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Revoking of licences and certificates

Revoking/suspending of licences/certificates for high risk work, earthmoving or particular crane occupations and prescribed activities

The revoking of licences/certificates is an option that may be taken by the chief executive of this Department. It is typically used for repeat offenders or where the offence was of a nature that exposed persons to extreme risk or where other penalties have not resulted in changes that reduce risk.

Suspension of licences/certificates is an option used where minor breaches of the Act or Regulation have been detected and the chief executive deems the suspension of that licence/certificate to be appropriate. The period of suspension will be based on the nature and circumstances of the breach.

The chief executive may issue a written notice to 'show cause', stating that the chief executive is considering suspending or cancelling a licence/certificate.

There is an opportunity to respond to the 'show cause' notice, giving reasons why the licence/certificate should not be suspended or cancelled.

The Workplace Health and Safety Act 1995 establishes the Licensing Review Committee to review inspectors’ decisions and the chief executive’s decision to issue a ‘show cause’ notice and to take appropriate disciplinary action against holders of occupational licences. The committee has the power to order a wide range of disciplinary actions, including cautions, orders to undertake training, fines, suspension and cancellation.

An application for a decision to be reviewed must be made by the licence holder in the approved form within 14 days after the decision is received. The application must be supported by enough information to decide the application.

The Licensing Review Committee must notify the licence holder by written notice that the application contains sufficient information for the decision to be reviewed. The Licensing Review Committee must review the decision within 14 days after giving the written notice and make the review decision (confirm, vary or set aside). The licence holder will be advised of the new decision within 14 days of the new decision being made.