Subdiv 3Amendment of accreditation document

Subdivision 3—Amendment of accreditation document 125—Changes to information (1) An accredited assessor must give the regulator written notice of any change to any material particular in any information given at any time by the assessor to the regulator in relation to the accreditation within 14 days after the assessor becomes aware of the change. (2) Subregulation (1) applies whether the information was given in the application for grant or renewal of the accreditation or in any other circumstance. 126—Accredited assessor to return accreditation document If an accreditation is amended, the accredited assessor must return the accreditation document to the regulator for amendment at the written request of the regulator and within the time specified in the request. 127—Replacement accreditation document (1) An accredited assessor must notify the regulator as soon as practicable if the accreditation document is lost, stolen or destroyed. (2) If an accreditation document is lost, stolen or destroyed an accredited assessor may apply to the regulator for a replacement accreditation document. An accreditation holder is required to keep the accreditation document available for inspection (see regulation 124). (3) An application for a replacement accreditation document must be made in the manner and form required by the regulator. See section 268 of the Act for offences relating to the giving of false or misleading information under the Act or these regulations. (5) The regulator must issue a replacement accreditation document if satisfied that the original document was lost, stolen or destroyed. (6) If the regulator refuses to issue a replacement accreditation document, it must give the accredited assessor written notice of this decision, including the reasons for the decision, within 14 days after making the decision. A refusal to issue a replacement accreditation document is a reviewable decision (see regulation 676). 128—Voluntary surrender of accreditation (1) An accredited assessor may voluntarily surrender the accreditation document to the regulator. (2) The accreditation expires on the surrender of the accreditation document. Subdivision 4—Renewal of accreditation 129—Regulator may renew accreditation The regulator may renew an accreditation on the application of the accredited assessor. 130—Application for renewal (1) An application for renewal of accreditation must be made in the manner and form required by the regulator. (2) An application must— (a) include the information referred to in regulation 116(2); and See section 268 of the Act for offences relating to the giving of false or misleading information under the Act or these regulations. (3) The application must be made before the expiry of the accreditation. 131—Accreditation continues in force until application is decided If an accredited assessor applies under regulation 130 for the renewal of accreditation, the accreditation is taken to continue in force from the day it would, apart from this regulation, have expired until the accredited assessor is given notice of the decision on the application. 132—Provisions relating to application For the purposes of this Division— (a) regulation 117 applies as if a reference in that regulation to an application for accreditation were a reference to an application to renew an accreditation; and (b) regulations 118 (except subregulation (5)), 119, 121 and 122 apply as if a reference in those regulations to the grant of an accreditation were a reference to the renewal of an accreditation; and (c) regulation 120 applies as if a reference in that regulation to a refusal to grant an accreditation were a reference to a refusal to renew an accreditation. A refusal to renew an accreditation is a reviewable decision (see regulation 676). Subdivision 5—Suspension and cancellation 133—Regulator may suspend or cancel accreditation (1) The regulator may, under this Division— (a) suspend or cancel an accreditation; and (b) if suspending an accreditation, vary the conditions of the accreditation, including by imposing different or additional conditions. (2) If the regulator cancels an accreditation, the regulator may disqualify the accredited assessor from applying for a further accreditation for a specified period. A decision to suspend or cancel an accreditation, to vary the conditions of an accreditation or to disqualify an accredited assessor from applying for a further accreditation is a reviewable decision (see regulation 676). 134—Suspension or cancellation of accreditation (1) The regulator may suspend or cancel an accreditation if satisfied about 1 or more of the following: (a) the accredited assessor is no longer qualified to conduct the competency assessment specified in the assessor's accreditation document; (b) the accredited assessor is not able to conduct the competency assessment to which the accreditation relates competently; (c) the accredited assessor has failed to comply with a condition imposed on the accreditation under regulation 121; (d) the accredited assessor, in the application for the grant or renewal of accreditation or on request by the regulator for additional information— (ii) failed to give any material information that should have been given in that application or on that request. (2) In subregulation (1)(a)— qualified has the same meaning in relation to an accredited assessor as it has in regulation 118 in relation to an applicant for accreditation. 135—Matters to be taken into account (1) In making a decision under regulation 133, the regulator must have regard to— (a) any submissions made by the accredited assessor under regulation 136; and (2) For the purposes of regulation 134(1)(b) and (c), 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 accredited assessor has been convicted or found guilty; (b) any enforceable undertaking that has been entered into by the accredited assessor 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) any suspension of a high risk work licence held by the accredited assessor under the Act or these regulations or under a corresponding WHS law; (e) the accredited assessor's record in relation to any matters arising under the Act or these regulations or under a corresponding WHS law. 136—Notice to and submissions by accredited assessor Before suspending or cancelling an accreditation, the regulator must give the accredited assessor a written notice of the proposed suspension or cancellation and any proposed disqualification— (b) advising the accreditation holder that the accreditation holder may, by a specified date (being not less than 28 days after giving the notice) make submissions in relation to the proposed suspension or cancellation and any proposed disqualification. 137—Notice of decision (1) The regulator must give the accredited assessor written notice of a decision under regulation 134 to suspend or cancel the accreditation within 14 days after making the decision. (a) state that the accreditation is to be suspended or cancelled; and (b) if the accreditation is to be suspended, state— (iii) whether or not the accredited assessor is required to undergo retraining or reassessment or take any other action before the suspension ends; and (iv) whether any variation is to be made to the conditions of accreditation; and (v) whether or not the accredited assessor is disqualified from obtaining a further accreditation during the suspension; and (c) if the accreditation is to be cancelled, state— (iii) whether or not the accredited assessor is disqualified from applying for a further accreditation; and (d) if the accredited assessor is to be disqualified from obtaining a further accreditation, state— (iii) whether or not the accredited assessor is required to undergo retraining or reassessment or take any other action before the disqualification ends; and (e) state when the accreditation document must be returned to the regulator. 138—Immediate suspension (1) The regulator may suspend an accreditation on a ground referred to in regulation 134 without giving notice under regulation 136 if satisfied that a person may be exposed to an imminent serious risk to his or her health or safety if the accreditation were not suspended. (2) If the regulator decides to suspend an accreditation under this regulation— (a) the regulator must give the accredited assessor written notice of the suspension and the reasons for the suspension; and (b) the suspension takes effect on the giving of the notice. (a) give the notice under regulation 136 within 14 days after giving the notice under subregulation (2); and (b) make its decision under regulation 134. (5) If the regulator gives notice under subregulation (3), the accreditation remains suspended until the decision is made under regulation 134. 139—Accredited assessor to return accreditation document An accredited assessor, on receiving a notice under regulation 137, must return the accreditation document to the regulator in accordance with that notice. 140—Regulator to return accreditation document after suspension The regulator must return the accreditation document to the accredited assessor within 14 days after the suspension ends.