to an imminent serious risk to his or her health or safety if the accreditation were not suspended.

(2)If the regulator decides to suspend an accreditation under this section—

(a)the regulator must give the accredited assessor written notice of the suspension and the reasons for the suspension; and

(b)the suspension takes effect on the giving of the notice.

(3)The regulator must then give the notice under section 135 within 14 days after giving the notice under subsection (2).

(4)If the regulator does not give notice under subsection (2), the suspension ends at the end of the 14 day period.

(5)If the regulator gives the notice under section 135, the accreditation remains suspended until the decision is made under section 134.

139Accredited assessor to return accreditation document

An accredited assessor, on receiving a notice under section 137, must return the accreditation document to the regulator in accordance with that notice.

Maximum penalty—12¹/₂ penalty units.

140Regulator to return accreditation document after suspension

The regulator must return the accreditation document to the accredited assessor within 14 days after the suspension ends.

141Subdivision and section number not used

See note to section 3.

ch 4 pt 4.5 div 3 hdg ins 2014 SL No. 60 s 23

141ARegulator may keep register

(1)The regulator may keep a register containing information about—

(a)high risk work licences; and

(b)accreditations under division 2 to conduct assessments.

(2)The regulator may include in the register information about high risk work licences or accreditations the regulator considers appropriate, including, for example, the following—

(a)the full name of the licence holder or accredited assessor;

(b)an identifying number for the licence or the accreditation;

(c)the class or classes of high risk work for which the licence is granted or to which the accreditation relates;

(d)the day the licence or accreditation expires;

(e)whether the licence or accreditation has been cancelled or suspended;

(f)the conditions or restrictions on the licence or accreditation.

(3)The regulator may—

(a)keep the register in a form the regulator considers appropriate to ensure the information in the register can be efficiently recorded and accessed; and

(b)publish the information, or part of it, contained in the register in the way the regulator considers appropriate including, for example, by publishing the information on the internet.

s 141A ins 2014 SL No. 60 s 23

142Notice of demolition work

(1)Subject to subsection (4), a person conducting a business or undertaking who proposes to carry out any of the following demolition work must ensure that written notice is given to the regulator under this section at least 5 days before the work commences—

(a)demolition of a structure, or a part of a structure that is load-bearing or otherwise related to the physical integrity of the structure, that is at least 6m in height;

(b)demolition work involving load-shifting machinery on a suspended floor;

(c)demolition work involving explosives.

Maximum penalty—

(a)for an individual—12¹/₂ penalty units; or

(b)for a body corporate—60 penalty units.

(2)The notice must be given in the way and in the form approved by the regulator.

(3)Subsection (4) applies to an emergency service organisation in relation to demolition work carried out by an emergency service worker who, at the direction of the emergency service organisation, is—

(a)rescuing a person; or

(b)providing first aid to a person.

(4)An emergency service organisation must give notice under subsection (1) as soon as practicable (whether before or after the work is carried out).

(5)In this section a reference to the height of a structure is a reference to the height of the structure measured from the lowest level of the ground immediately adjacent to the base of the structure at the point at which the height is to be measured to its highest point.

s 142 amd 2024 SL No. 15 s 2 sch 1

143Requirement to hold a licence to carry out demolition work

(1)A person conducting a business or undertaking that commissions demolition work to be carried out at a workplace must ensure that the demolition work is carried out in compliance with subsection (2).

Maximum penalty—40 penalty units.

(2)A person must not carry out demolition work at a workplace unless the person, or the person on whose behalf the work is carried out, holds a licence to carry out demolition work.

Maximum penalty—40 penalty units.

(3)A person who conducts a business or undertaking must not direct or allow a worker to carry out demolition work unless the person holds a licence to carry out demolition work.

Maximum penalty—40 penalty units.

144Nominated competent person must be present or readily available

(1)A person holding a licence to carry out demolition work must ensure that a person nominated to supervise the demolition work under section 144D is readily available to a worker carrying out demolition work whenever the work is being carried out.

Maximum penalty—60 penalty units.

(2)A person holding a licence to carry out demolition work must provide appropriate training to a worker carrying out demolition work at a workplace to ensure that the work is carried out safely and competently.

Maximum penalty—60 penalty units.

144ARecognition of licences to carry out demolition work issued in other jurisdictions

(1)In this division, a reference to a licence to carry out demolition work includes a reference to an equivalent licence—

(a)that was issued by a corresponding regulator under a corresponding WHS law; and

(b)that is being used in accordance with the terms and conditions under which it was granted.

(2)Subsection (1) does not apply to a licence that is suspended or cancelled or has expired in the corresponding jurisdiction.

144BWho may apply for a licence

Only a person who conducts, or proposes to conduct, a business or undertaking may apply for a licence to carry out demolition work.

144CApplication for licence to carry out demolition work

(1)An application for a licence to carry out demolition work must be made in the way and in the form approved by the regulator.

(2)The application must include the following information—

(a)the applicant’s name and address;

(b)evidence of the applicant’s identity;

(c)if required by the regulator of an applicant who is an individual, a recent photograph of the applicant;

(d)if the applicant conducts the business or undertaking under a business name—the business name and a certificate or other written evidence of the registration of the business name;

(e)a declaration that the applicant does not hold an equivalent licence under a corresponding WHS law;

(f)a declaration as to whether or not the applicant (and in the case of a body corporate, any officer of the body corporate) has any relevant WHS conviction;

(g)details of any relevant WHS conviction declared under paragraph (f);

(h)a declaration as to whether or not the applicant (and in the case of a body corporate, any officer of the body corporate) has any conviction for any offence against either of the following Acts in relation to the unlawful disposal of hazardous waste—

(i)the Environmental Protection Act 1994;

Note—

See sections 437 (Offences of causing serious environmental harm), 438 (Offences of causing material environmental harm) of that Act for examples of relevant provisions.

(ii)the Waste Reduction and Recycling Act 2011;

Note—

See sections 103 (General littering provision) and 104 (Illegal dumping of waste provision) of that Act for examples of relevant provisions.

(i)details of any conviction declared under paragraph (h);

(j)a declaration as to whether or not the applicant (and in the case of a body corporate, any officer of the body corporate) has entered into an enforceable undertaking under a relevant WHS law;

(k)details of any enforceable undertaking declared under paragraph (j);

(l)if the applicant (and in the case of a body corporate, any officer of the body corporate) has previously been refused a similar licence under a relevant WHS law, a declaration giving details of that refusal;

(m)if the applicant (and in the case of a body corporate, any officer of the body corporate) has previously held a similar licence under a relevant WHS law, a declaration—

(i)describing any condition imposed on that licence; and

(ii)stating whether or not that licence had been suspended or cancelled and, if so, whether or not the applicant (and in the case of a body corporate, any officer of the body corporate) had been disqualified from applying for a similar licence; and

(iii)giving details of any suspension, cancellation or disqualification;

(n)the additional information and evidence mentioned in section 144D;

(o)evidence that the applicant meets the approved criteria stated in Information Paper D1 (Approved criteria for a certificate to carry out demolition work) issued by the regulator;

(p)a declaration that the information contained in the application is, to the best of the applicant's knowledge, true and correct.

(3)The application must be accompanied by the relevant fee.

s 144C amd 2012 SL No. 203 s 9

144DContent of application

(1)For section 144C(2)(n), an application for a licence to carry out demolition work must include the following—

(a)the names of 1 or more competent persons who have been engaged by the applicant to supervise the demolition work to be authorised by the licence;

(b)evidence, as required by the regulator, that each named supervisor is at least 18 years of age;

(c)evidence that each named supervisor meets the requirements stated in Information Paper D2 (Requirements to supervise demolition work) issued by the regulator.

(2)If the applicant is an individual who proposes to supervise the demolition work, the information and evidence mentioned in subsection (1)(b) and (c) must relate to the applicant.

144EAdditional information

(1)If an application for a licence does not contain sufficient information to enable the regulator to make a decision whether or not to grant the licence, the regulator may ask the applicant to provide additional information.

(2)A request for additional information must—

(a)state the date (not being less than 28 days after the request) by which the additional information is to be given; and

(b)be confirmed in writing.

(3)If an applicant does not provide the additional information by the date stated, the application is to be taken to have been withdrawn.

(4)The regulator may make more than 1 request for additional information.

144FDecision on application

(1)Subject to subsection (3), the regulator must grant a licence to carry out demolition work if satisfied about—

(a)the matters mentioned in subsection (2); and

(b)the additional matters mentioned in section 144D.

(2)The regulator must be satisfied about the following—

(a)the application has been made as required under this regulation;

(b)the applicant does not hold an equivalent licence under a corresponding WHS law unless that licence is due for renewal;

(c)if the applicant is an individual, the applicant—

(i)resides in Queensland; or

(ii)resides outside Queensland and circumstances exist that justify the grant of the licence;

(d)if the applicant is a body corporate, the applicant’s registered office—

(i)is located in Queensland; or

(ii)is located outside Queensland and circumstances exist that justify the grant of the licence;

(e)the applicant will be able to ensure that the work or other activities to which the licence relates are carried out safely and competently;

(f)the applicant will be able to ensure compliance with any conditions that will apply to the licence.

(3)The regulator must refuse to grant a 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.

(4)If the regulator decides to grant the licence, the regulator 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 section 144E, the regulator is taken to have refused to grant the licence applied for.

Note—

A refusal to grant a licence (including under subsection (5)) is a reviewable decision, see section 676.

s 144F amd 2012 SL No. 203 s 10

144GRegulator to be satisfied about additional matters

For section 144F(1)(b), the regulator must be satisfied that each supervisor named by the applicant—

(a)is at least 18 years of age; and

(b)satisfies the requirements mentioned in section 144D(1)(c).

144HMatters to be taken into account

For section 144F(2)(e) and (f), the regulator must have regard to all relevant matters including the following—

(a)any relevant WHS conviction of the applicant (or in the case of a body corporate, any officer of the body corporate);

(b)any offence in relation to the unlawful disposal of hazardous waste against either of the following Acts for which the applicant (or in the case of a body corporate, any officer of the body corporate) has a conviction—

(i)the Environmental Protection Act 1994;

Note—

See sections 437 (Offences of causing serious environmental harm), 438 (Offences of causing material environmental harm) of that Act for examples of relevant provisions.

(ii)the Waste Reduction and Recycling Act 2011;

Note—

See sections 103 (General littering provision) and 104 (Illegal dumping of waste provision) of that Act for examples of relevant provisions.

