South Australian Current Regulations

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WORK HEALTH AND SAFETY REGULATIONS 2012 - REG 676

676—Which decisions under these regulations are reviewable

        (1)         The following table sets out:

            (a)         decisions made under these regulations that are reviewable under this Part ("reviewable decisions"); and

            (b)         who is eligible to apply for review of a reviewable decision (the "eligible person").


Item

Regulation under which reviewable decision is made

Eligible person in relation to reviewable decision


High risk work licences


1

89—Refusal to grant licence

Applicant

2

91—Refusal to grant licence

Applicant

2A

91A—Imposition of condition when granting licence

Applicant

2B

91A—Imposition of condition when renewing licence

Applicant

3

98—Refusal to issue replacement licence document

Licence holder

4

104—Refusal to renew licence

Applicant

5

106—Suspension of licence

Licence holder

6

106—Cancellation of licence

Licence holder

7

106—Disqualification of licence holder from applying for another licence

Licence holder

7A

106—Variation of licence conditions

Licence holder


Accreditation of assessors


8

118—Refusal to grant accreditation

Applicant



An RTO that engages the applicant

9

120—Refusal to grant accreditation

Applicant



An RTO that engages the applicant

10

121—Imposition of a condition when granting accreditation

Applicant



An RTO that engages the applicant

11

121—Imposition of a condition when renewing accreditation

Applicant



An RTO that engages the applicant

12

127—Refusal to issue replacement accreditation document

Accredited assessor



An RTO that engages the accredited assessor

13

132—Refusal to renew accreditation

Applicant



An RTO that engages the applicant

14

133—Suspension of accreditation

Accredited assessor



An RTO that engages the accredited assessor

15

133—Cancellation of accreditation

Accredited assessor



An RTO that engages the accredited assessor

16

133—Disqualification of assessor from applying for a further accreditation

Accredited assessor



An RTO that engages the accredited assessor


Registration of plant designs


17

256—Refusal to register plant design

Applicant

18

257—Refusal to register plant design

Applicant

19

258—Imposition of a condition when granting registration of plant design

Applicant


Registration of plant


20

269—Refusal to register item of plant

Applicant



The person with management or control of the item of plant

21

270—Refusal to register item of plant

Applicant



The person with management or control of the item of plant

22

271—Imposition of a condition when granting registration of item of plant

Applicant



The person with management or control of the item of plant

23

271—Imposition of a condition when renewing registration of item of plant

Registration holder



The person with management or control of the item of plant

24

279—Refusal to renew registration of item of plant

Registration holder



The person with management or control of the item of plant

25

283—Amendment of registration, on regulator's initiative

Registration holder



The person with management or control of the item of plant

26

284—Refusal to amend registration on application (or a decision to make a different amendment)

Registration holder



The person with management or control of the item of plant

27

288—Refusal to issue replacement registration document

Registration holder



The person with management or control of the item of plant

27A

288B—Decision to cancel registration

Registration holder



The person with management or control of the item of plant


General construction induction training


28

322—Refusal to issue general construction induction training card

Applicant

29

322—Refusal to issue replacement general construction induction training card

Card holder

30

323—Cancellation of general construction induction training card

Card holder


Hazardous chemicals and lead


31

384—Refusal to grant authorisation to use, handle or store a prohibited or restricted carcinogen

Applicant

32

386—Cancellation of authorisation to use, handle or store a prohibited or restricted carcinogen

Authorisation holder

33

393—Deciding a process to be a lead process

A person conducting a business or undertaking that carries out the lead process



A worker whose interests are affected by the decision

34

407—Determining a different frequency for biological monitoring of workers at a workplace, or a class of workers, carrying out lead risk work

A person conducting a business or undertaking that carries out lead risk work



A worker whose interests are affected by the decision


Asbestos removal licences and asbestos assessor licences


35

497—Refusal to grant licence

Applicant

36

501—Refusal to grant licence

Applicant

37

502—Imposition of a condition when granting licence

Applicant

38

502—Imposition of a condition when renewing licence

Applicant

39

508—Amendment of licence, on regulator's initiative

Licence holder

40

509—Refusal to amend licence on application (or a decision to make a different amendment)

Licence holder

41

513—Refusal to issue replacement licence document

Licence holder

42

517—Refusal to renew licence

Applicant

43

520—Suspension of licence

Licence holder

44

520—Cancellation of licence

Licence holder

45

520—Disqualification of licence holder from applying for another licence

Licence holder


Major hazard facilities



Determination of facility to be major hazard facility


46

541—Determination of facility to be a major hazard facility, on making inquiry

Operator of facility

47

541—Decision not to determine proposed facility to be a major hazard facility

Operator of facility

48

542—Determination of major hazard facility

Operator of facility

49

543—Determination of suitability of operator

Operator of facility

50

544—Imposition of a condition on a determination of a major hazard facility

Operator of facility


Licensing of major hazard facility


51

580—Refusal to grant licence

Operator of facility

52

584—Imposition of a condition when granting licence

Operator of facility

53

584—Imposition of a condition when renewing licence

Operator of facility

54

589—Amendment of licence, on regulator's initiative

Operator of facility

55

590—Refusal to amend licence, on application (or a decision to make a different amendment)

Operator of facility

56

594—Refusal to issue replacement licence document

Operator of facility

57

598—Refusal to renew licence

Operator of facility

58

600—Refusal to transfer licence, on application

Operator of facility



Proposed operator of facility

59

601—Refusal to cancel licence, on application

Operator of facility

60

602—Suspension of licence

Operator of facility

61

602—Cancellation of licence

Operator of facility

62

602—Disqualification of licence holder from applying for another licence

Operator of facility


Exemptions


63

684—Refusal to exempt person (or a class of persons) from compliance with any of these regulations

Applicant

64

686—Refusal to exempt person from requirement to hold a high risk work licence

Applicant

65

688—Refusal to exempt operator of MHF from compliance with any of these regulations, on application

Operator of facility

66

691—Imposing condition on an exemption granted on application under Part 11.2

Applicant

67

696—Refusal to grant exemption

Applicant

68

697—Amendment of an exemption granted on application under Chapter 11 Part 2

Applicant

69

697—Cancellation of an exemption granted on application under Chapter 11 Part 2

Applicant

        (2)         Unless the contrary intention appears, a reference in this Part to a decision includes a reference to—

            (a)         making, suspending, revoking or refusing to make an order, determination or decision; or

            (b)         giving, suspending, revoking or refusing to give a direction, approval, consent or permission; or

            (c)         granting, issuing, amending, renewing, suspending, cancelling, revoking or refusing to grant, issue, amend or renew an authorisation; or

            (d)         imposing or varying a condition; or

            (e)         making a declaration, demand or requirement; or

            (f)         retaining, or refusing to deliver up, a thing; or

            (g)         doing or refusing to do any other act or thing; or

            (h)         being taken to refuse or do any act or thing.



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