Victorian Repealed Regulations

This legislation has been repealed.

Occupational Health and Safety (Certification of Plant Users and Operators) Regulations 1994 - SECT 12

How to apply for an assessment of competency

12. How to apply for an assessment of competency



(1) A person may apply to a certificate assessor for an assessment of the
person's competency to safely perform the work to which a
certificate of competency relates to the standard set by the relevant
competency standard.

(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.

(3) A person may also apply to a certificate assessor for an assessment of any
skill or knowledge that has been required under regulation 11(5)(b) or for any
assessment required by the Authority under regulation 9(5).

(4) Such an application must be in the form determined by the Authority.



(5) The certificate assessor must carry out an assessment for the purposes of
this regulation in accordance with the assessment instruments and guidelines
that the Authority may, from time to time, issue to the certificate assessor.

Penalty: 100 penalty units.

(6) The Authority may include in the assessment instruments-

   (a)  techniques for directly observing the applicant's performance of the
        work or skill under workplace conditions;

   (b)  simulated work related tasks to be performed;

   (c)  checklists to be completed by the applicant;

   (d)  projects or assignments to be completed by the applicant;

   (e)  test questions;

   (f)  any other methods of assessment.

(7) In the case of applications made under sub-regulation (1)-

   (a)  if, after carrying out an assessment of the applicant, the
        certificate assessor is satisfied that the applicant can meet the
        performance criteria that apply to each element of competency in the
        relevant competency standard under workplace conditions, he or she
        must give the applicant a written notice stating that he or she is of
        that opinion; or

   (b)  if the certificate assessor is not so satisfied, he or she must give
        the applicant a written notice stating that opinion and the reasons
        why he or she is of that opinion.

(8) In the case of applications made under sub-regulation (3)-

   (a)  if, after carrying out an assessment of the applicant, the
        certificate assessor is satisfied the applicant possesses the skill or
        knowledge assessed, he or she must give the applicant a written notice
        stating that he or she is of that opinion; or

   (b)  if the certificate assessor is not so satisfied, he or she must give
        the applicant a written notice stating that opinion and the reasons
        why he or she is of that opinion.

(9) An applicant is entitled to be heard by the certificate assessor in
relation to any action taken under sub-regulation (7)(b) or (8)(b).