Victorian Repealed Regulations

This legislation has been repealed.

Occupational Health and Safety (Certification of Plant Users and Operators) Regulations 1994 - SECT 26

Suspension or cancellation of authorisation

26. Suspension or cancellation of authorisation



(1) The Authority may suspend or cancel the authorisation of a person to be a
certificate assessor if the authorisation was issued by the Authority and it
is satisfied-

   (a)  that the person is no longer able to competently perform the functions
        of a certificate assessor; or

   (b)  that the certificate assessor 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 any work for which the certificate assessor is authorised to
carry out competency assessments; or

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

   (d)  that the certificate assessor conducted assessments in a manner not in
        accordance with assessment instruments or guidelines issued by the
        Authority; or

   (e)  in the case of a certificate assessor authorised by the Authority and
        conducting assessments in another Australian jurisdiction, that the
        certificate assessor conducted assessments in a manner not in
        accordance with assessment instruments or guidelines issued by the
        relevant statutory authority in that other jurisdiction.

(2) The Authority must not suspend or cancel a person's authorisation unless-





   (a)  the Authority has given the person 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 person to be heard by the Authority and provide reasons,
        within a specified time of not less than 14 days, why the
        authorisation should not be suspended or cancelled; and

   (b)  either-

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

   (ii) after considering all material submitted to the Authority by, or on
        behalf of, the person, 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 the authorisation, the Authority may
suspend the authorisation 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 authorisation, the Authority may
instead suspend the authorisation 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 an authorisation as a
certificate assessor, the Authority must give the person 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 authorisation takes effect-

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

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

(7) The Authority may suspend or cancel an authorisation with respect to one
or more types of competency assessments that the certificate of authorisation
authorises.