{"id":"F2019L00848","name":"Work Health and Safety Exemption (Construction induction training — ASC AWD Shipbuilder Pty Ltd and overseas technical specialists) 2019","slug":"f2019l00848","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":318328,"registerId":"commonwealth-F2019L00848-current","compilationNumber":null,"startDate":"2026-04-08","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1. Name","sectionType":"part","heading":"1. Name","content":"## 1. Name\n\nThis Instrument may be cited as the Work Health and Safety Exemption (Construction induction training — ASC AWD Shipbuilder Pty Ltd and overseas technical specialists) 2019\n\nNOTE: This Instrument is a legislative instrument within the meaning of the Legislative Instruments Act 2003 (see regulation 692(2) of the Work Health and Safety Regulations 2011).","sortOrder":0},{"sectionNumber":"2. Applicant","sectionType":"part","heading":"2. Applicant","content":"## 2. Applicant\n\nThis exemption has been granted on the written application of ASC AWD Shipbuilder Pty Ltd (ASC AWD), being a body corporate prescribed by the Work Health and Safety Act 2011 (WHS Act) as a public authority for the purposes of the WHS Act.","sortOrder":1},{"sectionNumber":"3. Persons to whom the exemptions apply","sectionType":"part","heading":"3. Persons to whom the exemptions apply","content":"## 3. Persons to whom the exemptions apply\n\nThis exemption applies to\n\n(a) ASC AWD; and\n\n(b) technical specialists.\n\nIn this Instrument, technical specialists means persons:\n\n(i) recruited from overseas by ASC AWD; and\n\n(ii) who carry out construction work involving the provision of technical support for the installation, set‑to‑work, integration and testing of platform and combat system hardware equipment fitted to Air Warfare Destroyer ships under construction at ASC AWD’s shipyard at Osborne, South Australia.","sortOrder":2},{"sectionNumber":"4. Circumstances in which the exemptions","sectionType":"part","heading":"4. Circumstances in which the exemptions will apply","content":"## 4. Circumstances in which the exemptions will apply\n\nThe exemptions will apply so that:\n\n(a) ASC AWD:\n\n(i) is not required to ensure that general construction induction training (CIT) (as defined in regulation 5 of the WHS Regulations) is provided to the technical specialists before they carry out construction work (regulation 316);\n\n(ii) may direct or allow the technical specialists to undertake construction work notwithstanding that they have not successfully completed CIT (subregulation 317(1)); and\n\n(iii) is not required to ensure that the technical specialists hold a construction induction training card (CITC) or a general construction induction training certification (GCITC) issued within 60 days before carrying out construction work (subregulation 317(2)); and\n\n(b) Technical specialists will not have to keep available for inspection under the Act:\n\n(i) a CITC (subregulation 326(1)(a); or\n\n(ii) a GCITC held until a decision is made on a CITC application (subregulation 326(1)(b)).\n\nThe exemptions are granted subject to the conditions stated at paragraph 7 below.","sortOrder":3},{"sectionNumber":"5. The thing in relation to which the ex","sectionType":"part","heading":"5. The thing in relation to which the exemptions apply","content":"## 5. The thing in relation to which the exemptions apply\n\nThe exemptions will apply in relation to general construction induction training and evidence of this training which takes the form of a CITC and, where a CITC has yet to be issued, the GCITC.","sortOrder":4},{"sectionNumber":"6. Regulations to which the exemptions a","sectionType":"part","heading":"6. Regulations to which the exemptions apply","content":"## 6. Regulations to which the exemptions apply\n\nThe exemptions will apply in relation to:\n\n(a) regulation 316 and subregulations 317(1) and (2) which impose duties on ASC AWD as the relevant person conducting a business or undertaking; and\n\n(b) subregulation 326(1) which imposes duties on technical specialists (as workers who carry out construction work).","sortOrder":5},{"sectionNumber":"7. Conditions placed on the grant of the","sectionType":"part","heading":"7. Conditions placed on the grant of the exemptions","content":"## 7. Conditions placed on the grant of the exemptions\n\nThe exemptions are granted on the following conditions:\n\n1) ASC AWD provides work health and safety induction training (ASC safety induction training) to the technical specialists before they carry out construction work.