89Decision on application

89 Decision on application

89 Decision on application

(1) Subject to subsection (3), the regulator must grant a high risk work licence if satisfied about the matters referred to in subsection (2).

(2) The regulator must be satisfied about the following—

(a) the application has been made in accordance with this regulation,

(b) the applicant does not hold an equivalent licence under a corresponding WHS law unless that licence is due for renewal,

(c) the applicant—

(i) resides in New South Wales, or

(ii) resides outside New South Wales and circumstances exist that justify the grant of the licence,

(d) the applicant is at least 18 years of age,

(e) the applicant has provided the certification required under section 87(2)(f),

(f) the applicant is able to carry out the work to which the licence relates safely and competently.

(3) The regulator must refuse to grant a high risk work licence if satisfied that—

(a) the applicant is disqualified under a corresponding WHS law from holding an equivalent licence, or

(b) the applicant, in making the application, has—

(i) given information that is false or misleading in a material particular, or

(ii) failed to give material information that should have been given.

(4) If the regulator decides to grant the licence, it must notify the applicant within 14 days after making the decision.

(5) If the regulator does not make a decision within 120 days after receiving the application or the additional information requested under section 88, the regulator is taken to have refused to grant the licence applied for.

Note—

A refusal to grant a high risk work licence, including under subsection (5), is a reviewable decision—see section 676.