(c)the cancellation or suspension of any equivalent licence held by the applicant (or in the case of a body corporate, any officer of the body corporate), or any refusal to grant an equivalent licence to the applicant (or officer), under a relevant WHS law;

(d)any enforceable undertaking the applicant (or in the case of a body corporate, any officer of the body corporate) has entered into under a relevant WHS law;

(e)the record of applicant (or in the case of a body corporate, any officer of the body corporate) in relation to any matters arising under a relevant WHS law.

s 144H amd 2012 SL No. 203 s 11

144IRefusal to grant licence—process

(1)If the regulator proposes to refuse to grant a licence, the regulator must provide a written notice to the applicant—

(a)informing the applicant of the reasons for the proposed refusal; and

(b)advising the applicant that the applicant may, by a stated date, being not less than 28 days after giving the notice, make a submission to the regulator in relation to the proposed refusal.

(2)After the date stated under subsection (1)(b), the regulator must—

(a)if the applicant has made a submission in relation to the proposed refusal to grant the licence—consider that submission; and

(b)whether or not the applicant has made a submission—decide whether to grant or refuse to grant the licence; and

(c)within 14 days after making the decision—give the applicant written notice of the decision, including the reasons for the decision.

Note—

A refusal to grant a licence is a reviewable decision, see section 676.

144JConditions of licence

(1)The regulator may impose conditions on a licence to carry out demolition work when granting the licence.

(2)Without limiting subsection (1), the regulator may impose conditions in relation to any of the following matters—

(a)control measures that must be implemented in relation to the carrying out of work or activities under the licence;

(b)the recording or keeping of information;

(c)requiring the licence holder to undertake training and instruction or obtain information;

(d)the provision of information to the regulator;

(e)the nature of work or activities authorised by the licence;

(f)the circumstances in which work or activities authorised by the licence may be carried out.

Notes—

1A person must comply with the conditions of a licence, see section 45 of the Act.

2A decision to impose a condition on a licence is a reviewable decision, see section 676.

144KDuration of licence

Subject to this part, a licence to carry out demolition work takes effect on the day it is granted and, unless cancelled earlier, expires 2 years after that day.

144LLicence document

(1)If the regulator grants a licence to carry out demolition work, the regulator must issue to the applicant a licence document in the form approved by the regulator.

(2)The licence document must include—

(a)the name of the licence holder; and

(b)if the licence holder conducts the business or undertaking under a business name—that business name; and

(c)a description of the work within the scope of the licence; and

(d)any licence conditions imposed by the regulator; and

(e)the day on which the licence was granted; and

(f)the expiry day of the licence.

144MLicence document to be available

(1)A licence holder must keep the licence document available for inspection under the Act.

Maximum penalty—

(a)for an individual—12¹/₂ penalty units; or

(b)for a body corporate—60 penalty units.

(2)Subsection (1) does not apply if the licence document is not in the licence holder's possession because—

(a)it has been returned to the regulator under section 144T; or

(b)the licence holder has applied for, but has not received, a replacement licence document under section 144U.

s 144M amd 2024 SL No. 15 s 2 sch 1

144NChanges to information

The holder of a licence to carry out demolition work must give the regulator written notice of any change to any material particular in any information given at any time by the licence holder to the regulator in relation to the licence within 14 days after the licence holder becomes aware of the change.

Maximum penalty—

(a)for an individual—12¹/₂ penalty units; or

(b)for a body corporate—60 penalty units.

s 144N amd 2024 SL No. 15 s 2 sch 1

144OChange to nominated supervisor

(1)If there is a change in relation to a supervisor named to the regulator by the holder of a licence to carry out demolition work, the licence holder must—

(a)if the change is to remove a supervisor—within 14 days after the change, ask the regulator to amend the licence under section 144Q to make that change; and

(b)if the change is to add a supervisor—give the regulator the information about the supervisor mentioned in section 144D.

Maximum penalty—

(a)for an individual—12¹/₂ penalty units; or

(b)for a body corporate—60 penalty units.

(2)If the change mentioned in subsection (1) is to add a supervisor, that supervisor is not a nominated supervisor for the purposes of this regulation until the regulator has approved the nomination.

s 144O amd 2024 SL No. 15 s 2 sch 1

144PAmendment imposed by regulator

(1)The regulator may, on the regulator’s own initiative, amend a licence to carry out demolition work, including amending the licence to—

(a)vary or delete a condition of the licence; or

(b)impose a new condition on the licence.

(2)If the regulator proposes to amend a licence under subsection (1), the regulator must provide a written notice to the licence holder—

(a)informing the licence holder of the reasons for the proposed amendment; and

(b)advising the licence holder that the licence holder may, by a stated day, being not less than 28 days after giving the notice, make a submission to the regulator in relation to the proposed amendment.

(3)After the day stated under subsection (2)(b), the regulator must—

(a)if the licence holder has made a submission in relation to the proposed amendment, consider that submission; and

(b)whether or not the licence holder has made a submission—decide—

(i)to make the proposed amendment; or

(ii)not to make the proposed amendment; or

(iii)to make a different amendment that results from consideration of any submission made by the licence holder; and

(c)within 14 days after making that decision, give the licence holder written notice that—

(i)sets out the amendment; and

(ii)if a submission was made in relation to the proposed amendment—sets out the regulator’s reasons for making the amendment; and

(iii)states the day, being not less than the 28 days after the licence holder is given the notice, on which the amendment takes effect.

Note—

A decision to amend a licence is a reviewable decision, see section 676.

144QAmendment on application by licence holder

(1)The regulator may, on application by the licence holder, amend a licence to carry out demolition work, including amending the licence to vary or delete a condition of the licence.

(2)If the regulator proposes to refuse to amend the licence under subsection (1), the regulator must provide a written notice to the licence holder—

(a)informing the licence holder of the intention to refuse to amend the licence and the reasons for the proposed refusal; and

(b)advising the licence holder that the licence holder may, by a stated date, being not less than 28 days after giving the notice, make a submission to the regulator in relation to the proposed refusal.

(3)After the day stated under subsection (2)(b), the regulator must—

(a)if the licence holder has made a submission in relation to the proposed refusal—consider that submission; and

(b)whether or not the licence holder has made a submission—decide to—

(i)make the amendment; or

(ii)refuse to make the amendment; or

(iii)make a different amendment that results from consideration of any submission made by the licence holder; and

(c)within 14 days after making that decision, give the licence holder written notice of the decision under this section.

(4)If the regulator makes the amendment, the notice under subsection (3) must state the day, being not less than 28 days after the licence holder is given the decision notice, on which the amendment takes effect.

(5)If the regulator refuses to make the amendment or makes a different amendment, the notice under subsection (3) must—

(a)if a submission was made in relation to the proposed amendment—set out the reasons for the regulator's decision; and

(b)if the regulator makes a different amendment—

(i)set out the amendment; and

(ii)state the day, being not less than 28 days after the licence holder is given the notice, on which the amendment takes effect.

Note—

A refusal to make the amendment applied for, or a decision to make a different amendment, is a reviewable decision, see section 676.

144RMinor corrections to licence

The regulator may make minor amendments to a licence, including an amendment—

(a)to correct an obvious error; or

(b)to change an address; or

(c)that imposes no significant burden on the licence holder.

144SRegulator to provide amended licence

If the regulator amends a licence to carry out demolition work and considers that the licence document requires amendment, the regulator must give the licence holder an amended licence document within 14 days of making the decision.

144TLicence holder to return licence

The holder of a licence to carry out demolition work that has been amended must return the licence document to the regulator for amendment at the written request of the regulator and within the time stated in the request.

Maximum penalty—

(a)for an individual—12¹/₂ penalty units; or

(b)for a body corporate—60 penalty units.

s 144T amd 2024 SL No. 15 s 2 sch 1

144UReplacement licence document

(1)A holder of a licence to carry out demolition work must notify the regulator as soon as practicable if the licence document is lost, stolen or destroyed.

Maximum penalty—

(a)for an individual—12¹/₂ penalty units; or

(b)for a body corporate—60 penalty units.

(2)If a licence document is lost, stolen or destroyed, the licence holder may apply to the regulator for a replacement document.

Note—

A licence holder is required to keep the licence document available for inspection, see section 144M.

(3)An application for a replacement licence document must be made in the way and in the form approved by the regulator.

(4)The application must—

(a)include—

(i)a declaration describing the circumstances in which the original document was lost, stolen or destroyed; and

(ii)a declaration that the information contained in the application is, to the best of the applicant’s knowledge, true and correct; and

(b)be accompanied by the relevant fee.

(5)The regulator may issue a replacement licence document if satisfied that the original document was lost, stolen or destroyed.

(6)If the regulator refuses to issue a replacement licence document, it must give the licence holder written notice of this decision, including the reasons for the decision, within 14 days after making the decision.

Note—

A refusal to issue a replacement licence document is a reviewable decision, see section 676.

s 144U amd 2014 SL No. 60 s 24; 2024 SL No. 15 s 2 sch 1

144VVoluntary surrender of licence

(1)A licence holder may voluntarily surrender the licence document to the regulator.

(2)The licence expires on the surrender of the licence document.

ch 4 pt 4.6 div 4A hdg ins 2015 SL No. 169 s 8

144VARegulator may renew licence

The regulator may renew a licence to carry out demolition work on application by the licence holder.

s 144VA ins 2015 SL No. 169 s 8

144VBApplication for renewal

(1)An application for renewal of a licence to carry out demolition work must be made in the way and in the form approved by the regulator.

(2)The application must include the following information—

(a)the name and address of the applicant;

(b)if required by the regulator of an applicant who is an individual, a photograph of the applicant in the form required by the regulator;

(c)any other evidence of the applicant’s identity required by the regulator;

(d)written evidence that the applicant has undertaken any training and instruction, obtained any information or taken any other action required under section 144J;

(e)a declaration by the applicant that the applicant or a supervisor named by the applicant, as applicable, has maintained the competency required to carry out the work covered by the licence.

(3)The application must be accompanied by the relevant fee.

(4)The application must be made before the expiry of the licence.

s 144VB ins 2015 SL No. 169 s 8

144VCProvisions relating to renewal of licence

(1)For this division—

(a)section 144E applies as if a reference in that section to an application for a licence were a reference to an application to renew a licence; and

(b)sections 144F (except subsection (5)) and 144K apply as if a reference in those sections to the grant of a licence were a reference to the renewal of a licence; and

(c)section 144H applies as if a reference in section 144F to the grant of a licence were a reference to the renewal of a licence; and

(d)section 144I applies as if a reference in that section to a refusal to grant a licence were a reference to a refusal to renew a licence.

(2)The regulator must not renew a licence to carry out demolition work unless the regulator is satisfied about the matters mentioned in section 144VD.

(3)If a licence holder applies under section 144VB for the renewal of a licence to carry out demolition work, the licence is taken to continue in force from the day it would, apart from this subsection, have expired until the licence holder is given notice of the decision on the application.

