Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulations(1) The chief executive may, on application by the holder of a certificate of competency, convert the certificate to a licence to carry out a class of high risk work that corresponds with the work for which the certificate was issued.
Note If a form is approved under the Act, s 229 for this provision, the form must be used.
(2) The application must be accompanied by the following:
(a) the certificate of competency to be converted, or proof that the applicant holds the certificate;
(b) evidence of current competency in the class of high risk work for which the application is made;
(c) a statutory declaration stating whether the applicant, in the 5 years before the day the application is made—
(i) has held a certificate of competency, a licence to carry out high risk work, or a recognised qualification to carry out high risk work under a corresponding law that has been suspended or cancelled; and
(ii) has been convicted or found guilty of a serious offence under the Occupational Health and Safety Act 1989 , the Work Safety Act 2008 , the Crimes Act 1900 , part 2A (Industrial manslaughter) or a corresponding offence against the law of a State;
Note State includes the Northern Territory (see Legislation Act, dict, pt 1, def State ).
(d) any other document or further information required by the chief executive that is relevant to the application.
Note A fee may be determined under the Act, s 228 for this provision.
(3) If the holder of a certificate of competency applies to covert the certificate to a licence to carry out a class of high risk work, the chief executive must—
(a) issue the licence; or
(b) refuse to issue the licence.
(4) The chief executive must issue the licence to the person if satisfied that the person—
(a) has a valid certificate of competency for work that corresponds with the class of high risk work; and
(b) has the necessary competency to carry out the class of high risk work; and
(c) does not hold a licence to carry out high risk work; and
(d) does not hold a certificate of competency, a licence to carry out high risk work, or a recognised qualification to carry out high risk work under a corresponding law, that is or has been suspended in the 5 years before the day the application was made; and
(e) has not held a certificate of competency, a licence to carry out high risk work, or a recognised qualification to carry out high risk work under a corresponding law, that has been cancelled in the 5 years before the day the application was made; and
(f) has not been convicted or found guilty of a serious offence under the Occupational Health and Safety Act 1989 , the Work Safety Act 2008 , the Crimes Act 1900 , part 2A (Industrial manslaughter) or a corresponding offence against the law of a State in the 5 years before the day the application was made.
Note State includes the Northern Territory (see Legislation Act, dict, pt 1, def State ).
(5) However, the chief executive must not issue a licence to convert a certificate of competency for a tower crane to a licence to carry out self-erecting tower crane work.