Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered RegulationsA certificate of accreditation is subject to any conditions stated in the certificate.
25. Endorsements on certificates of accreditation
A certificate of accreditation must be endorsed with a statement of the kinds of assessments the assessor is authorised to do.
26. Duration of certificate of accreditation
(1) A certificate of accreditation is in force for a period of not longer than 3 years unless sooner surrendered or cancelled.
(2) However, a certificate is not in force when it is suspended.
4. Doing work without a certificate of competency
(1) A person must not do scheduled work unless the person holds a certificate of competency for the work.
Maximum penalty: 10 penalty units.
(2) Subregulation (1) does not apply—
a to a trainee, if the work is done by the trainee in accordance with Division 2.3 (Trainees); or
c to a person (other than a person doing scaffolding, dogging or rigging work) who—
i is testing, trialing, installing, commissioning, maintaining, servicing, repairing, altering or disposing of plant; or
ii is operating or using plant for a purpose other than to perform scheduled work; or
d to a person installing or dismantling a crane or hoist, if the work consists of positioning integral outriggers or stabilisers.
5. Breach of conditions of certificate of competency
The holder of a certificate of competency must comply with the conditions to which the certificate is subject.
Maximum penalty: 10 penalty units.
Note The effect of section 345 of the Crimes Act 1900 is that a person who aids, abets, counsels or procures, or by act or omission is in any way directly or indirectly knowingly concerned in, or party to, the commission of an offence is deemed to have committed the offence. For example, an employer who aided or abetted or counselled or procured an employee to do scheduled work without a certificate of competency (clause 25) or contrary to the conditions of a certificate of competency (clause 26) would also commit the offence.
15. Suspension or cancellation
(1) The commissioner may suspend or cancel a certificate of competency or an endorsement, if satisfied that—
(a) the holder of the certificate—
(i) is not competent to do a kind of work endorsed on the certificate; or
(ii) can no longer be relied on to do a kind of work endorsed on the certificate without endangering the health or safety of the holder or someone else; or
(iii) has contravened these regulations; or
(b) the certificate was obtained on the basis of false or misleading information or a failure to give required information.
(1) The commissioner may suspend or cancel a certificate of accreditation or an endorsement—
a if satisfied that—
i the assessor is not competent to perform an assessment; or
ii the assessor's accreditation was obtained on the basis of false or misleading information or a failure to give required information; or
b if the assessor has been convicted of an offence against—
(i) the Act or any regulations under the Act; or
(ii) a corresponding law or any regulations under a corresponding law; or
c if the assessor has assessed the competency of a person—
i otherwise than in accordance with the guidelines issued by the commissioner in relation to the conduct of assessments; or
ii if an assessor has performed an assessment under a corresponding law—otherwise than as required by that law or any guidelines in force under that law.
(3) Before suspending or cancelling a certificate or an endorsement, the commissioner must by written notice given to the holder, tell the holder—
a of the proposed suspension or cancellation; and
b that the holder may, within 14 days after the notice of the suspension or cancellation is given, give reasons why the certificate or an endorsement on the certificate should not be suspended or cancelled.
(3) The commissioner may, after having regard to any representations made by the holder, by written notice given to the holder—
a suspend the certificate for a stated period; or
b cancel the certificate; or
(c) suspend an endorsement on the certificate; or
c cancel an endorsement on the certificate.
(4) A suspension or cancellation takes effect on the day when notice of the suspension or cancellation is received by the person holding the certificate or, if the notice states a later day of effect, that day.
(6) If the commissioner suspends a certificate, or an endorsement on a certificate, the commissioner may require the holder to surrender the certificate within 14 days after notice of the suspension is given.
(7) The commissioner must return a certificate surrendered under subregulation (6) at the end of the suspension if the certificate has not been further suspended or cancelled.
(8) If the commissioner cancels an endorsement on a certificate, the commissioner must issue a new certificate to the holder.
(9) The holder of a certificate must—
a if the certificate is cancelled—surrender the certificate to the commissioner within 14 days after the holder receives notice of the cancellation; or
b if an endorsement on a certificate is cancelled—surrender the previous certificate within 14 days after the new certificate is received by the holder.
Maximum penalty (subregulation (9)): 5 penalty units.