Note—

A refusal to renew a licence is a reviewable decision, see section 676.

s 144VC ins 2015 SL No. 169 s 8

144VDRenewal of licence—regulator to be satisfied about particular matters

For section 144VC, the regulator must not renew a licence to carry out demolition work unless satisfied—

(a)that demolition work of the type authorised by the licence has been carried out by or on behalf of the applicant during the term of the licence; and

(b)about the matters mentioned in section 144D.

s 144VD ins 2015 SL No. 169 s 8

144VEStatus of licence during review

(1)This section applies if the regulator gives a licence holder written notice of its decision to refuse to renew the licence.

(2)If the licence holder does not apply for internal review of the decision, the licence continues to have effect until the last of the following events—

(a)the expiry of the licence;

(b)the end of the time for applying for an internal review.

(3)If the licence holder applies for an internal review of the decision, the licence continues to have effect until the earlier of the following events—

(a)the licence holder withdraws the application for review;

(b)the regulator makes a decision on the review.

(4)If the licence holder does not apply for an external review, the licence continues to have effect until the end of the time for applying for an external review.

(5)If the licence holder applies for an external review, the licence continues to have effect until the earlier of the following events—

(a)the licence holder withdraws the application for review; or

(b)QCAT makes a decision on the review.

(6)The licence continues to have effect under this section even if its expiry date passes.

s 144VE ins 2015 SL No. 169 s 8

144WSuspension or cancellation of licence

(1)The regulator may suspend or cancel a licence to carry out demolition work if the regulator is satisfied 1 or more of the following apply—

(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)the licence was granted on the basis of a certification that was obtained by a nominated supervisor or the licence holder if an individual, on the basis of the giving of false or misleading information by any person or body;

(e)the licence holder no longer satisfies the requirements of section 144C(2)(o);

(f)a nominated supervisor no longer satisfies the requirements mentioned in section 144D(1)(c).

(2)It is a ground for the suspension or cancellation of a licence to carry out demolition work if the licence holder does not have a qualified nominated supervisor.

Note—

Section 144O (Change to nominated supervisor) provides for a licence holder to notify the regulator of any change in a nominated supervisor.

(3)For the purposes of subsection (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 this regulation 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—

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 section 676.

s 144W amd 2018 SL No. 216 s 11

144XMatters taken into account

(1)In making a decision under section 144W, the regulator must have regard to—

(a)any submissions made by the licence holder under section 144Y; and

(b)any advice received from a corresponding regulator.

(2)For section 144W(1)(a) and (b), the regulator must have regard to all relevant matters, including the following—

(a)any relevant WHS conviction of the licence holder (or in the case of a body corporate, any officer of the body corporate);

(b)any suspension or cancellation of an equivalent licence held by the licence holder (or in the case of a body corporate, any officer of the body corporate), or any refusal to grant an equivalent licence to the applicant (or officer), under a relevant WHS law;

(c)any enforceable undertaking the licence holder (or in the case of a body corporate, any officer of the body corporate) has entered into under a relevant WHS law;

(d)the record of the licence holder (or officer) in relation to any matters arising under a relevant WHS law.

144YNotice to and submissions by licence holder

Before suspending or cancelling a licence to carry out demolition work the regulator must—

(a)give the licence holder a written notice of the proposed suspension or cancellation and any proposed disqualification that outlines all relevant allegations, facts and circumstances known to the regulator; and

(b)give the licence holder not less than 28 days to make submissions to the regulator in relation to the proposed suspension or cancellation and any proposed disqualification.

144ZNotice of decision

(1)The regulator must give the licence holder written notice of a decision under section 144W to suspend or cancel licence to carry out demolition work within 14 days after the decision.

(2)The notice must—

(a)state that the licence is to be suspended or cancelled; and

(b)if the licence is to be suspended, state—

(i)when the suspension starts and ends; and

(ii)the reasons for the suspension; and

(iii)whether the licence holder is required to undergo retraining or reassessment or take any other action before the suspension ends; and

(iv)whether or not the licence holder is disqualified from applying for a further licence during the suspension; and

(c)if the licence is to be cancelled, state—

(i)when the cancellation takes effect; and

(ii)the reasons for the cancellation; and

(iii)whether or not the licence holder is disqualified from applying for a further licence; and

(d)if the licence holder is disqualified from applying for a further licence, state—

(i)when the disqualification starts and ends; and

(ii)the reasons for the disqualification; and

(iii)whether or not the disqualification ending is conditional upon the licence holder undergoing retraining or reassessment or taking any other action; and

(iv)any other class of licence under this regulation that the licence holder is disqualified from applying for during the suspension or disqualification; and

(e)state when the licence document must be returned to the regulator.

144ZA Immediate suspension

(1)The regulator may suspend a licence to carry out demolition work on a ground mentioned in section 144W without giving notice under section 144Y, if satisfied that—

(a)work carried out under the licence should stop because the work may involve an imminent serious risk to the health or safety of any person; or

(b)a corresponding regulator has suspended an equivalent licence held by the licence holder under this section as applying in the corresponding jurisdiction.

(2)If the regulator decides to suspend a licence under this section—

(a)the regulator must give the licence holder written notice of the suspension and the reasons for the suspension; and

(b)the suspension of the licence takes effect on the giving of the notice.

(3)The regulator must then give notice under section 144Y within 14 days after giving the notice under subsection (2) and must make a decision under section 144W as soon as practicable.

(4)If the regulator does not give notice under subsection (3), the suspension ends at the end of the 14 day period.

(5)If the regulator gives the notice under section 144Y, the licence remains suspended until the decision is made under section 144W.

144ZB Licence holder to return licence document

A licence holder, on receiving a notice under section 144Z, must return the licence document to the regulator as required under the notice.

Maximum penalty—

(a)for an individual—12¹/₂ penalty units; or

(b)for a body corporate—60 penalty units.

s 144ZB amd 2012 SL No. 203 s 12; 2024 SL No. 15 s 2 sch 1

144ZC Regulator to return licence document after suspension

The regulator must return the licence document to the licence holder within 14 days after the licence suspension ends.

145Part number and section numbers 145–166 not used

See note to section 3.

167Purpose of part 4.8

The purpose of this part is to impose duties on a person carrying out a business or undertaking at a workplace to ensure—

(a)the fitness and competence of persons who carry out general diving work and high risk diving work; and

(b)the health and safety of persons who carry out general diving work and high risk diving work; and

(c)the health and safety of other persons at workplaces where general diving work or high risk diving work is carried out.

168Person conducting business or undertaking must ensure fitness of workers

(1)A person conducting a business or undertaking at a workplace must not direct or allow a worker to carry out general diving work or undergo training for general diving work unless the worker holds a current certificate of medical fitness.

Maximum penalty—60 penalty units.

(2)The person must not direct or allow a worker to carry out general diving work or undergo training for diving work unless the work or training complies with any conditions on the current certificate of medical fitness of the worker.

Maximum penalty—60 penalty units.

169Certificate of medical fitness

A certificate of medical fitness must—

(a)be issued by a registered medical practitioner with training in underwater medicine; and

(b)state the following—

(i)the name of the person to whom it is issued;

(ii)its date of issue and its expiry date;

(iii)whether or not the person to whom it is issued is, in accordance with the fitness criteria, medically fit to carry out diving work;

(iv)any conditions in relation to the type of diving work the person to whom it is issued is fit to carry out, or the circumstances in which the person is fit to carry out general diving work, including, in the case of a person who is under 18 years of age, any particular conditions applicable to the age of the person.

s 169 amd 2013 SL No. 222 s 67 sch 1

170Duty to keep certificate of medical fitness

A person conducting a business or undertaking at a workplace must keep the certificate of medical fitness of a worker who carries out general diving work for 1 year after the work is carried out.

Maximum penalty—

(a)for an individual—12¹/₂ penalty units; or

(b)for a body corporate—60 penalty units.

s 170 amd 2024 SL No. 15 s 2 sch 1

171Competence of worker—general diving work

A person must not carry out general diving work (other than incidental diving work and limited scientific diving work) unless—

(a)the person has one or more of the following qualifications—

(i)a statement of attainment for a specified VET course for general diving work that includes the type of general diving work to be carried out by the person;

(ii)a certificate for general diving work, issued by a training organisation, that mentions the subject areas covered in AS/NZS 4005.2:2000 (Training and certification of—recreational divers—Recreational SCUBA dive supervisor); and

(b)the person has, through training, qualification or experience, acquired sound knowledge and skill in relation to the following—

(i)the application of diving physics;

(ii)the use, inspection and maintenance of diving equipment (including emergency equipment) and air supply of the type to be used in the proposed general diving work;

(iii)the use of decompression tables or dive computers;

(iv)dive planning;

(v)ways of communicating with another diver and with persons at the surface during general diving work;

(vi)how to safely carry out general diving work of the type proposed to be carried out;

(vii)diving physiology and first aid.

Note—

See section 44 of the Act.

172Competence of worker—incidental diving work

(1)A person must not carry out incidental diving work unless the person has—

(a)the training, qualification or experience mentioned in section 171(b); and

(b)relevant diving experience.

Note—

See section 44 of the Act.

(2)In this section, a person has relevant diving experience if the person has logged at least 15 hours of diving, of which at least 8 hours and 20 minutes were spent diving between 10 metres above and any depth below the maximum depth at which the diving work is to be carried out.

173Competence of worker—limited scientific diving work

(1)A person who is not permanently resident in Australia must not carry out limited scientific diving work unless the person has—

(a)the training, qualification or experience mentioned in section 171(b); and

(b)relevant diving experience, including relevant diving experience obtained outside Australia.

Note—

See section 44 of the Act.

(2)In this section, a person has relevant diving experience if the person has logged at least 60 hours diving of which at least 8 hours and 20 minutes were spent diving between 10 metres above and any depth below the maximum depth at which the limited scientific diving work is to be carried out.

174Competence of competent person supervising general diving work

A person appointed under section 177 must not perform any function associated with that appointment unless the person has—

(a)the qualification stated in section 171(a); and

(b)experience in the type of diving work to be supervised.

Note—

See section 44 of the Act.

175Evidence of competence—duty of person conducting business or undertaking

(1)A person conducting a business or undertaking at a workplace must not direct or allow a worker to carry out general diving work unless the person sees written evidence provided by the worker that the worker has the relevant competence required under this division.

Maximum penalty—

(a)for an individual—12¹/₂ penalty units; or

(b)for a body corporate—60 penalty units.

(2)A person conducting a business or undertaking at a workplace must not direct or allow a person appointed under section 177 to perform any of the functions associated with that appointment unless the person conducting the business or undertaking sees written evidence provided by the worker that the person appointed has the competence required under section 174.

Maximum penalty—

(a)for an individual—12¹/₂ penalty units; or

(b)for a body corporate—60 penalty units.

