sec.189Decision to take proposed action

### sec.189 Decision to take proposed action This section applies if— the period stated in the proposed action notice under section 187 (2) (e) has ended; and the CEO has considered any written submission made by the person under section 188 ; and the CEO still considers a ground exists to take the proposed action. The CEO may decide— if the proposed action was to suspend the board qualification—to suspend the qualification for no longer than the proposed period of the suspension stated in the proposed action notice; or if the proposed action was to cancel the board qualification—to cancel the qualification or suspend it for a period. The CEO must give the person notice of the decision. The notice must state each of the following matters— the CEO’s decision; the reasons for the decision; that the person may appeal against the decision within 28 days; how the person may appeal; that the person may apply for a stay of the decision if the person appeals against it. The decision takes effect on the day the notice is given to the person. The CEO must give notice of the decision to— the following persons, to the extent the persons are known to the CEO— for a decision relating to a certificate of competency—the site senior executive for each mine at which the person works; for a decision relating to a site senior executive notice—the operator for each mine at which the person works; for a decision relating to a practising certificate held by a site senior executive—the operator for each mine at which the holder works; for a decision relating to a practising certificate held by a person other than a site senior executive—the site senior executive for each mine at which the holder works; and the board of examiners. s 189 prev s 189 om 2010 No. 17 s 68 pres s 189 ins 2018 No. 28 s 77 amd 2020 No. 10 s 139 sch 2 ; 2024 No. 34 s 204 (sec.189-ssec.1) This section applies if— the period stated in the proposed action notice under section 187 (2) (e) has ended; and the CEO has considered any written submission made by the person under section 188 ; and the CEO still considers a ground exists to take the proposed action. (sec.189-ssec.2) The CEO may decide— if the proposed action was to suspend the board qualification—to suspend the qualification for no longer than the proposed period of the suspension stated in the proposed action notice; or if the proposed action was to cancel the board qualification—to cancel the qualification or suspend it for a period. (sec.189-ssec.3) The CEO must give the person notice of the decision. (sec.189-ssec.4) The notice must state each of the following matters— the CEO’s decision; the reasons for the decision; that the person may appeal against the decision within 28 days; how the person may appeal; that the person may apply for a stay of the decision if the person appeals against it. (sec.189-ssec.5) The decision takes effect on the day the notice is given to the person. (sec.189-ssec.6) The CEO must give notice of the decision to— the following persons, to the extent the persons are known to the CEO— for a decision relating to a certificate of competency—the site senior executive for each mine at which the person works; for a decision relating to a site senior executive notice—the operator for each mine at which the person works; for a decision relating to a practising certificate held by a site senior executive—the operator for each mine at which the holder works; for a decision relating to a practising certificate held by a person other than a site senior executive—the site senior executive for each mine at which the holder works; and the board of examiners. - (a) the period stated in the proposed action notice under section 187 (2) (e) has ended; and - (b) the CEO has considered any written submission made by the person under section 188 ; and - (c) the CEO still considers a ground exists to take the proposed action. - (a) if the proposed action was to suspend the board qualification—to suspend the qualification for no longer than the proposed period of the suspension stated in the proposed action notice; or - (b) if the proposed action was to cancel the board qualification—to cancel the qualification or suspend it for a period. - (a) the CEO’s decision; - (b) the reasons for the decision; - (c) that the person may appeal against the decision within 28 days; - (d) how the person may appeal; - (e) that the person may apply for a stay of the decision if the person appeals against it. - (a) the following persons, to the extent the persons are known to the CEO— (i) for a decision relating to a certificate of competency—the site senior executive for each mine at which the person works; (ii) for a decision relating to a site senior executive notice—the operator for each mine at which the person works; (iii) for a decision relating to a practising certificate held by a site senior executive—the operator for each mine at which the holder works; (iv) for a decision relating to a practising certificate held by a person other than a site senior executive—the site senior executive for each mine at which the holder works; and - (i) for a decision relating to a certificate of competency—the site senior executive for each mine at which the person works; - (ii) for a decision relating to a site senior executive notice—the operator for each mine at which the person works; - (iii) for a decision relating to a practising certificate held by a site senior executive—the operator for each mine at which the holder works; - (iv) for a decision relating to a practising certificate held by a person other than a site senior executive—the site senior executive for each mine at which the holder works; and - (b) the board of examiners. - (i) for a decision relating to a certificate of competency—the site senior executive for each mine at which the person works; - (ii) for a decision relating to a site senior executive notice—the operator for each mine at which the person works; - (iii) for a decision relating to a practising certificate held by a site senior executive—the operator for each mine at which the holder works; - (iv) for a decision relating to a practising certificate held by a person other than a site senior executive—the site senior executive for each mine at which the holder works; and