WORK HEALTH AND SAFETY ACT 2011 - SECT 44 Requirements for prescribed qualifications or experience

WORK HEALTH AND SAFETY ACT 2011 - SECT 44

    (1)     A person must not carry out work at a workplace if—

        (a)     a regulation requires the work, or class of work, to be carried out by, or under the supervision of, a person who has prescribed qualifications or experience; and

        (b)     the person does not have the prescribed qualifications or experience or the work is not carried out under the supervision of a person who has the prescribed qualifications or experience.

Maximum penalty:

        (a)     in the case of an individual—$20 000; or

        (b)     in the case of a body corporate—$100 000.

Note     Strict liability applies to each physical element of this offence (see  s 12A).

    (2)     A person who conducts a business or undertaking must not direct or allow a worker to carry out work at a workplace if—

        (a)     a regulation requires the work, or class of work, to be carried out by, or under the supervision of, a person who has prescribed qualifications or experience; and

        (b)     the worker does not have the prescribed qualifications or experience or the work is not carried out under the supervision of a person who has the prescribed qualifications or experience.

Maximum penalty:

        (a)     in the case of an individual—$20 000; or

        (b)     in the case of a body corporate—$100 000.

Note     Strict liability applies to each physical element of this offence (see  s 12A).