(3)A person conducting a business or undertaking must keep the written evidence obtained—

(a)under subsection (1)—for at least 1 year after the diving work is carried out;

(b)under subsection (2)—for at least 1 year after the last occasion on which the person performs a function associated with the appointment.

Maximum penalty—

(a)for an individual—12¹/₂ penalty units; or

(b)for a body corporate—60 penalty units.

s 175 amd 2013 SL No. 222 s 67 sch 1; 2024 SL No. 15 s 2 sch 1

176Management of risks to health and safety

(1)A person conducting a business or undertaking at a workplace must manage risks to health and safety associated with general diving work, under part 3.1.

Note—

WHS Act—section 19 (see section 9).

(2)A person conducting a business or undertaking must ensure that a risk assessment is conducted by a competent person for the purpose of subsection (1).

Maximum penalty—36 penalty units.

(3)The person must ensure that the risk assessment conducted under subsection (2) is recorded in writing.

Maximum penalty—

(a)for an individual—12¹/₂ penalty units; or

(b)for a body corporate—60 penalty units.

s 176 amd 2024 SL No. 15 s 2 sch 1

177Appointment of competent person to supervise diving work

A person conducting a business or undertaking at a workplace must appoint one or more competent persons to—

(a)supervise general diving work carried out in the business or undertaking; and

(b)perform other functions under this division.

Maximum penalty—60 penalty units.

Note—

See section 174 for the qualifications of the competent person.

178Additional control—dive plan

(1)A person conducting a business or undertaking at a workplace must not direct or allow general diving work to be carried out unless a dive plan for the dive—

(a)is prepared by a person appointed under section 177; or

(b)has been prepared by a person appointed under section 177 on an earlier occasion for a similar dive.

Maximum penalty—60 penalty units.

(2)A dive plan must state the following—

(a)the method of carrying out the diving work to which it relates;

(b)the tasks and duties of each person involved in the dive;

(c)the diving equipment, breathing gases and procedures to be used in the dive;

(d)as applicable, dive times, bottom times and decompression profiles;

(e)hazards relating to the dive and measures to be implemented in the control of risks associated with those hazards;

(f)emergency procedures.

s 178 amd 2013 SL No. 222 s 67 sch 1

179Dive plan must be complied with

(1)A person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, that general diving work is carried out in accordance with the dive plan prepared for it.

Maximum penalty—60 penalty units.

(2)A person conducting a business or undertaking must ensure that a competent person appointed by the person under section 177 gives workers instruction in relation to the dive plan before commencing the diving work to which the plan relates.

Maximum penalty—60 penalty units.

180Additional control—dive safety log to be kept

A person conducting a business or undertaking at a workplace where general diving work is carried out must keep a dive safety log that contains the following information about each dive carried out by a worker—

(a)the name of the worker who carries out the dive;

(b)the name of any other person with whom the dive is carried out;

(c)the name of the person appointed under section 177 to supervise the diving work;

(d)the date and location of the dive;

(e)the time each diver enters and leaves the water;

(f)the maximum depth of the dive;

(g)any incident, difficulty, discomfort or injury that occurs or is experienced during the dive;

(h)if the dive was carried out using a dive computer—the dive time;

(i)if the dive was carried out using dive tables—the repetitive dive group, if available, and either the bottom time or the dive time;

(j)if the repetitive group and surface interval result in a repetitive factor—the surface interval and the repetitive factor;

(k)if the dive is carried out using EANx—

(i)the oxygen content of the EANx; and

(ii)the maximum operating depth of the EANx;

(l)if the dive is carried out using mixed gas—

(i)the oxygen content and the nitrogen content (if any) of the gas; and

(ii)the maximum operating depth of the mixed gas; and

(iii)the minimum operating depth of the bottom mix.

Maximum penalty—

(a)for an individual—12¹/₂ penalty units; or

(b)for a body corporate—60 penalty units.

s 180 amd 2013 SL No. 222 s 67 sch 1; 2024 SL No. 15 s 2 sch 1

181Use of dive safety log

(1)This section applies to a person conducting a business or undertaking at a workplace where general diving work is carried out.

(2)The person conducting the business or undertaking must ensure that, after each dive carried out in connection with the general diving work is completed, the return of each diver is verified in the dive safety log, as soon as practicable after the return, by—

(a)the diver; and

(b)a person appointed under section 177 to supervise the diving work.

Maximum penalty—

(a)for an individual—12¹/₂ penalty units; or

(b)for a body corporate—60 penalty units.

(3)If workers are carrying out general diving work from a vessel, the person conducting the business or undertaking must ensure that a person appointed under section 177 to supervise the diving work makes and verifies entries in the dive safety log of the number of workers and other persons on board the vessel—

(a)before the diving work commences; and

(b)before the vessel leaves the location after the diving work is completed.

Maximum penalty—

(a)for an individual—12¹/₂ penalty units; or

(b)for a body corporate—60 penalty units.

(4)The person conducting the business or undertaking must ensure that the dive safety log is kept for at least 1 year after the last entry is made.

Maximum penalty—

(a)for an individual—12¹/₂ penalty units; or

(b)for a body corporate—60 penalty units.

(5)In this section—

verified means an event is verified in the dive safety log—

(a)by signing; or

(b)if the log is electronic, by entering the verifier’s unique identifier.

s 181 amd 2013 SL No. 222 s 67 sch 1; 2024 SL No. 15 s 2 sch 1

182Record keeping

(1)This section applies if a person conducting a business or undertaking prepares—

(a)a risk assessment under section 176; or

(b)a dive plan under section 178.

(2)Subject to subsection (3), the person must keep—

(a)a copy of the risk assessment until at least 28 days after the work to which it relates is completed; and

(b)a copy of the dive plan until the work to which it relates is completed.

Maximum penalty—

(a)for an individual—12¹/₂ penalty units; or

(b)for a body corporate—60 penalty units.

(3)If a notifiable incident occurs in connection with the work to which the assessment or dive plan relates, the person must keep the assessment or dive plan (as the case requires) for at least 2 years after the incident occurs.

Maximum penalty—

(a)for an individual—12¹/₂ penalty units; or

(b)for a body corporate—60 penalty units.

(4)The person must ensure that for the period for which the assessment or dive plan must be kept under this section, a copy is readily accessible to any worker engaged by the person to carry out the work to which the assessment or dive plan relates.

Maximum penalty—36 penalty units.

(5)The person must ensure that for the period for which the assessment or dive plan must be kept under this section, a copy is available for inspection under the Act.

Maximum penalty—

(a)for an individual—12¹/₂ penalty units; or

(b)for a body corporate—60 penalty units.

s 182 amd 2024 SL No. 15 s 2 sch 1

183Duties of person conducting business or undertaking

A person conducting a business or undertaking at a workplace where high risk diving work is carried out must ensure that the following are in accordance with AS/NZS 2299.1:2015 (Occupational diving operations Part 1: Standard operational practice)—

(a)the fitness of persons carrying out the work;

(b)the competence of persons carrying out the work;

Note—

See section 44 of the Act.

(c)the carrying out of the work.

Maximum penalty—60 penalty units.

s 183 amd 2018 SL No. 216 s 12; 2022 SL No. 161 s 4

184Duty of worker—competence

A person must not carry out high risk diving work unless the person has the qualifications, knowledge, skills and experience required by AS/NZS 2299.1:2015 (Occupational diving operations Part 1: Standard operational practice) for work of the kind to be carried out by the person.

Note—

See section 44 of the Act.

s 184 amd 2018 SL No. 216 s 13; 2022 SL No. 161 s 5

ch 5 pt 5.0 hdg ins 2013 SL No. 222 s 19

184ADefinition for ch 5

In this chapter—

maintain, for a plant or structure, includes repair and service.

s 184A ins 2013 SL No. 222 s 19

Note—

If a jurisdiction enacts schedule 1 of the Act, this part will extend to plant outside the workplace as provided for in that schedule.

185Application of part 5.1 to plant

(1)Subject to this section, this part applies to all plant.

(2)Subject to subsection (3), this part does not apply to plant that—

(a)relies exclusively on manual power for its operation; and

(b)is designed to be primarily supported by hand.

(3)This part applies to explosive power tools that are designed to be supported by hand.

186Application of part 5.1 to structures

This part applies to structures as provided in this part.

187Provision of information to manufacturer

A designer of plant must ensure, when the design of the plant is made available to the manufacturer of the plant, that the manufacturer is provided with—

(a)information to enable the plant to be manufactured in accordance with the design specifications; and

(b)if applicable, information about—

(i)the installation, commissioning, decommissioning, use, handling, storage and, if the plant is capable of being dismantled, dismantling of the plant; and

(ii)the hazards and risks associated with the use of the plant that the designer has identified; and

(iii)testing or inspections to be carried out on the plant; and

(iv)the systems of work and competency of operators that are necessary for the safe use of the plant; and

(v)the emergency procedures (if any) that are required to be implemented if there is a malfunction of the plant.

Maximum penalty—36 penalty units.

Note—

A designer also has duties under section 22 of the Act.

188Hazard identified in design during manufacture

If a manufacturer of plant advises the designer of the plant that there is a hazard in the design of plant for which the designer has not provided a control measure, the designer must—

(a)revise the information originally supplied to the manufacturer to ensure that—

(i)the risk is eliminated so far as is reasonably practicable; or

(ii)if it is not reasonably practicable to eliminate the risk, the risk is minimised so far as is reasonably practicable; or

(b)notify the manufacturer, in writing, that the designer is of the opinion that it is not necessary to revise the information originally supplied to the manufacturer to ensure compliance with this part.

Maximum penalty—36 penalty units.

Note—

A designer also has duties under section 22 of the Act.

189Guarding

(1)This section applies if a designer of plant uses guarding as a measure to control risk.

(2)The designer must ensure, so far as is reasonably practicable, that the guarding designed for that purpose will prevent access to the danger point or danger area of the plant.

Maximum penalty—60 penalty units.

(3)The designer must ensure that—

(a)if access to the area of the plant requiring guarding is not necessary during operation, maintenance or cleaning of the plant—the guarding is a permanently fixed physical barrier; or

(b)if access to the area of the plant requiring guarding is necessary during operation, maintenance or cleaning of the plant—the guarding is an interlocked physical barrier that allows access to the area being guarded at times when that area does not present a risk and prevents access to that area at any other time; or

(c)if it is not reasonably practicable to use guarding mentioned in paragraph (a) or (b)—the guarding used is a physical barrier that can only be altered or removed by the use of tools; or

(d)if it is not reasonably practicable to use guarding mentioned in paragraph (a), (b) or (c)—the design includes a presence-sensing safeguarding system that eliminates any risk arising from the area of the plant requiring guarding while a person or any part of a person is in the area being guarded.

Maximum penalty—60 penalty units.

