Victorian Repealed Regulations

This legislation has been repealed.

Occupational Health and Safety (Certification of Plant Users and Operators) Regulations 1994 - SECT 11

How to apply for a notice of equivalent competency

11. How to apply for a notice of equivalent competency



(1) A person may apply to a certificate assessor for a notice stating that the
person has qualifications, learning or experience that give the person
competency equivalent to the competency needed to obtain a particular
certificate of competency.

(2) An application must-

   (a)  be in the form determined by the Authority; and





   (b)  be accompanied by-

   (i)  evidence that the applicant is at least 18 years of age or has been
        exempted from this requirement under regulation 9; and

   (ii) a declaration as to whether the applicant has had any
        certificate of competency or equivalent certificate suspended or
        cancelled by the Authority or any statutory authority within the past
        5 years; and

   (iii) any documents needed to support any information supplied on that form
        (if required by that form).

(3) The certificate assessor must assess the application in accordance with
the guidelines (if any) on equivalent qualifications or prior learning or
experience that the Authority may, from time to time, issue to the
certificate assessor.

Penalty: 100 penalty units.

(4) The certificate assessor must issue a notice under this regulation to an
applicant if the certificate assessor is satisfied that the applicant has
qualifications, learning or experience that give him or her competency
equivalent to the competency needed to obtain a particular
certificate of competency.

(5) If the certificate assessor is not so satisfied, the certificate assessor
must-

   (a)  refuse the application; or

   (b)  require the applicant to obtain a competency assessment of any
        necessary skill or knowledge the certificate assessor is not satisfied
        the applicant possesses.

(6) The certificate assessor must give the applicant written reasons for any
action taken by the certificate assessor under sub-regulation (5) and must
invite the applicant to be heard by the certificate assessor in relation to
the refusal to grant the application.

(7) An application under this regulation may be made to the Authority and in
such a case, a reference in this regulation (except sub-regulation (3)) to a
certificate assessor is to be read as a reference to the Authority.

(8) An application to the Authority under this regulation must be accompanied
by a fee of $22.