18Breach of conditions

18 Breach of conditions

(1) If the Federal Safety Commissioner is satisfied that an accredited person has breached a condition of accreditation, the Commissioner may do any or all of the following in respect of the breach: (a) impose a further condition of accreditation; (b) suspend the person’s accreditation; (c) revoke the person’s accreditation, if the Commissioner is satisfied that: (i) the person has at 2 or more times while accredited failed to have or implement appropriate WHS policies and procedures or safe work practices; or (ii) the person’s WHS policies and procedures constitute a risk to safety; or (iii) the person’s WHS policies and procedures are not being complied with, in a way that constitutes a risk to safety; or (iv) the person’s work practices are not safe. (2) If: (a) the Federal Safety Commissioner does a thing mentioned in paragraph (1)(a) or (b) in respect of a breach (the first breach); and (b) the Commissioner later becomes satisfied of a matter mentioned in paragraph (1)(c) (in relation to the first breach, in relation to another breach of a condition of accreditation or in relation to both the first breach and another breach of a condition of accreditation); the Commissioner may revoke the person’s accreditation even if the period for complying with any condition or the period of any suspension has not ended. Accredited persons using the same WHSMS (3) Subsection (4) applies if: (a) the Federal Safety Commissioner is considering whether to make a decision under this section in relation to an accredited person (the first person); and (b) a post‑accreditation audit (the relevant audit) of another accredited person has been carried out; and (c) the first person’s WHSMS is the same as the other person’s WHSMS was at the time of the relevant audit. (4) Without limiting subsection (1) or (2), the Federal Safety Commissioner may be satisfied that the first person has breached a condition of accreditation, or be satisfied of a matter mentioned in paragraph (1)(c) or (2)(b) in relation to the first person, if the Commissioner considers it appropriate having regard to the findings of the relevant audit.