Subdiv 1Requirement to be accredited

Subdivision 1—Requirement to be accredited 113—Accreditation required to assess competency for high risk work licence A person who is not an accredited assessor must not— (a) conduct a competency assessment; or (b) issue a notice of satisfactory assessment; or (c) in any other way hold himself or herself out to be an accredited assessor. 114—Accredited assessor must act in accordance with accreditation (1) An accredited assessor must not conduct a competency assessment unless— (a) the competency assessment relates to a class of high risk work for which the assessor is accredited; and (b) the accredited assessor conducts the competency assessment for or on behalf of an RTO. (2) An accredited assessor must not issue a notice of satisfactory assessment unless the competency assessment relates to a class of high risk work for which the assessor is accredited. (3) An accredited assessor who conducts a competency assessment must do so in accordance with any conditions of accreditation imposed under regulation 121. (4) An accredited assessor who issues a notice of satisfactory assessment must do so in accordance with the conditions of accreditation imposed under regulation 121. (5) Subregulations (1) to (4) do not apply if the regulator is the accredited assessor. Subdivision 2—Accreditation process 115—Regulator may accredit assessors The regulator may, under this Division, accredit persons to conduct assessments. 116—Application for accreditation (1) An application for accreditation must be made in the manner and form required by the regulator. (a) the name and residential address of the applicant; (b) any other evidence of the applicant's identity required by the regulator; (c) details of the class of high risk work to which the application relates; (d) evidence that the applicant is qualified to conduct the type of competency assessment in relation to the class of high risk work to which the application relates; (e) details of any current equivalent accreditation under a corresponding WHS law; (f) a declaration as to whether or not the applicant has ever been convicted or found guilty of any offence under the Act or these regulations or under any corresponding WHS law; (g) details of any conviction or finding of guilt declared under paragraph (f); (h) a declaration as to whether or not the applicant has ever entered into an enforceable undertaking under the Act or under any corresponding WHS law; (i) details of any enforceable undertaking declared under paragraph (h); (j) if the applicant has previously been refused an equivalent accreditation under a corresponding WHS law, a declaration giving details of that refusal; (k) if the applicant has previously held an equivalent accreditation under a corresponding WHS law, a declaration— (i) describing any condition imposed on that accreditation; and (ii) stating whether or not that accreditation had been suspended or cancelled and, if so, whether or not the applicant had been disqualified from applying for any accreditation; and (iii) giving details of any suspension, cancellation or disqualification. See section 268 of the Act for offences relating to the giving of false or misleading information under the Act or these regulations. 117—Additional information (1) If an application for accreditation does not contain sufficient information to enable the regulator to make a decision whether or not to grant the accreditation, the regulator may ask the applicant to provide additional information. (a) specify the date (being not less than 28 days after the request) by which the additional information is to be given; and (3) If an applicant does not provide the additional information by the date specified, the application is taken to have been withdrawn. 118—Decision on application (1) Subject to subregulation (3), the regulator must grant an accreditation if satisfied about the matters referred to in subregulation (2). (2) The regulator must be satisfied that— (a) the applicant— (i) is qualified to conduct the competency assessment to which the application relates; and (ii) is able to conduct the competency assessment to which the application relates competently; and (iii) is able to ensure compliance with any conditions that will apply to the accreditation; or (b) the applicant holds a current equivalent accreditation under a corresponding WHS law. (3) The regulator must refuse to grant an accreditation if satisfied that— (a) the applicant is disqualified under a corresponding WHS law from holding an equivalent accreditation; or (4) If the regulator decides to grant the accreditation, 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 regulation 117, the regulator is taken to have refused to grant the accreditation applied for. (6) For the purposes of subregulation (2)(a)(i), an applicant is qualified to provide the competency assessment if— (a) the applicant's competencies, skills and knowledge are in accordance with the Standards for NVR Registered Training Organisations 2011 published by the Commonwealth; and (b) the applicant holds a current high risk work licence for the class of high risk work to which the competency assessment relates. A refusal to grant accreditation (including a refusal under subregulation (5)) is a reviewable decision (see regulation 676). 119—Matters to be taken into account For the purposes of regulation 118(2)(a)(ii) and (iii), the regulator must have regard to all relevant matters, including the following: (a) any offence under the Act or these regulations or under a corresponding WHS law of which the applicant has been convicted or found guilty; (b) any enforceable undertaking the applicant has entered into under the Act or a corresponding WHS law; (c) in relation to any equivalent accreditation applied for or held by the applicant under the Act or these regulations or under a corresponding WHS law— (i) any refusal to grant the accreditation; and (ii) any condition imposed on the accreditation, if granted; and (iii) any suspension or cancellation of the licence, if granted, including any disqualification from applying for any accreditation; (d) the applicant's record in relation to any matters arising under the Act or these regulations or under a corresponding WHS law. 120—Refusal to grant accreditation—process (1) If the regulator proposes to refuse to grant an accreditation, the regulator must give the applicant a written notice— (b) advising the applicant that the applicant may by a specified date (being not less than 28 days after the notice is given), make a submission to the regulator in relation to the proposed refusal. (2) After the date specified in a notice under subregulation (1)(b), the regulator must— (a) if the applicant has made a submission in relation to the proposed refusal to grant the accreditation—consider that submission; and (b) whether or not the applicant has made a submission—decide whether to grant or refuse to grant the accreditation; and (c) within 14 days after making that decision, give the applicant written notice of the decision, including the reasons for the decision. A refusal to grant an accreditation is a reviewable decision (see regulation 676). 121—Conditions of accreditation (1) The regulator may impose any conditions it considers appropriate on an accreditation. (2) Without limiting subregulation (1), the regulator may impose conditions— (a) relating to the competency assessments and assessment activities that may be carried out; and (b) relating to the circumstances in which competency assessments or assessment activities may be carried out; and (c) requiring the accredited assessor to keep specified information; and (d) requiring the accredited assessor to give specified information to the regulator. 1 A person must comply with the conditions of accreditation (see section 45 of the Act). 2 A decision to impose a condition on an accreditation is a reviewable decision (see regulation 676). 122—Duration of accreditation An accreditation takes effect on the day it is granted and, unless cancelled earlier, expires 3 years after that day. 123—Accreditation document (1) If the regulator grants an accreditation, it must issue to the applicant an accreditation document in the form determined by the regulator. (2) An accreditation document must include the following: (a) the name of the accredited assessor; (b) the class of high risk work to which the accreditation relates; (c) any conditions imposed on the accreditation by the regulator; (d) the date on which the accreditation was granted; (e) the expiry date of the accreditation. (3) If an assessor is accredited to conduct a competency assessment in relation to more than 1 class of high risk work, the regulator may issue to the accredited assessor one accreditation document in relation to some or all of those classes of high risk work. (4) If 2 or more of the classes of high risk work referred to in subregulation (3) represent levels of the same type of work, it is sufficient if the accreditation document contains a description of the class of work that represents the highest level. 124—Accreditation document to be available (1) An accredited assessor must keep the accreditation document available for inspection under the Act. (2) An accredited assessor must make the accreditation document available for inspection by any person in relation to whom the assessor is conducting, or is to conduct, a competency assessment. (3) Subregulations (1) and (2) do not apply if the accreditation document is not in the accredited assessor's possession because— (a) it has been returned to the regulator under regulation 126; or (b) the accreditation assessor has applied for, but has not received, a replacement accreditation document under regulation 127.