(4)The designer must ensure that the guarding is designed—

(a)to be of solid construction and securely mounted so as to resist impact or shock; and

(b)to make bypassing or disabling of the guarding, whether deliberately or by accident, as difficult as is reasonably practicable; and

(c)so as not to cause a risk in itself.

Maximum penalty—60 penalty units.

(5)If the plant to be guarded contains moving parts and those parts may break or cause workpieces to be ejected from the plant, the designer must ensure, so far as is reasonably practicable, that the guarding will control any risk from those broken or ejected parts and workpieces.

Maximum penalty—60 penalty units.

(6)Despite anything to the contrary in this section, the designer must ensure—

(a)that the guarding is of a kind that can be removed to allow maintenance and cleaning of the plant at any time that the plant is not in normal operation; and

(b)if the guarding is removed, that, so far as is reasonably practicable, the plant cannot be restarted unless the guarding is replaced.

Maximum penalty—60 penalty units.

190Operational controls

(1)A designer of plant must ensure that the design provides for any operator’s controls for the plant to be—

(a)identified on the plant so as to indicate their nature and function and direction of operation; and

(b)located so as to be readily and conveniently operated by each person using the plant; and

(c)located or guarded to prevent unintentional activation; and

(d)able to be locked into the “off” position to enable the disconnection of all motive power.

Maximum penalty—60 penalty units.

(2)If the need for plant to be operated during maintenance or cleaning cannot be eliminated, the designer of the plant must ensure that the design provides for operator’s controls that—

(a)permit operation of the plant while a person is undertaking the maintenance or cleaning of the plant; and

(b)while the plant is being maintained or cleaned, cannot be operated by any person other than the person who is carrying out the maintenance or cleaning of the plant; and

(c)will allow operation of the plant in such a way that any risk associated with the activities in relation to any person who is carrying out the maintenance or cleaning—

(i)is eliminated so far as is reasonably practicable; or

(ii)if it is not reasonably practicable to eliminate the risk, is minimised so far as is reasonably practicable.

Maximum penalty—60 penalty units.

191Emergency stop controls

(1)If plant is designed to be operated or attended by more than one person and more than one emergency stop control is fitted, the designer of the plant must ensure that the design provides for the multiple emergency stop controls to be of the “stop and lock-off” type so that the plant cannot be restarted after an emergency stop control has been used unless that emergency stop control is reset.

Maximum penalty—60 penalty units.

(2)If the design of the plant includes an emergency stop control for the plant, the designer of the plant must ensure that the design provides—

(a)for the stop control to be prominent, clearly and durably marked and immediately accessible to each operator of the plant; and

(b)for any handle, bar or push button associated with the stop control to be coloured red; and

(c)that the stop control cannot be adversely affected by electrical or electronic circuit malfunction.

Maximum penalty—60 penalty units.

192Warning devices

(1)This section applies if the design of plant includes an emergency warning device or it is necessary to include an emergency warning device to minimise risk.

(2)The designer of the plant must ensure that the design provides for the device to be positioned on the plant to ensure the device will work to best effect.

Maximum penalty—60 penalty units.

193Control of risk

(1)A manufacturer of plant must ensure the following—

(a)that the plant is manufactured and inspected having regard to the information provided to the manufacturer by the designer of the plant under the Act and this regulation;

(b)if the information provided to the manufacturer by the designer of the plant under the Act and this regulation requires the plant to be tested—that the plant is tested in accordance with that information;

(c)if, during the manufacturing process, any hazard is identified in the design of the plant for which the designer has not provided a control measure—

(i)that the hazard is not incorporated into the manufacture of the plant; and

(ii)that the designer of the plant is given written notice of the hazard as soon as practicable; and

(iii)that all reasonable steps are taken to consult with the designer of the plant in relation to the alteration of the design to rectify the hazard.

Maximum penalty—60 penalty units.

(2)A manufacturer of plant must ensure that, if it is not possible to tell the designer of the hazard under subsection (1)—

(a)the risk is eliminated, so far as is reasonably practicable; or

(b)if it is not reasonably practicable to eliminate the risk, the risk is minimised so far as is reasonably practicable.

Note—

WHS Act—section 23 (see section 9).

(3)A manufacturer to whom subsection (1)(c) applies must not manufacture the plant until—

(a)the designer gives the manufacturer the revised information or written instruction under section 188; or

(b)the manufacturer eliminates or minimises the risk under subsection (2).

Note—

WHS Act—section 23 (see section 9).

(4)If the designer notifies a manufacturer of plant under section 188, the manufacturer may proceed in accordance with the designer’s original information.

194Guarding

(1)A manufacturer of plant must ensure that guarding used as a measure to control risk is of solid construction and securely mounted so as to resist impact or shock.

Maximum penalty—60 penalty units.

(2)A manufacturer of plant must ensure—

(a)that any guarding used as a measure to control risk in relation to plant is of a kind that can be removed to allow maintenance and cleaning of the plant at any time that the plant is not in normal operation; and

(b)if the guarding is removed, that, so far as is reasonably practicable, the plant cannot be restarted unless the guarding is replaced.

Maximum penalty—60 penalty units.

195Information must be obtained and provided

A manufacturer of plant must—

(a)take all reasonable steps to obtain the information required to be provided to the manufacturer by the designer of the plant under section 22(4)(a) and (c) of the Act and sections 187 and 188; and

(b)ensure that, when the plant is supplied by the manufacturer to a person to whom the manufacturer supplies the plant is provided with the information provided to the manufacturer by the designer under section 22(4)(a) and (c) of the Act and section 187 at the time the plant is supplied by the manufacturer; and

(c)if the manufacturer acts under section 193(1)(c), ensure that a person to whom the manufacturer supplies the plant is provided with the information, applicable to the plant, that is required to be provided by the designer under sections 22(4)(a) and (c) of the Act and section 188.

Maximum penalty—36 penalty units.

196Information to be obtained and provided by importer

An importer of plant must—

(a)take all reasonable steps to obtain—

(i)the information that would be required to be provided by a manufacturer under section 23(4)(a) and (c) of the Act; and

(ii)the information that would be required to be provided by the designer of the plant to the manufacturer under sections 187 and 188; and

(b)give that information to any person to whom the importer supplies the plant.

Maximum penalty—36 penalty units.

197Control of risk

An importer of plant must—

(a)ensure that the plant is inspected having regard to the information provided by the manufacturer; and

(b)if the information provided by the manufacturer requires the plant to be tested—ensure that the plant is tested in accordance with that information; and

(c)if any hazards are identified—

(i)ensure that the plant is not supplied until the risks have been eliminated so far as is reasonably practicable; and

(ii)if it is not reasonably practicable to eliminate the risks, advise the person to whom the plant is supplied of the risks; and

(iii)take all reasonable steps to ensure that the designer and manufacturer of the plant are consulted in relation to any alteration made to the plant to control the risk.

Maximum penalty—60 penalty units.

198Information to be obtained and provided by supplier

A supplier of plant must—

(a)take all reasonable steps to obtain the information required to be provided by the manufacturer under section 23(4)(a) and (c) of the Act and this regulation; and

(b)ensure that when the plant is supplied the person to whom the plant is supplied is given the information obtained by the supplier under paragraph (a).

Maximum penalty—36 penalty units.

199Supply of second-hand plant—duties of supplier

(1)A supplier of second-hand plant must ensure, so far as is reasonably practicable, that any faults in the plant are identified.

Maximum penalty—60 penalty units.

(2)A supplier of second-hand plant must ensure that the person to whom the plant is supplied is, before the plant is supplied, given written notice—

(a)of the condition of the plant; and

(b)of any faults identified under subsection (1); and

(c)if appropriate, that the plant should not be used until the faults are rectified.

Maximum penalty—60 penalty units.

(3)This section does not apply to plant to be used for scrap or spare parts.

200Second-hand plant to be used for scrap or spare parts

A supplier of plant to be used for scrap or spare parts must, before the plant is supplied, inform the person to whom the plant is supplied, either in writing or by marking the plant, that the plant is being supplied for scrap or spare parts and that the plant in its current form is not to be used as plant.

Maximum penalty—36 penalty units.

201Duties of persons conducting businesses or undertakings that install, construct or commission plant

(1)This section applies to a person who conducts a business or undertaking that installs, constructs or commissions plant that is to be used, or could reasonably be expected to be used, as, or at, a workplace.

(2)The person must ensure that the plant is installed, constructed or commissioned having regard to—

(a)the information provided by the designer, manufacturer, importer or supplier of the plant under the Act and this regulation; or

(b)the instructions provided by a competent person to the extent that those instructions relate to health and safety.

Maximum penalty—60 penalty units.

202Duties of persons conducting businesses or undertakings that install, construct or commission structures

(1)This section applies to a person who conducts a business or undertaking that installs, constructs or commissions a structure that is to be used, or could reasonably be expected to be used, as or at, a workplace.

(2)The person must ensure that the structure is installed, constructed or commissioned having regard to—

(a)the information provided by the designer, manufacturer, importer or supplier of the structure under the Act and this regulation; or

(b)the instructions provided by a competent person to the extent that those instructions relate to health and safety.

Maximum penalty—60 penalty units.

Note—

A person with management or control of plant at a workplace is the person conducting a business or undertaking at the workplace to the extent that the business or undertaking involves the management or control of plant in whole or in part at the workplace. See the definition of person with management or control of plant at a workplace in schedule 19 and section 21 of the Act.

203Management of risks to health and safety

A person with management or control of plant at a workplace must manage risks to health and safety.

Note—

WHS Act—section 21 (see section 9).

204Control of risks arising from installation or commissioning

(1)A person with management or control of plant at a workplace must not commission the plant unless the person has established that the plant is, so far as is reasonably practicable, without risks to the health and safety of any person.

Maximum penalty—60 penalty units.

(2)A person with management or control of plant at a workplace must not decommission or dismantle the plant unless the decommissioning or dismantling can be carried out, so far as is reasonably practicable, without risks to the health and safety of any person.

Maximum penalty—60 penalty units.

(3)A person with management or control of plant at a workplace must ensure that a person who installs, assembles, constructs, commissions or decommissions or dismantles the plant is a competent person.

Maximum penalty—60 penalty units.

(4)A person with management or control of plant at a workplace must ensure that a person who installs, assembles, constructs, commissions or decommissions or dismantles the plant is provided with the available information for eliminating or minimising risks to health or safety.

Maximum penalty—60 penalty units.

(5)A person with management or control of plant at a workplace must ensure that the processes for the installation, construction, commissioning, decommissioning and dismantling of plant include inspections that ensure, so far as is reasonably practicable, that risks associated with these activities are monitored.

Maximum penalty—60 penalty units.

205Preventing unauthorised alterations to or interference with plant

The person with management or control of plant at a workplace must, so far as is reasonably practicable, prevent alterations to or interference with the plant that are not authorised by the person.

