106Suspension or cancellation of licence

106 Suspension or cancellation of licence (1) The regulator may suspend or cancel a high risk work licence if satisfied about one or more of the following: (a) the licence holder has failed to take reasonable care to carry out the high risk work safely and competently; (ab) the licence holder has failed to comply with a condition of the (b) the licence holder has failed to obtain a reassessment of competency directed under regulation 95; (c) the licence holder, in the application for the grant or renewal of the licence or on request by the regulator for additional been given in that application or on that request; (d) the licence was granted or renewed on the basis of a certification that was obtained on the basis of the giving of false or misleading information by any person or body or that was obtained improperly through a breach of a condition of accreditation by the accredited assessor who conducted the competency assessment. (2) If the regulator suspends or cancels a licence, the regulator may disqualify the licence holder from applying for: (a) a further high risk work licence of the same class; or

Work Health and Safety (National Uniform Legislation) Regulations 2011 110 (b) another licence under these Regulations to carry out work which requires skills that are the same as or similar to those required for the work authorised by the licence that has been suspended or cancelled. (3) If the regulator suspends a licence, the regulator may vary the conditions of the licence, including by imposing different or additional conditions. (4) A variation of conditions under subregulation (3) takes effect when the suspension of the licence ends. Notes for regulation 106 1 A decision to suspend a licence, to cancel a licence or to disqualify the licence holder from applying for a further licence is a reviewable decision 2 A variation of licence conditions is a reviewable decision (see 107 Matters taken into account (1) In making a decision under regulation 106, the regulator must have (a) any submissions made by the licence holder under regulation 108; and (2) For the purposes of regulation 106(1)(a), the regulator must have regard to all relevant matters, including the following: corresponding WHS law, of which the licence holder has been (b) in relation to any equivalent licence applied for or held by the licence holder under the Act or these Regulations or under a (c) any enforceable undertaking the licence holder has entered into under the Act or a corresponding WHS law;

Work Health and Safety (National Uniform Legislation) Regulations 2011 111 (d) the licence holder's record in relation to any matters arising under the Act or these Regulations or under a corresponding WHS law.