Victorian Repealed Regulations

This legislation has been repealed.

Occupational Health and Safety (Certification of Plant Users and Operators) Regulations 1994 - SECT 18

Suspension or cancellation of certificates

18. Suspension or cancellation of certificates



(1) The Authority may suspend or cancel a certificate of competency if the
Authority is satisfied-



   (a)  that the certificate holder is no longer competent to perform the work
        authorised by the certificate without risk to the certificate holder's
        health or safety or the health or safety of other people; or

   (b)  that the certificate holder has been convicted of an offence-

   (i)  under the Act or any regulations made under the Act; or

   (ii) under an equivalent Act of another Australian jurisdiction or any
        regulations made under that Act- which relates to the work carried out
        under that certificate of competency; or

   (c)  that the certificate was obtained on the basis of false or misleading
        information or a failure to disclose particular information.









(2) The Authority must not suspend or cancel a certificate of competency
unless-





   (a)  the Authority has given the certificate holder a written notice-

   (i)  stating that the Authority believes that a ground for the suspension
        or cancellation exists; and

   (ii) specifying the ground and outlining the facts and circumstances that
        form the basis of the Authority's belief that the ground exists; and

   (iii) in the case of an intention to suspend, specifying the proposed
        suspension period; and

   (iv) inviting the certificate holder to be heard by the Authority and
        provide reasons, within a specified time of not less than 14 days, why
        the certificate should not be suspended or cancelled; and

   (b)  either-

   (i)  the certificate holder fails to provide, within the time specified in
        the notice, reasons why the certificate should not be suspended or
        cancelled; or

   (ii) after considering all material submitted to the Authority by, or on
        behalf of, the certificate holder, the Authority still believes that a
        ground for suspension or cancellation exists.

(3) If the notice given by the Authority under sub-regulation (2)(a) stated
that the Authority intended to suspend a certificate, the Authority may
suspend the certificate for the period specified in the notice under
sub-regulation (2)(a)(iii) or for any shorter period that the Authority
considers appropriate.

(4) If the notice given by the Authority under sub-regulation (2)(a) stated
that the Authority intended to cancel the certificate, the Authority may
instead suspend the certificate for any period that the Authority considers
appropriate.

(5) If the Authority, after undertaking any processes referred to in
sub-regulation (2), decides to suspend or cancel a certificate, the Authority
must give the certificate holder a written notice advising him or her of the
decision and setting out the reasons for the decision.

(6) The suspension or cancellation of the certificate takes effect-

   (a)  14 days after the day on which the certificate holder is given the
        notice referred to in sub-regulation (5); or

   (b)  on any later day specified in the notice.