Work Health and Safety Regulations 2022
676Which decisions under these regulations are reviewable
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676 Which decisions under these regulations are reviewable
(1) The following table sets out –
(a) decisions made under these regulations that are reviewable under this Part (reviewable decisions); and
(b) who is eligible to apply for review of a reviewable decision (the eligible person).[Regulation 676 Subregulation (1) amended by S.R. 2024, No. 30, Applied:01 Jul 2024]
| Item | Regulation under which reviewable decision is made | Eligible person in relation to reviewable decision | | | High risk work licences | | | 1. | 89 – Refusal to grant licence | Applicant | | 2. | 91 – Refusal to grant licence | Applicant | | 2A. | 91A – Imposition of a condition when granting licence | Applicant | | 2B. | 91A – Imposition of a condition when renewing licence | Applicant | | 3. | 98 – Refusal to issue replacement licence document | Licence holder | | 4. | 104 – Refusal to renew licence | Applicant | | 5. | 106 – Suspension of licence | Licence holder | | 6. | 106 – Cancellation of licence | Licence holder | | 7. | 106 – Disqualification of licence holder from applying for another licence | Licence holder | | 7A. | 106 – Variation of licence conditions | Licence holder | | | Accreditation of assessors | | | 8. | 118 – Refusal to grant accreditation | Applicant | | | | An RTO that engages the applicant | | 9. | 120 – Refusal to grant accreditation | Applicant | | | | An RTO that engages the applicant | | 10. | 121 – Imposition of a condition when granting accreditation | Applicant | | | | An RTO that engages the applicant | | 11. | 121 – Imposition of a condition when renewing accreditation | Applicant | | | | An RTO that engages the applicant | | 12. | 127 – Refusal to issue replacement accreditation document | Accredited assessor | | | | An RTO that engages the accredited assessor | | 13. | 132 – Refusal to renew accreditation | Applicant | | | | An RTO that engages the applicant | | 14. | 133 – Suspension of accreditation | Accredited assessor | | | | An RTO that engages the accredited assessor | | 15. | 133 – Cancellation of accreditation | Accredited assessor | | | | An RTO that engages the accredited assessor | | 16. | 133 – Disqualification of assessor from applying for a further accreditation | Accredited assessor | | | | An RTO that engages the accredited assessor | | | Registration of plant designs | | | 17. | 256 – Refusal to register plant design | Applicant | | 18. | 257 –Refusal to register plant design | Applicant | | 19. | 258 – Imposition of a condition when granting registration of plant design | Applicant | | | Registration of plant | | | 20. | 269 – Refusal to register item of plant | Applicant | | | | The person with management or control of the item of plant | | 21. | 270 – Refusal to register item of plant | Applicant | | | | The person with management or control of the item of plant | | 22. | 271 – Imposition of a condition when granting registration of item of plant | Applicant | | | | The person with management or control of the item of plant | | 23. | 271 – Imposition of a condition when renewing registration of item of plant | Registration holder | | | | The person with management or control of the item of plant | | 24. | 279 – Refusal to renew registration of item of plant | Registration holder | | | | The person with management or control of the item of plant | | 25. | 283 – Amendment of registration, on regulator's initiative | Registration holder | | | | The person with management or control of the item of plant | | 26. | 284 – Refusal to amend registration on application (or a decision to make a different amendment) | Registration holder | | | | The person with management or control of the item of plant | | 27. | 288 – Refusal to issue replacement registration document | Registration holder | | | | The person with management or control of the item of plant | | 27A. | 288B – Decision to cancel registration | Registration holder | | | | The person with management or control of the item of plant | | | General construction induction training | | | 28. | 322 – Refusal to issue general construction induction training card | Applicant | | 29. | 322 – Refusal to issue replacement general construction induction training card | Card holder | | 30. | 323 – Cancellation of general construction induction training card | Card holder | | | Hazardous chemicals and lead | | | 31. | 384 – Refusal to grant authorisation to use, handle or store a prohibited or restricted carcinogen | Applicant | | 32. | 386 – Cancellation of authorisation to use, handle or store a prohibited or restricted carcinogen | Authorisation holder | | 33. | 393 – Deciding a process to be a lead process | A person conducting a business or undertaking that carries out the lead process | | | | A worker whose interests are affected by the decision | | 34. | 407 – Determining a different frequency for biological monitoring of workers at a workplace, or a class of workers, carrying out lead risk work | A person conducting a business or undertaking that carries out lead risk work | | | | A worker whose interests are affected by the decision | | | Asbestos removal licences and asbestos assessor licences | | | 35. | 497 – Refusal to grant licence | Applicant | | 36. | 501 – Refusal to grant licence | Applicant | | 37. | 502 – Imposition of a condition when granting licence | Applicant | | 38. | 502 – Imposition of a condition when renewing licence | Applicant | | 39. | 508 – Amendment of licence, on regulator's initiative | Licence holder | | 40. | 509 – Refusal to amend licence on application (or a decision to make a different amendment) | Licence holder | | 41. | 513 – Refusal to issue replacement licence document | Licence holder | | 42. | 517 – Refusal to renew licence | Applicant | | 43. | 520 – Suspension of licence | Licence holder | | 44. | 520 – Cancellation of licence | Licence holder | | 45. | 520 – Disqualification of licence holder from applying for another licence | Licence holder | | | Major hazard facilities | | | | Determination of facility to be major hazard facility | | | 46. | 541 – Determination of facility to be a major hazard facility, on making inquiry | Operator of facility | | 47. | 541 – Decision not to determine proposed facility to be a major hazard facility | Operator of facility | | 48. | 542 – Determination of major hazard facility | Operator of facility | | 49. | 543 – Determination of suitability of operator | Operator of facility | | 50. | 544 – Imposition of a condition on a determination of a major hazard facility | Operator of facility | | | Licensing of major hazard facility | | | 51. | 580 – Refusal to grant licence | Operator of facility | | 52. | 584 – Imposition of a condition when granting licence | Operator of facility | | 53. | 584 – Imposition of a condition when renewing licence | Operator of facility | | 54. | 589 – Amendment of licence, on regulator's initiative | Operator of facility | | 55. | 590 – Refusal to amend licence, on application (or a decision to make a different amendment) | Operator of facility | | 56. | 594 – Refusal to issue replacement licence document | Operator of facility | | 57. | 598 – Refusal to renew licence | Operator of facility | | 58. | 600 – Refusal to transfer licence, on application | Operator of facility | | | | Proposed operator of facility | | 59. | 601 – Refusal to cancel licence, on application | Operator of facility | | 60. | 602 – Suspension of licence | Operator of facility | | 61. | 602 – Cancellation of licence | Operator of facility | | 62. | 602 – Disqualification of licence holder from applying for another licence | Operator of facility | | | Exemptions | | | 63. | 684 – Refusal to exempt person (or a class of persons) from compliance with any of these regulations | Applicant | | 64. | 686 – Refusal to exempt person from requirement to hold a high risk work licence | Applicant | | 65. | 688 – Refusal to exempt operator of major hazard facility or proposed major hazard facility from compliance with any of these regulations, on application | Operator of facility | | 65A. | 689A(1) – Refusal to exempt a particular type of engineered stone from regulation 529D | Applicant | | 66. | 691 – Imposing condition on an exemption granted on application under Part 11.2 | Applicant | | 67. | 696 – Refusal to grant exemption | Applicant | | 68. | 697 – Amendment of an exemption granted on application under Part 11.2 | Applicant | | 69. | 697 – Cancellation of an exemption granted on application under Part 11.2 | Applicant |