\n\n2) ASC AWD must ensure that the ASC safety induction training:\n\n(a) is provided by trainers who hold at least a Certificate IV in training and assessment (or equivalent);\n\n(b) includes the following subject areas:\n\n(i) the roles, responsibilities and rights of duty‑holders under the WHS Act and WHS Regulations;\n\n(ii) health and safety consultation and reporting processes;\n\n(iii) the principles of risk management;\n\n(iv) common construction hazards and control measures;\n\n(v) safety information and documentation;\n\n(c) includes a WHS tour of the workplace at ASC AWD’s shipyard at Osborne, South Australia;\n\n(d) caters for technical specialists who are not fully conversant in English by providing them with a suitable interpreter during training; and\n\n(e) requires the technical specialists to achieve a mark of at least 80% in a written examination upon completion of the training.\n\n3) ASC AWD must maintain documents of course content of the ASC safety induction training.\n\n4) ASC AWD must keep a record, until the completion of the Air Warfare Destroyer Program, for each technical specialist showing that he or she successfully completed the ASC safety induction training.\n\n5) ASC AWD may only issue a site security pass to technical specialists upon their satisfactory completion of ASC safety induction training.","sortOrder":6},{"sectionNumber":"8. Replace and repeal","sectionType":"part","heading":"8. Replace and repeal","content":"## 8. Replace and repeal\n\nThis instrument replaces and repeals Work Health and Safety Exemption (Construction Induction Training — ASC AWD Shipbuilder Pty Ltd and overseas technical specialists) (September 2014) - F2014L01195.","sortOrder":7},{"sectionNumber":"9. Commencement date","sectionType":"part","heading":"9. Commencement date","content":"## 9. Commencement date\n\nThis instrument commences on the day after it is registered on the Federal Register of Legislative Instruments.","sortOrder":8},{"sectionNumber":"10. Expiration date","sectionType":"part","heading":"10. Expiration date","content":"## 10. Expiration date\n\nThis instrument expires on 30 September 2020, or upon completion of the Air Warfare Destroyer program—whichever is earlier—unless the expiration date is amended or the exemptions are cancelled under regulation 697 of the WHS Regulations.","sortOrder":9}],"analysis":{"summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument reissues an exemption previously granted in September 2014 (F2014L01195) for the same applicant and project, with identical conditions. It therefore does not alter legal obligations beyond continuing the existing exemption."},"complexity_factors":["Narrow exemption limited to one named body corporate and a defined class of overseas workers","Applies only to a single defence shipbuilding project at a specific location","Replaces a previous exemption from 2014 with substantially the same conditions","Imposes detailed, tailored safety induction conditions in place of the general regulatory requirement","Has a fixed expiration date linked to project completion"],"plain_english_summary":"This instrument grants ASC AWD Shipbuilder a narrow, time-limited exemption from the standard construction induction (white card) requirements for overseas \"technical specialists\" working on the Air Warfare Destroyer build at Osborne. It allows those specialists to start work without a general white card only because ASC AWD must instead provide a specified, documented WHS induction (qualified trainers, site tour, interpreter where needed, 80% pass, records) and issue site passes after completion.\n\nThe exemption applies only to this project and expires by 30 Sept 2020 or when the program ends."}},"importantCases":[],"_links":{"self":"/api/acts/f2019l00848","history":"/api/acts/f2019l00848/history","analysis":"/api/acts/f2019l00848/analysis","conflicts":"/api/acts/f2019l00848/conflicts","importantCases":"/api/acts/f2019l00848/important-cases","documents":"/api/acts/f2019l00848/documents"}}