Victorian Repealed Regulations

This legislation has been repealed.

Occupational Health and Safety (Certification of Plant Users and Operators) Regulations 1994 - SECT 29

Decisions of a certificate assessor

29. Decisions of a certificate assessor



(1) Any person who is affected by a decision of a certificate assessor to
refuse to issue a notice of equivalent competency under regulation 11 is
entitled-

   (a)  to be heard by the certificate assessor in relation to that decision
        and to be given reasons for that decision; and

   (b)  to apply to the Authority for a review of that decision.



(2) Any person applying for an assessment of competency who is affected by an
action of a certificate assessor under regulation 12(7)(b) or (8)(b) is
entitled, in addition to the entitlements under regulations 12(7)(b), (8)(b)
and (9), to apply to the Authority for a review of the decision that lead to
that action.



(3) Applications under sub-regulations (1)(b) or (2) must be made within 14
days of the date that the person is given written notice of the final decision
of the certificate assessor.

(4) Despite anything to the contrary in these Regulations, if a person applies
under sub-regulation (1)(b) or (2) for a review of a decision of a
certificate assessor within the specified 14 day period, the decision has no
effect until-

   (a)  the application is withdrawn by the person; or

   (b)  the person is given a document setting out the terms of the decision
        of the Authority on the application.



(5) Sub-regulation (1)(a) does not apply to any person who has been given an
opportunity to be heard previously by the certificate assessor in relation to
that decision.

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