Maximum penalty—60 penalty units.

206Proper use of plant and controls

(1)The person with management or control of plant at a workplace must take all reasonable steps to ensure that plant is used only for the purpose for which it was designed, unless the person has determined that the proposed use does not increase the risk to health or safety.

Maximum penalty—60 penalty units.

(2)In determining whether or not a proposed use of plant increases the risk to health or safety, the person with management or control of the plant must ensure that the risk associated with the proposed use is assessed by a competent person.

Maximum penalty—60 penalty units.

(3)The person with management or control of plant at a workplace must take all reasonable steps to ensure that all health and safety features and warning devices (including guarding, operational controls, emergency stops and warning devices) are used in accordance with the instructions and information provided by that person under section 39.

Maximum penalty—60 penalty units.

207Plant not in use

The person with management or control of plant at a workplace must ensure, so far as is reasonably practicable, that plant that is not in use is left in a state that does not create a risk to the health or safety of any person.

Maximum penalty—60 penalty units.

208Guarding

(1)This section applies if guarding is used as a measure to control risk associated with plant at a workplace.

(2)The person with management or control of the plant must ensure that—

(a)if access to the area of the plant requiring guarding is not necessary during operation, maintenance or cleaning of the plant, the guarding is a permanently fixed physical barrier; or

(b)if access to the area of the plant requiring guarding is necessary during operation, maintenance or cleaning of the plant, the guarding is an interlocked physical barrier that allows access to the area being guarded at times when that area does not present a risk and prevents access to that area at any other time; or

(c)if it is not reasonably practicable to use guarding mentioned in paragraph (a) or (b), the guarding used is a physical barrier that can only be altered or removed by the use of tools; or

(d)if it is not reasonably practicable to use guarding mentioned in paragraph (a), (b) or (c), the guarding includes a presence-sensing safeguarding system that eliminates any risk arising from the area of the plant requiring guarding while a person or any part of a person is in the area being guarded.

Maximum penalty—60 penalty units.

(3)The person with management or control of the plant must ensure that the guarding—

(a)is of solid construction and securely mounted so as to resist impact or shock; and

(b)makes by-passing or disabling of the guarding, whether deliberately or by accident, as difficult as is reasonably practicable; and

(c)does not create a risk in itself; and

(d)is properly maintained.

Maximum penalty—60 penalty units.

(4)If the plant to be guarded contains moving parts that may break or cause workpieces to be ejected from the plant, the person with management or control of the plant must ensure, so far as is reasonably practicable, that the guarding will control any risk from those broken or ejected parts and workpieces.

Maximum penalty—60 penalty units.

(5)Despite anything to the contrary in this section, the person with management or control of the plant must ensure—

(a)that the guarding is of a kind that can be removed to allow maintenance and cleaning of the plant at any time that the plant is not in normal operation; and

(b)if guarding is removed, that, so far as is reasonably practicable, the plant cannot be restarted unless the guarding is replaced.

Maximum penalty—60 penalty units.

209Guarding and insulation from heat and cold

The person with management or control of plant at a workplace must ensure, so far as is reasonably practicable, that any pipe or other part of the plant associated with heat or cold is guarded or insulated so that the plant is without risks to the health and safety of any person.

Maximum penalty—60 penalty units.

210Operational controls

(1)The person with management or control of plant at a workplace must ensure that any operator’s controls are—

(a)identified on the plant so as to indicate their nature and function and direction of operation; and

(b)located so as to be readily and conveniently operated by each person using the plant; and

(c)located or guarded to prevent unintentional activation; and

(d)able to be locked into the ‘off’ position to enable the disconnection of all motive power.

Maximum penalty—60 penalty units.

(2)If the need for plant to be operated during maintenance or cleaning cannot be eliminated, the person with management or control of the plant at a workplace must ensure that the operator’s controls—

(a)permit operation of the plant while a person is undertaking the maintenance or cleaning of the plant; and

(b)while the plant is being maintained or cleaned, either—

(i)cannot be operated by any person other than the person who is carrying out the maintenance or cleaning of the plant; or

(ii)if subparagraph (i) cannot be complied with because the plant must be operated by a person other than the person who is carrying out the maintenance or cleaning of the plant, cannot be operated except by a person authorised by the person with management or control of the plant for that purpose; and

(c)will allow operation of the plant in such a way that any risk associated with the activities in relation to any person who is carrying out the maintenance or cleaning—

(i)is eliminated so far as is reasonably practicable; or

(ii)if it is not reasonably practicable to eliminate the risk, is minimised so far as is reasonably practicable.

Maximum penalty—60 penalty units.

211Emergency stops

(1)If plant at a workplace is designed to be operated or attended by more than one person and more than one emergency stop control is fitted, the person with management or control of plant at the workplace must ensure that the multiple emergency stop controls are of the ‘stop and lock-off’ type so that the plant cannot be restarted after an emergency stop control has been used unless that emergency stop control is reset.

Maximum penalty—60 penalty units.

(2)If the design of plant at a workplace includes an emergency stop control, the person with management or control of the plant at the workplace must ensure that—

(a)the stop control is prominent, clearly and durably marked and immediately accessible to each operator of the plant; and

(b)any handle, bar or push button associated with the stop control is coloured red; and

(c)the stop control cannot be adversely affected by electrical or electronic circuit malfunction.

Maximum penalty—60 penalty units.

212Warning devices

(1)This section applies if the design of plant includes an emergency warning device or it is necessary to include an emergency warning device to minimise risk.

(2)The person with management or control of the plant must ensure that the device is positioned on the plant to ensure that the device will work to best effect.

Maximum penalty—60 penalty units.

213Maintenance and inspection of plant

(1)The person with management or control of plant at a workplace must ensure that the maintenance, inspection and, if necessary, testing of the plant is carried out by a competent person.

Maximum penalty—36 penalty units.

(2)The maintenance, inspection and testing must be carried out—

(a)in accordance with the manufacturer’s recommendations, if any; or

(b)if there are no manufacturer’s recommendations, in accordance with the recommendations of a competent person; or

(c)in relation to inspection, if it is not reasonably practicable to comply with paragraph (a) or (b), annually.

Note—

The person with management or control of plant at a workplace is the person conducting a business or undertaking at a workplace to the extent that the business or undertaking involves the management or control of plant in whole or in part at the workplace. See the definition of person with management or control of plant at a workplace in schedule 19 and section 21 of the Act.

214Powered mobile plant—general control of risk

The person with management or control of powered mobile plant at a workplace must under part 3.1, manage risks to health and safety associated with the following—

(a)the plant overturning;

(b)things falling on the operator of the plant;

(c)the operator being ejected from the plant;

(d)the plant colliding with any person or thing;

(e)mechanical failure of pressurised elements of plant that may release fluids that pose a risk to health and safety.

Note—

WHS Act—section 21 (see section 9).

215Powered mobile plant—specific control measures

(1)This section applies to a person with management or control of powered mobile plant at a workplace.

(2)The person must ensure, so far as is reasonably practicable, that a suitable combination of operator protective devices for the plant is provided, maintained and used.

Maximum penalty—60 penalty units.

(3)The person must ensure, so far as is reasonably practicable, that no person other than the operator rides on the plant unless the person is provided with a level of protection that is equivalent to that provided to the operator.

Maximum penalty—60 penalty units.

(4)The person must ensure that the plant does not collide with pedestrians or other powered mobile plant.

Maximum penalty—60 penalty units.

(5)Without limiting subsection (4), if there is a possibility of the plant colliding with pedestrians or other powered mobile plant, the person must ensure that the plant has a warning device that will warn persons who may be at risk from the movement of the plant.

Maximum penalty—60 penalty units.

s 215 amd 2012 SL No. 203 s 13; 2013 SL No. 222 s 20

216Roll-over protection on tractors

(1)The person with management or control of a tractor at a workplace must ensure that the tractor is not used unless it is securely fitted with a roll-over protective structure.

Maximum penalty—60 penalty units.

(2)If a tractor is used in a place that is too low for the tractor to work while it is fitted with a roll-over protective structure, the structure may be lowered or removed for the period during which the tractor is used in such a situation (but only if other measures to minimise the risk of roll-over are in place).

(3)This section does not apply if the tractor is—

(a)installed in a fixed position, and in a manner which would no longer permit it to be used as powered mobile plant; or

(b)a tractor with a mass of less than 560kg or a mass of 15,000kg or more; or

(c)being used for a historical purpose or activity.

(4)In this section—

historical purpose or activity, in relation to the use of a tractor, includes an activity ancillary to a historical activity.

Example of a historical activity—

a historical display, parade, demonstration or re-enactment

Example of an activity ancillary to a historical activity—

restoring, maintaining, modifying or housing a tractor used, or to be used, for a historical activity.

roll-over protective structure means a structure designed to protect a tractor operator from injury if the tractor rolls over in any direction.

Note—

Sections 214 and 215 also apply to a tractor.

218Industrial lift trucks

(1)The person with management or control of an industrial lift truck at a workplace must ensure that the truck is—

(a)equipped with lifting attachments that are suitable for the load to be lifted or moved by the truck; and

(b)operated in a manner that ensures that the risks to the operator of the truck and other persons at or near the workplace that arise from systems of work and the environment in which the truck is used—

(i)are eliminated so far as is reasonably practicable; or

(ii)if it is not reasonably practicable to eliminate the risks, are minimised so far as is reasonably practicable.

Maximum penalty—60 penalty units.

(2)The person with management or control of an industrial lift truck at a workplace must ensure that the truck is not used to carry a passenger unless—

(a)the truck is designed to carry a seated passenger; and

(b)the passenger seat is—

(i)fitted with suitable seat restraints; and

(ii)located within the zone of protection that is provided by the operator protective device required to be fitted to the industrial lift truck.

Maximum penalty—60 penalty units.

(3)The person with management or control of an industrial lift truck at a workplace must take all reasonable steps to ensure that a passenger in an industrial lift truck is seated in a seat that complies with subsection (2)(b).

Maximum penalty—60 penalty units.

Note—

Sections 214 and 215 will also apply to an industrial lift truck.

219Plant that lifts or suspends loads

(1)This section applies in relation to plant that is used to lift or suspend persons or things.

(2)The person with management or control of plant at a workplace must ensure, so far as is reasonably practicable, that the plant used is specifically designed to lift or suspend the load.

Maximum penalty—60 penalty units.

(3)If it is not reasonably practicable to use plant that is specifically designed to lift or suspend the load, the person must ensure that—

(a)the plant does not cause a greater risk to health and safety than if specifically designed plant were used; and

(b)if the plant is lifting or suspending persons, the use of the plant complies with section 220.

Maximum penalty—60 penalty units.

