SafeWork SA may suspend or cancel a high risk work licence if we are satisfied of one or more of the following:
- the licence holder has failed to take reasonable care to carry out the high risk work safely and competently
- the licence holder has failed to obtain a reassessment of competency as directed by SafeWork SA
- the licence holder has given false or misleading information or failed to give information that should have been given in the application for the grant of a licence or renewal of the licence or where requested by SafeWork SA
- the licence was granted or renewed on the basis of certification that was obtained on the basis of the giving of false or misleading information by any person or body.
In making a decision to suspend or cancel a High Risk Work Licence due to the licence holder’s failure to take reasonable care, SafeWork SA must also take into account any relevant matter, including:
- any offence under the WHS Act or Regulations or under the WHS laws of another state, territory or the Commonwealth, of which the licence holder has been convicted or found guilty
- any suspensions, cancellations, refusal to grant, or conditions imposed on an equivalent licence or other authorisation held under the WHS Act or Regulations or under the WHS laws of another jurisdiction
- any enforceable undertaking that has been entered into by the licence holder under the WHS Act or the WHS Act of another state, territory or the Commonwealth
- the licence holder’s record (compliance record) in relation to any matters arising under the WHS Act or Regulations or under the WHS laws of another state, territory or the Commonwealth.
If SafeWork SA suspends or cancels a licence, it may disqualify the licence holder from applying for:
- a further high risk work licence of the same class, or
- another licence or authorisation under the WHS Regulations to carry out work which requires similar skills to those required for the work authorised by the licence that has been suspended or cancelled.
Notice of intent to suspend or cancel licence
Before suspending or cancelling a High Risk Work Licence, SafeWork SA must:
- give the licence holder written notice of the proposed suspension, cancellation or disqualification that outlines all relevant allegations, facts and circumstances known to SafeWork SA, and
- give the licence holder not less than 28 days to make submissions to SafeWork SA in relation to the proposed suspension, cancellation or disqualification.
Notice of the decision
SafeWork SA must give the licence holder written notice of a decision to suspend or cancel a High Risk Work Licence within 14 days after the decision is made. The notice must:
- state that the licence is to be suspended or cancelled
- if the licence is to be suspended, state when the suspension begins and ends and the reasons for the suspension
- whether the licence holder is required to obtain retraining, reassessment or take any other action before the suspension ends, and
- state whether the licence holder is to be disqualified from applying for any class of high risk work licence or other licence or authorisation under the WHS Regulations during the suspension.
If the licence is to be cancelled, the notice must state when the cancellation takes effect and the reasons for the cancellation and whether or not the licence holder is disqualified from applying for a further licence.
If the licence holder is to be disqualified from obtaining a further licence or authorisation, the notice must state:
- when the disqualification begins and ends and the reasons for the disqualification
- state whether or not the disqualification ending is conditional upon the licence holder obtaining retraining, reassessment or taking any other action
- whether the licence holder is disqualified from applying for any class of licence or authorisation under the WHS Regulations during the disqualification, and
- when the licence must be returned to SafeWork SA.
SafeWork SA may immediately suspend a High Risk Work Licence without giving prior notice, if:
- work carried out under the High Risk Work Licence should cease because the work may involve an imminent serious risk to the health and safety of any person, or
- another state, territory or the Commonwealth WHS Regulator has suspended an equivalent licence held by the licence holder.
If we decide to immediately suspend the licence, we must give the licence holder written notice of the suspension and the reasons for the suspension. The suspension of the licence takes effect on the giving of the notice.
SafeWork SA must then give a notice that outlines all relevant allegations, facts and circumstances and give the licence holder not less than 28 days to make a submission in relation to the suspension. We must issue this notice within 14 days of the notice advising of the suspension.
If SafeWork SA does not give notice, the suspension of the licence ends at the end of the 14 days. If notice is given the licence remains suspended until a decision is made.
SafeWork SA must return the licence document to the licence holder within 14 days after the licence suspension ends.
A decision to suspend or cancel a licence or to disqualify a licence holder from applying for a further licence is a reviewable decision.