Section 151 - Work Health and Safety (Mines and Petroleum Sites) Regulation 2022 - Cancellation of certificate of competence

151Cancellation of certificate of competence

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151 Cancellation of certificate of competence

(1) The regulator may cancel a certificate of competence if satisfied—

(a) the holder of the certificate is not eligible to hold the certificate, or

(b) the holder of the certificate has contravened a condition of the certificate, or

(c) the method by which the holder of the certificate was assessed as being competent was inadequate, or

(d) the certificate was improperly obtained, whether on the basis of false or misleading information or otherwise, or

(e) the holder of the certificate has contravened the WHS laws, a corresponding WHS law, the Explosives Act 2003, the Radiation Control Act 1990 or a former law of this State dealing with work health and safety.

(2) Subsection (1)(e) applies if the regulator is satisfied the contravention caused or could have caused a serious risk to the health or safety of a person.

(3) Before cancelling a certificate of competence, the regulator must—

(a) notify the holder of the certificate, and

(b) give the holder of the certificate a reasonable opportunity to make representations to the regulator, and

(c) consider the representations.

(4) The cancellation of a certificate of competence takes effect on—

(a) the date on which written notice of the cancellation is given to the holder of the certificate, or

(b) a later date specified in the notice.

(5) A notice cancelling a certificate of competence must specify the reasons for the cancellation.