Australian Capital Territory Numbered Regulations

OCCUPATIONAL HEALTH AND SAFETY (CERTIFICATION OF PLANT USERS AND OPERATORS) REGULATIONS 2000 (2000 NO 48) - REG 28

(1)      The commissioner may suspend a certificate or an endorsement immediately if the commissioner believes—

        (a)     a ground exists to suspend or cancel the certificate; and

        (b)             the health or safety of the holder or someone else may be endangered if the commissioner does not do so.

(2)      The suspension—

        (a)     must be effected by written notice (a suspension notice ) given to the licensee; and

        (b)     operates immediately the suspension notice is given; and

        (c)     continues to operate until the notice under subregulation (4) is finally dealt with.

(3)      The commissioner may suspend a certificate or an endorsement for a term not longer than 28 days beginning on the day after the suspension notice is received by the holder of the certificate.

(2)           A suspension notice must—

    a     state the term of the suspension; and

    b     tell the holder that the holder may make representations to the commissioner why the suspension should be cancelled.

(3)           If, after considering any representations made by the holder of the certificate, the commissioner is satisfied that the suspension should be cancelled, the commissioner must, by written notice given to the holder, cancel the suspension.

32.           Notice of decisions

(1)      If the commissioner makes a decision—

        (a)     to refuse to issue a certificate of competency or add an endorsement to a certificate; or

        (b)     to place conditions on a certificate of competency; or

        (c)     to suspend or cancel a certificate of competency or an endorsement; or

        (d)     to refuse to accredit a person as an assessor or add an endorsement to a certificate of accreditation; or

        (e)     to place conditions on a certificate of accreditation; or

        (f)     to immediately suspend a certificate of accreditation or an endorsement; or

        (g)     to suspend or cancel a person's certificate of accreditation or an endorsement; or

        (h)     to refuse to give an exemption;

the commissioner must give written notice of the decision and the reasons for the decision to the person affected by the decision.

(2)      If an assessor who is a public employee makes a decision to refuse to issue a notice of satisfactory assessment, the commissioner must give written notice of the decision and the reasons for the decision to the person affected by the decision.