WORK HEALTH AND SAFETY REGULATIONS 2011 (SLI NO 262 OF 2011) - REG 107 Matters taken into account
WORK HEALTH AND SAFETY REGULATIONS 2011 (SLI NO 262 OF 2011) - REG 107
Matters taken into account(1) In making a decision under regulation 106, the regulator must have regard to:
(a) any submissions made by the licence holder under regulation 108; and
(b) any advice received from a corresponding regulator.
(2) For paragraph 106 (1) (a), the regulator must have regard to all relevant matters, including the following:
(a) any offence under:
(i) the Act, these Regulations or a former law of the Commonwealth or a State that deals with occupational health and safety; or
(ii) any corresponding WHS law;
of which the licence holder has been convicted or found guilty
Note Division 3 of Part VIIC of the Crimes Act 1914 provides that a person is not required to disclose a conviction which is spent in accordance with that Act.
(b) in relation to any equivalent licence applied for or held by the licence holder under a corresponding WHS law:
(i) any refusal to grant the licence; and
(ii) any conditions imposed on the licence, if granted; and
(iii) any suspension or cancellation of the licence, if granted, including any disqualification from applying for any licence;
(c) any enforceable undertaking the licence holder has entered into under:
(i) the Act, these Regulations or a former law of the Commonwealth or a State that deals with occupational health and safety; or
(ii) any corresponding WHS law;
(d) the licence holder's record in relation to any matters arising under :
(i) the Act, these Regulations or a former law of the Commonwealth or a State that deals with occupational health and safety; or
(ii) any corresponding WHS law;