(4)The person must ensure that the lifting and suspending is carried out—

(a)with lifting attachments that are suitable for the load being lifted or suspended; and

(b)within the safe working limits of the plant.

Maximum penalty—60 penalty units.

(5)The person must ensure, so far as is reasonably practicable, that no loads are suspended or travel over a person unless the plant is specifically designed for that purpose.

Maximum penalty—60 penalty units.

(6)The person must ensure, so far as is reasonably practicable, that loads are lifted or suspended in a way that ensures that the load remains under control during the activity.

Maximum penalty—60 penalty units.

(7)The person must ensure, so far as is reasonably practicable, that no load is lifted simultaneously by more than 1 piece of plant unless each piece of plant used to lift the load is specifically designed to lift a load.

Maximum penalty—60 penalty units.

220Exception—Plant not specifically designed to lift or suspend a person

(1)For section 219(3)(b), the person with management or control of the plant at a workplace must ensure that—

(a)the persons are lifted or suspended in a work box that is securely attached to the plant; and

(b)the persons in the work box remain substantially within the work box while they are being lifted or suspended; and

(c)if there is a risk of a person falling from a height, a safety harness is provided and worn by the person in order to prevent, so far as is reasonably practicable, injury to the person as a result of the fall; and

(d)means are provided by which the persons being lifted or suspended can safely exit from the plant in the event of a failure in its normal operation.

(2)This section does not apply to plant used in connection with—

(a)the performance of stunt work; or

(b)the performance of acrobatics; or

(c)theatrical performances.

Note—

Part 4.4 (other than section 79) applies to the matters in subsection (2).

221Plant used in connection with tree lopping

(1)Section 220(1)(a) and (b) do not apply in connection with tree lopping if—

(a)a risk assessment shows that lifting or suspending a person in a harness with a crane to place the person in a tree to carry out tree lopping does not create a greater risk to health or safety than using plant specifically designed to lift a person or climbing a tree; and

(b)the tree lopping is carried out by a person who is a competent person in the use of the harness mentioned in paragraph (a); and

(c)a crane is used to put the competent person in the tree to fell it; and

(d)the crane has safety mechanisms that would prevent the competent person from inadvertently falling; and

(e)while attached to the crane, the competent person is in visual, audio or radio communication with the crane operator.

(2)In this section—

harness means a work positioning harness that is designed and certified, in accordance with AS/NZS 1891.1:2007 (Industrial fall-arrest systems—Harnesses and ancillary equipment), for the purpose of lifting and suspending a person.

222Industrial robots

(1)This section applies to a person with management or control of an industrial robot or other remotely or automatically energised plant at a workplace.

(2)The person must not allow or direct a worker to work in the immediate vicinity of the plant if it could start without warning and cause a hazard, unless suitable control measures are in place to control the risks to health and safety.

Maximum penalty—60 penalty units.

(3)If the remote or automatic energising of the plant could lead to risks to health and safety, the person must ensure that access to the area in the immediate vicinity of the plant is controlled at all times—

(a)by isolating the area; or

(b)by—

(i)providing interlocked guards; or

(ii)if a risk remains, providing presence-sensing devices; or

(iii)if a risk then remains, providing permit to work systems.

Maximum penalty—60 penalty units.

223Lasers

(1)This section applies to the person with management or control, at a workplace, of laser equipment that may create a risk to health and safety.

(2)The person must ensure that laser equipment intended for use on plant is designed, constructed and installed so as to prevent accidental irradiation of any person.

Maximum penalty—60 penalty units.

(3)The person must ensure that laser equipment on plant is protected so that any operator of the plant or other person is not exposed to direct radiation, radiation produced by reflection or diffusion or secondary radiation.

Maximum penalty—60 penalty units.

(4)The person must ensure that the visual equipment used for the observation or adjustment of laser equipment on plant causes no risk to health or safety from laser rays.

Maximum penalty—60 penalty units.

(5)The person must ensure that the workers operating the laser equipment are trained in the proper operation of the equipment.

Maximum penalty—60 penalty units.

(6)The person must ensure that Class 3B and Class 4 lasers (within the meaning of AS 2397:2015—Safe use of lasers in the building and construction industry) are not used in construction work.

Maximum penalty—60 penalty units.

s 223 amd 2022 SL No. 161 s 6

224Pressure equipment

(1)The person with management or control of pressure equipment at a workplace must ensure that—

(a)the equipment is inspected on a regular basis by a competent person; and

(b)any gas cylinder that is inspected is marked with a current inspection mark showing the date of the most recent inspection.

Maximum penalty—36 penalty units.

(2)The person with management or control of gas cylinders at a workplace that is a gas cylinder filling station must ensure that—

(a)a gas cylinder is not filled with gas unless it bears a current inspection mark; and

(b)a gas cylinder is only filled with gas for which that cylinder is designed.

Maximum penalty—36 penalty units.

225Scaffolds

(1)This section applies in relation to—

(a)a suspended scaffold; and

(b)a cantilevered scaffold; and

(c)a spur scaffold; and

(d)a hung scaffold; and

(e)any other scaffold from which a person or thing could fall more than 4m.

(2)The person with management or control of a scaffold at a workplace must ensure that the scaffold is not used unless the person receives written confirmation from a competent person that construction of the scaffold has been completed.

Maximum penalty—60 penalty units.

(3)The person with management or control of a scaffold at a workplace must ensure that the scaffold and its supporting structure are inspected by a competent person—

(a)before the scaffold is used; and

(b)before use of the scaffold is resumed after an incident occurs that may reasonably be expected to affect the stability of the scaffold; and

(c)before use of the scaffold is resumed after repairs; and

(d)at least every 30 days.

Maximum penalty—60 penalty units.

(4)If an inspection indicates that a scaffold at a workplace or its supporting structure creates a risk to health or safety, the person with management or control of the scaffold must ensure that—

(a)any necessary repairs, alterations and additions are made or carried out; and

(b)the scaffold and its supporting structure are inspected again by a competent person before use of the scaffold is resumed.

Maximum penalty—60 penalty units.

(5)The person with management or control of a scaffold at a workplace must ensure that unauthorised access to the scaffold is prevented while the scaffold is incomplete or unattended.

Example—

danger tags and other warning signs

Maximum penalty—60 penalty units.

226Plant with presence-sensing safeguarding system—records

(1)The person with management or control of plant with a presence-sensing safeguarding system at a workplace must keep a record of safety integrity tests, inspections, maintenance, commissioning, decommissioning, dismantling and alterations of the plant for the period set out in subsection (2).

Maximum penalty—

(a)for an individual—12¹/₂ penalty units; or

(b)for a body corporate—60 penalty units.

(2)The record must be kept for—

(a)5 years unless paragraph (b) applies; or

(b)the life of the plant or until the person relinquishes control of the plant if the plant is registered plant or has been altered.

(3)The person must keep the record available for inspection under the Act.

Maximum penalty—

(a)for an individual—12¹/₂ penalty units; or

(b)for a body corporate—60 penalty units.

(4)The person must make the record available to any person to whom the person relinquishes control of the plant.

Maximum penalty—

(a)for an individual—12¹/₂ penalty units; or

(b)for a body corporate—60 penalty units.

s 226 amd 2024 SL No. 15 s 2 sch 1

226A Quad bikes—duty of person with management or control of quad bike at workplace

(1)This section applies to a person with management or control of a quad bike at a workplace.

(2)The person must take all reasonable steps to ensure the quad bike is not operated by a person (the operator) unless the operator—

(a)is at least—

(i)16 years; or

(ii)if a different minimum age for operating the quad bike is recommended by the quad bike’s manufacturer—that age; and

(b)is wearing a crash helmet securely fitted and fastened on the operator’s head.

Maximum penalty—60 penalty units.

(3)The person must take all reasonable steps to ensure the quad bike is not ridden by a passenger unless—

(a)the quad bike is designed to be ridden by a passenger; and

(b)the passenger is at least—

(i)16 years; or

(ii)if a different minimum age for a passenger on the quad bike is recommended by the quad bike’s manufacturer—that age; and

(c)the passenger is wearing a crash helmet securely fitted and fastened on the passenger’s head.

Maximum penalty—60 penalty units.

s 226A ins 2024 SL No. 15 s 3

226B Quad bikes—duty of worker

(1)This section applies if a person with management or control of a quad bike at a workplace gives a worker a crash helmet to wear while the worker is—

(a)operating the quad bike at the workplace; or

(b)riding as a passenger on the quad bike at the workplace.

(2)The worker must wear the crash helmet securely fitted and fastened on the worker’s head while operating the quad bike, or riding as a passenger on the quad bike, at the workplace, if the quad bike is—

(a)moving; or

(b)stationary but not parked.

Maximum penalty—36 penalty units.

(3)For subsection (2), if the crash helmet given to the worker under subsection (1) is not an approved motorbike helmet, the worker may wear an approved motorbike helmet instead of the crash helmet.

s 226B ins 2024 SL No. 15 s 3

226C Approved motorbike helmet required if quad bike operated in particular area

(1)For sections 226A(2)(b) and (3)(c) and 226B(1), if the person with management or control of a quad bike at a workplace knows, or could reasonably be expected to know, that the quad bike may be operated, or ridden by a passenger, on or in any of the following places, the crash helmet must be an approved motorbike helmet—

(a)a road or road-related area;

Note—

See the Transport Operations (Road Use Management—Road Rules) Regulation 2009, section 270.

(b)a State forest or timber reserve;

Note—

See the Forestry Regulation 2024, section 24.

(c)a protected area, other than a nature refuge or a special wildlife reserve;

Note—

See the Nature Conservation (Protected Areas Management) Regulation 2024, section 239.

(d)a recreation area.

Note—

See the Recreation Areas Management Regulation 2024, section 19.

(2)In this section—

nature refuge see the Nature Conservation Act 1992, schedule.

protected area see the Nature Conservation Act 1992, schedule.

recreation area see the Recreation Areas Management Act 2006, schedule.

road see the Transport Operations (Road Use Management) Act 1995, schedule 4.

road-related area see the Transport Operations (Road Use Management—Road Rules) Regulation 2009, section 13.

special wildlife reserve see the Nature Conservation Act 1992, schedule.

State forest see the Forestry Act 1959, schedule 3.

timber reserve see the Forestry Act 1959, schedule 3.

s 226C ins 2024 SL No. 15 s 3

amd 2024 SL No. 200 s 8

Notes—

1The person with management or control of plant at a workplace is the person conducting a business or undertaking at a workplace to the extent that the business or undertaking involves the management or control of plant in whole or in part at the workplace. See the definition of person with management or control of plant at a workplace in schedule 19 and section 21 of the Act.

2This part applies in addition to part 5.1.

3In this part, plant includes a structure, see the definition of plant in schedule 19.

