Victorian Repealed Regulations

This legislation has been repealed.

Occupational Health and Safety (Certification of Plant Users and Operators) Regulations 1994 - SECT 9

Authority may grant exemptions

9. Authority may grant exemptions



(1) The Authority may, by written notice published in the Government Gazette,
exempt any person or class of person from the operation of regulation 7(1) if
the Authority is satisfied that the work can be performed as safely by a
person who does not hold a relevant certificate of competency as it could be
performed by a person who holds such a certificate.

(2) An employer may apply to the Authority to be exempted from the operation
of regulation 7(2) in respect of particular work to be performed on behalf of
the employer.

(3) If the Authority-





   (a)  is satisfied that the work can be performed as safely by a person who
        does not hold a relevant certificate of competency as it could be
        performed by a person who holds such a certificate, the Authority may
        give the employer a written notice granting the exemption and
        specifying the work that may be performed on behalf of the employer by
        employees who do not hold the relevant certificate; or

   (b)  is not so satisfied, the Authority must give the employer a written
        notice stating that opinion.



(4) A person may apply to the Authority to be exempted-

   (a)  from having to hold a certificate of competency in relation to any
        work or class of work referred to in regulation 7(1); or

   (b)  from the requirement to have attained 18 years of age before obtaining
        a certificate of competency.

(5) In considering such an application for exemption, the Authority may
require the applicant to obtain an assessment of competency from a
certificate assessor in relation to any skill or knowledge that the Authority
believes that the applicant should have to carry out the work for which the
exemption is being sought.

(6) In the case of an application made under sub-regulation (4)(a)-

   (a)  if the Authority is satisfied that the work can be performed as safely
        by a person who does not hold a relevant certificate of competency as
        it could be performed by a person who holds such a certificate, the
        Authority may give the applicant a written notice granting the
        exemption and specifying the work that may be performed without the
        relevant certificate; or

   (b)  if the Authority is not so satisfied, the Authority must give the
        applicant a written notice stating that opinion.



(7) In the case of an application made under sub-regulation (4)(b)-

   (a)  if the Authority is satisfied that the work can be performed as safely
        by a person under 18 years of age as it could be performed by an
        adult, the Authority may give the applicant a written notice granting
        the exemption and specifying the work that may be performed by the
        applicant; or

   (b)  if the Authority is not so satisfied, the Authority must give the
        applicant a written notice stating that opinion.



(8) An application for an exemption under this regulation must be in the form
determined by the Authority and must be accompanied by any information
required by the Authority.

(9) The Authority may provide for an exemption under this regulation to apply
to all of the work or part of the work that would normally be required to be
performed by a person with a relevant certificate of competency.

(10) The Authority may impose conditions on an exemption, and may vary the
conditions, at any time by way of a written notice.



(11) An exemption or condition takes effect-

   (a)  in the case of an exemption under sub-regulation (1), on the day on
        which a notice of the exemption or condition is published in the
        Government Gazette; or

   (b)  in the case of an application under sub-regulation (2) or (4), on the
        day on which the applicant is given written notice of the exemption or
        condition.

(12) The Authority may revoke an exemption.





(13) A revocation, or variation of the conditions, of an exemption takes
effect-

   (a)  on the day on which a notice of the revocation or variation is
        published in the Government Gazette; or

   (b)  on the day on which a person to whom the exemption applies is given
        written notice of the revocation or variation.

(14) The fee to be charged for the consideration of an application under this
regulation is to be calculated at a rate of $50 for each hour, or part of an
hour, taken to assess the application up to a maximum of $400.