68Taking disciplinary action

68 Taking disciplinary action (1) If the work health and safety commissioner proposes to take disciplinary action in relation to a licensee, or a former licensee, the work health and safety commissioner must give the person a written notice (a disciplinary notice) that— (a) states the proposed action (including any proposed disqualification period, suspension period or amendment of a licence); and (b) states the grounds for the proposed action; and (c) tells the person that the person may, within 14 days after the day the person receives the notice, give a written response to the work health and safety commissioner about the notice.

(2) In deciding whether to take disciplinary action, the work health and safety commissioner must consider any response given to the work health and safety commissioner in accordance with the notice under subsection (1) (c). (3) If the work health and safety commissioner is satisfied that a ground for taking action under this section has been established in relation to a licensee, the work health and safety commissioner may do 1 or more of the following (each of which is disciplinary action): (a) reprimand the licensee; (b) require the licensee to complete a stated course of training to the satisfaction of the work health and safety commissioner or another stated person; (c) amend the licence, including by imposing a condition on the licence or amending an existing condition; (d) suspend the licence, or a particular handling authority under the licence, for a stated period or until a stated event happens; (e) cancel the licence, or a particular handling authority under the licence; (f) cancel the licence and disqualify the licensee from applying for a licence, or a particular kind of licence for a stated period or until a stated event happens. (4) If the work health and safety commissioner is satisfied that a ground for taking action under this section has been established in relation to a former licensee, the work health and safety commissioner may do 1 or more of the following (each of which is disciplinary action): (a) reprimand the former licensee; (b) disqualify the former licensee from applying for a licence, or a particular kind of licence— (i) for a stated period; or

(ii) until the former licensee completes a stated course of training to the satisfaction of the work health and safety commissioner or someone else; or (iii) until a stated event happens. (5) The work health and safety commissioner must give the person written notice of the work health and safety commissioner’s decision. (6) A decision to take action under subsection (3) or (4) takes effect 14 days after the day when notice of the decision is given to the person or, if the notice states a later date of effect, that date. Note For the requirement to return of an amended, suspended or cancelled licence to the work health and safety commissioner, see s 64.