227Application of pt 5.2

(1)This part applies to—

(a)plant that is required to be registered under part 5.3; or

(b)plant the design of which is required to be registered under part 5.3.

(2)Also, section 237(2) to (5) and division 4, subdivision 2 of this part apply to all plant that is an amusement device located in a licensed major amusement park.

s 227 amd 2019 SL No. 27 s 4

228Records and information

If the design of plant is required to be registered under part 5.3, the designer of that plant must make a record that contains—

(a)the method used to determine the control measures for the plant and the control measures that result from that decision; and

(b)a copy of the information provided to a manufacturer under section 22 of the Act in relation to that plant; and

(c)a copy of the information provided to a manufacturer under section 187 in relation to that plant; and

(d)if applicable, a copy of the information provided to a manufacturer under section 188 in relation to that plant.

Maximum penalty—

(a)for an individual—12¹/₂ penalty units; or

(b)for a body corporate—60 penalty units.

s 228 amd 2024 SL No. 15 s 2 sch 1

229Record of standards or engineering principles used

(1)If the design of plant is required to be registered under part 5.3, the designer of the plant must record any published technical standard, including any part of a published technical standard, that was used to design the plant.

Maximum penalty—

(a)for an individual—12¹/₂ penalty units; or

(b)for a body corporate—60 penalty units.

(2)If the designer of the plant has not used published technical standards to design the plant, the designer must record any engineering principles used to design the plant.

Maximum penalty—

(a)for an individual—12¹/₂ penalty units; or

(b)for a body corporate—60 penalty units.

s 229 amd 2024 SL No. 15 s 2 sch 1

230Records to be available for inspection

(1)A designer of plant must ensure that the records made under sections 228 and 229 are kept available for inspection under the Act.

Maximum penalty—

(a)for an individual—12¹/₂ penalty units; or

(b)for a body corporate—60 penalty units.

(2)A designer of plant must ensure that the records are made available for inspection by the design verifier of the plant design.

Maximum penalty—

(a)for an individual—12¹/₂ penalty units; or

(b)for a body corporate—60 penalty units.

(3)A designer of plant must keep the records made under sections 228 and 229 for the design life of the plant.

Maximum penalty—

(a)for an individual—12¹/₂ penalty units; or

(b)for a body corporate—60 penalty units.

s 230 amd 2024 SL No. 15 s 2 sch 1

231Duty of persons conducting businesses or undertakings that manufacture plant

A manufacturer must not supply plant specified in schedule 5, part 1 unless the design of that plant is registered under part 5.3.

Maximum penalty—60 penalty units.

232Duty of persons conducting businesses or undertakings that import plant

An importer must not supply plant stated in schedule 5, part 1 unless the design of that plant is registered under part 5.3.

Maximum penalty—60 penalty units.

233Duty of persons conducting businesses or undertakings that supply plant

A supplier must not supply plant stated in schedule 5, part 1 unless the design of that plant is registered under part 5.3.

Maximum penalty—60 penalty units.

234Duty of persons conducting businesses or undertakings that commission plant

(1)This section applies to a person who conducts a business or undertaking that commissions plant.

(2)The person must not commission an item of plant that is stated in schedule 5, part 2 for use in a workplace unless that item of plant is registered under part 5.3.

Maximum penalty—60 penalty units.

(3)Nothing in subsection (2) prevents a person from performing any necessary adjustments, tests or inspections as part of the commissioning process before the plant is commissioned at a workplace.

235Major inspection of registered mobile cranes and tower cranes

(1)This section applies to the person with management or control of a registered mobile crane or tower crane at a workplace.

(2)The person must ensure that a major inspection of the crane is carried out by, or under the supervision of, a competent person—

(a)at the end of the design life recommended by the manufacturer for the crane; or

(b)if there are no manufacturer’s recommendations—in accordance with the recommendations of a competent person; or

(c)if it is not reasonably practicable to comply with paragraph (a) or (b)—every 10 years from the date that the crane was first commissioned or first registered, whichever occurred first.

Maximum penalty—36 penalty units.

(3)A major inspection carried out under an equivalent provision of a corresponding WHS law is taken to be a major inspection for the purposes of this section.

(4)In this section—

competent person means a person who—

(a)complies with both of the following—

(i)has acquired through training, qualification or experience the knowledge and skills to carry out a major inspection of the crane;

(ii)is registered under a law that provides for the registration of professional engineers; or

(b)is determined by the regulator to be a competent person.

major inspection means—

(a)an examination of all critical components of the crane, if necessary by stripping down the crane and removing paint, grease and corrosion to allow a thorough examination of each critical component; and

(b)a check of the effective and safe operation of the crane.

(5)The regulator may, on the application of a person, make a decision in relation to the person for the purposes of subsection (4), definition competent person, paragraph (b) if the regulator considers that exceptional circumstances exist.

s 235 amd 2013 SL No. 222 s 21

236Lifts

(1)The person with management or control of a lift at a workplace (including a person with management or control of maintenance of a lift) must ensure that—

(a)if there is a risk of a person falling down a lift well—

(i)secure barriers are provided to prevent access to openings into the lift well by someone other than a person who is performing work in the lift well; and

(ii)secure working platforms or equivalent arrangements are provided for a person who is working in the lift well to prevent a fall from height; and

(b)if there is a risk to a person working in a lift well from objects falling onto that person—a secure barrier is provided to prevent, so far as is reasonably practicable, falling objects from striking the person or otherwise causing a risk.

Maximum penalty—36 penalty units.

(2)The person must ensure that there is a safe means of entry to and exit from the base of the lift well.

Maximum penalty—36 penalty units.

(3)The person must ensure that there is fixed, in a prominent place in the lift, a sign that states the safe working load specified in the design of the lift.

Maximum penalty—36 penalty units.

237Records of plant

(1)This section applies in relation to plant that is required to be registered under part 5.3.

(2)The person with management or control of the plant at a workplace must keep a record of all tests, inspections, maintenance, commissioning, decommissioning, dismantling and alterations of the plant for the period set out in subsection (3).

Maximum penalty—

(a)for an individual—12¹/₂ penalty units; or

(b)for a body corporate—60 penalty units.

(3)The record must be kept for the period that the plant is used or until the person relinquishes control of the plant.

(4)The person must keep the record available for inspection under the Act.

Maximum penalty—

(a)for an individual—12¹/₂ penalty units; or

(b)for a body corporate—60 penalty units.

(5)The person must make the record available to any person to whom the person relinquishes control of the plant.

Maximum penalty—

(a)for an individual—12¹/₂ penalty units; or

(b)for a body corporate—60 penalty units.

s 237 amd 2024 SL No. 15 s 2 sch 1

238Operation of amusement devices

(1)The person with management or control of an amusement device at a workplace must ensure that the amusement device is operated only by a person who has been provided with instruction and training in the proper operation of the device mentioned in subsection (3).

Maximum penalty—60 penalty units.

(1A)In addition, the person with management or control of an amusement device at a workplace must ensure that the device is operated only by a person who is a competent person to operate the device.

Maximum penalty—60 penalty units.

(2)The person with management or control of an amusement device at a workplace must ensure that—

(a)the amusement device is checked before it is operated on each day on which it is to be operated; and

(b)the amusement device is operated without passengers before it is operated with passengers on each day on which the amusement device is to be operated; and

(c)the daily checks and operation of the amusement device without passengers are properly and accurately recorded in a log book for the amusement device; and

(d)the device is operated by a person who is clearly identifiable as the operator of the amusement device.

Maximum penalty—60 penalty units.

(3)For subsection (1), the instruction and training must include the following—

(a)procedures for checking the device before it is operated with passengers;

(b)starting, operating and stopping the device under normal conditions;

(c)stopping the device in an emergency;

(d) providing for the safe access of passengers onto or into the device, including how to place, manage and secure passengers;

(e)giving safety instructions about the device to passengers;

(f)providing for the safe exit of passengers off or out of the device, including how to exit the device—

(i)in an emergency; or

(ii)because of a power failure or malfunction of the device.

s 238 amd 2019 SL No. 27 s 5

239Storage of amusement devices

(1)The person with management or control of an amusement device at a workplace must ensure that the device is stored so as to be without risk to health and safety.

Maximum penalty—36 penalty units.

(2)The person with management or control of an amusement device at a workplace must ensure that a person who stores the device is a competent person or is under the supervision of a competent person.

Maximum penalty—36 penalty units.

240Maintenance, inspection and testing of amusement device

(1)The person with management or control of an amusement device at a workplace must ensure that the maintenance, inspection and, if necessary, testing of the amusement device is carried out—

(a)by a competent person; and

(b)in accordance with—

(i)the recommendations of the designer or manufacturer or designer and manufacturer; or

(ii)if a maintenance manual for the amusement device has been prepared by a competent person, the requirements of the maintenance manual.

Maximum penalty—60 penalty units.

(2)A person is not a competent person to carry out a detailed inspection of an amusement device that includes an electrical installation unless the person is qualified, or is assisted by a person who is qualified, to inspect electrical installations.

241Annual inspection of amusement device

(1)The person with management or control of an amusement device at a workplace must ensure that a detailed inspection of the device is carried out at least once every 12 months by a competent person.

Maximum penalty—60 penalty units.

(2)An inspection must include the following—

(a)a check of information about the operational history of the amusement device since the last detailed inspection;

(b)a check of the log book for the amusement device;

(c)a check that maintenance and inspections have been undertaken under section 240;

(d)a check that any required tests have been carried out, and that appropriate records have been maintained;

(e)a detailed inspection of the amusement device to ensure compliance with the Act and this regulation (including a specific inspection of the critical components of the amusement device).

(3)The regulator may extend the date for an inspection by up to 35 days if an inspection is scheduled to coincide with the same event each year.

(4)If the date is extended under subsection (3), the new date is the date from which future annual inspections of the amusement device are determined.

(5)In this section—

competent person means a person who—

(a)in the case of an inflatable device (continuously blown) with a platform height less than 9m—has acquired through training, qualification or experience the knowledge and skills to inspect the plant; or

(b)in the case of any other amusement device—

(i)has the skills, qualifications, competence and experience to inspect the amusement device; and

(ii)is registered under a law that provides for the registration of professional engineers; or

(c)is determined by the regulator to be a competent person.

critical component, of an amusement device, means a component of the device that would, if the component failed to function properly, be likely to cause a risk to the health or safety of a person.

(6)The regulator may, on the application of a person, make a decision in relation to the person for the purposes of subsection (5), definition competent person, paragraph (c) if the regulator considers that exceptional circumstances exist.

(7)An annual inspection under an equivalent provision of a corresponding WHS law is taken to be an annual inspection for the purposes of this section.

s 241 amd 2012 SL No. 203 s 14; 2013 SL No. 222 s 22; 2019 SL No. 27 s 6