Any person or class of persons (meaning a number of persons who have a common characteristic, for example, operators of a specific tool or machinery) may apply to SafeWork SA in writing for an exemption from the requirement to hold a High Risk Work Licence.
SafeWork SA must be satisfied that granting the exemption will result in a standard of health and safety that is equivalent to the standard that would be achieved without the exemption. We would consider the following in making a decision:
- the impracticability of obtaining a High Risk Work Licence
- whether the person’s competencies exceed those required for the granting of a High Risk Work Licence, and
- whether any plant used can be modified to reduce the risk associated with its operation.
Granting of a conditional exemption
SafeWork SA may impose any conditions it considers appropriate on an exemption. Conditions that may be imposed include:
- monitoring risks
- monitoring the health of persons at the workplace who may be affected by the exemption
- keeping certain records
- using a stated system of work
- reporting certain matters to SafeWork SA and/or
- giving notice of the exemption to person/s that may be affected by the exemption.
A decision to impose conditions on an exemption is a reviewable decision.
Refusing to grant an exemption
SafeWork SA may refuse to grant an exemption. If it refuses to grant an exemption, it must give the applicant written notice of the refusal within 14 days after making that decision and the notice must state the reasons for the refusal.
A decision to refuse to grant an exemption is a reviewable decision.
A person to whom an exemption is granted must comply with the conditions of the exemption and ensure any person under their management or control complies with the conditions of the exemption.
Cancellation / amendment
SafeWork SA may amend or cancel an exemption at any time and this is a reviewable decision.
If we decide to amend or cancel an exemption we must give written notice to the applicant of the amendment or cancellation within 14 days after making that decision and the notice must state the reasons for the decision.
If the exemption affects a class of persons, SafeWork SA must publish a notice of amendment or cancellation of the exemption in the South Australian Government Gazette.
The amendment or cancellation takes effect on the publication of the notice in the South Australian Government Gazette or on a later date specified in the notice or, if a notice is not required to be published in the South Australian Government Gazette, on the giving of the notice to the applicant or on a later date specified in the notice.