NTIn ForceRegulation
WORK HEALTH AND SAFETY (NATIONAL UNIFORM LEGISLATION) REGULATIONS 2011
82Exceptions
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82 Exceptions
(1) A person who carries out high risk work is not required to be
licensed to carry out the work if the work is carried out:
(a) in the course of training towards a certification in order to be
licensed to carry out the high risk work; and
(b) under the supervision of a person who is licensed to carry out
the high risk work.
(1A) A person who holds a certification in relation to a specified VET
course for high risk work is not required to be licensed to carry out
the work:
(a) for 60 days after the certification is issued; and
(b) if the person applies for the relevant high risk work licence
within that 60 day period, until:
(i) the person is granted the licence; or
(ii) the expiry of 28 days after the person is given written
notice under regulation 91(2) of a decision to refuse to
grant the licence.
(1B) A person who carries out high risk work is not required to be
licensed to carry out the work if the work is carried out while an
accredited assessor is conducting an assessment of the person's
competency in relation to the work.
Work Health and Safety (National Uniform Legislation) Regulations 2011 95
(2) A person who carries out high risk work involving plant is not
required to be licensed if:
(a) the work is carried out at a workplace solely for the purpose of
the manufacture, testing, trialling, installation, commissioning,
maintenance, servicing, repair, alteration, demolition or
disposal of the plant at that workplace or moving the plant
within the workplace; and
(b) the plant is operated or used without a load except when
standard weight loads with predetermined fixing points are
used for calibration of the plant.
(3) For the purposes of subregulation (2)(a), moving includes
operating the plant in order to load the plant onto, or unload it from,
a vehicle or equipment used to move it.
(4) A person who carries out high risk work with a crane or hoist is not
required to be licensed as a crane operator if:
(a) the work is limited to setting up or dismantling the crane or
hoist; and
(b) the person carrying out the work holds a licence in relation to
rigging, which qualifies the person to carry out the work.
See Schedule 3 for the classes of crane operator licence.
(5) A person who carries out high risk work with a heritage boiler is not
required to be licensed as a boiler operator.