55ASkill assessment of licensees

55A Skill assessment of licensees (1) This section applies— (a) if the registrar believes on reasonable grounds that— (i) a ground for occupational discipline mentioned in section 55 (1) (a) exists in relation to a licensee; and

(ii) requiring the licensee to be assessed as mentioned in subsection (2) would assist the registrar to exercise the registrar’s functions under section 56 (Occupational discipline); or (b) if— (i) a licensee’s licence is suspended under section 52A (Suspension of licence—public safety); and (ii) the registrar believes on reasonable grounds that requiring the licensee to be assessed as mentioned in subsection (2) would assist the registrar to exercise the registrar’s functions under section 52A (3) or section 53 (End of licence suspension). (2) The registrar may, by written notice, require the licensee to be assessed to find out whether the licensee has a skill that is reasonably necessary to satisfactorily exercise the functions of a construction occupation or class of construction occupation under the licensee’s (3) An assessment may consist of 1 or more of the following: (a) an assessment by a person who the registrar is satisfied on reasonable grounds is competent to make the assessment; (b) an examination, which may have practical, written and oral aspects, by a registered training organisation that the registrar is satisfied on reasonable grounds is competent to set and assess the examination; (c) an examination of a record of the licensee’s experience provided by the licensee; (d) the undertaking of a test, or a series of tests, approved by the registrar. (4) The licensee must pay to the Territory the reasonable costs incurred by the Territory in arranging or carrying out an assessment.

(5) A regulation may prescribe the following: (a) what a notice mentioned in subsection (2) must or may contain; (b) any document or thing that must accompany a notice; (c) anything else in relation to a notice. Note The registrar may withdraw a notice given to a licensee (see Legislation Act, s 180). The withdrawal does not affect the registrar’s belief about whether a ground for occupational discipline under s 55 (1) (a) exists in relation to the licensee. registered training organisation—see the National Vocational Education and Training Regulator Act 2011 (Cwlth), section 3.