Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2015
sec.86Requirement to complete competency declaration
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sec.86 Requirement to complete competency declaration
This section applies if— an eligible person has completed Q-Ride training provided to the eligible person by a registered service provider; and either of the following applies— a rider trainer who is an employee of the provider gives the provider a competency recommendation notice for the eligible person; the provider is also a rider trainer and assesses the eligible person as having attained the competencies required under the Q-Ride training curriculum. The provider must promptly complete a competency declaration for the eligible person. Maximum penalty—40 penalty units. A competency declaration is completed for an eligible person— using a competency declaration form issued by the chief executive if— the form is properly completed; and the form is signed by the provider, if the provider is an individual, or a nominated person for the provider; and the form is given to the eligible person; or using a form that is part of an online system provided by the chief executive if— the form is properly completed by the provider, if the provider is an individual, or a nominated person for the provider; and the online system records the competency declaration as completed. See the Acts Interpretation Act 1954 , section 48A (2) for provisions about when an approved form is properly completed, which include that a requirement to complete the form in a specified way or include specified information has been complied with. The competency declaration is valid for 1 year from the day the provider completes it. s 86 amd 2016 SL No. 150 s 11 (sec.86-ssec.1) This section applies if— an eligible person has completed Q-Ride training provided to the eligible person by a registered service provider; and either of the following applies— a rider trainer who is an employee of the provider gives the provider a competency recommendation notice for the eligible person; the provider is also a rider trainer and assesses the eligible person as having attained the competencies required under the Q-Ride training curriculum. (sec.86-ssec.2) The provider must promptly complete a competency declaration for the eligible person. Maximum penalty—40 penalty units. (sec.86-ssec.3) A competency declaration is completed for an eligible person— using a competency declaration form issued by the chief executive if— the form is properly completed; and the form is signed by the provider, if the provider is an individual, or a nominated person for the provider; and the form is given to the eligible person; or using a form that is part of an online system provided by the chief executive if— the form is properly completed by the provider, if the provider is an individual, or a nominated person for the provider; and the online system records the competency declaration as completed. See the Acts Interpretation Act 1954 , section 48A (2) for provisions about when an approved form is properly completed, which include that a requirement to complete the form in a specified way or include specified information has been complied with. (sec.86-ssec.4) The competency declaration is valid for 1 year from the day the provider completes it.