Workplace Health and Safety and Other Legislation Amendment Regulation (No. 1) 2008 (Qld)

Queensland Workplace Health and Safety and Other Legislation Amendment Regulation (No. 1) 2008 Subordinate Legislation 2008 No. 189 made under the State Penalties and Enforcement Act 1999 Workplace Health and Safety Act 1995 Contents Part 1 1 2 Part 2 3 4 5 6 7 8 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Amendment of Workplace Health and SafetyRegulation 1997 Regulation amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Insertion of new pt 3, div 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Division 1A Definitions 16D Meaning of assessment instrument . . . . . . . . . . . . . . 6 16E Meaning of unit of competency . . . . . . . . . . . . . . . . . 7 Amendment of s 17 (Authority to perform high risk work) . . . . . . 8 Amendment of s 24 (Authority to perform work in an earthmoving or particular crane occupation) . . . . . . . . . . . . . . . . 10 Omission of s 26 (Certificate holder to notify change of address) 12 Replacement of s 28C (Employer’s duty for training) . . . . . . . . . . 13 28C Meaning of trainee . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 28CA Employer’s duties for training . . . . . . . . . . . . . . . . . . . 13 28CB What training plan must state . . . . . . . . . . . . . . . . . . . 15

Workplace Health and Safety and Other Legislation Amendment Regulation (No. 1) 2008 Contents 9 10 11 12 13 14 15 16 17 18 19 20 Page 2 Insertion of new pt 3, div 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 3A Employer’s obligation if worker is undergoing assessment for suitability to perform work 28FA Supervision of worker and record keeping . . . . . . . . . Amendment of s 28J (Revival of authority). . . . . . . . . . . . . . . . . . Amendment of s 28K (Conversion of certificates) . . . . . . . . . . . . Amendment of s 28L (Pre-July 2008 licence to perform a class of high risk work will end unless converted to a renewable licence) ................................... Amendment of pt 4A, heading (Accredited providers, assessment summaries and registered training organisations) . . Amendment of ss 33B and 33C . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new pt 4A, div 2, hdg . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new ss 33B and 33C . . . . . . . . . . . . . . . . . . . . . . . . . 33B When registered training organisation must not make practical assessment . . . . . . . . . . . . . . . . . . . . 33C Registered training organisation’s duties before issuing statement of attainment . . . . . . . . . . . . . . . . . Amendment of s 33D (Record of assessment by registered training organisation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Renumbering of s 33E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new ss 33E and 33F and pt 4A, div 3, hdg . . . . . . . . 33E Other duties of registered training organisation . . . . . 33F Monitoring of registered training organisation’s compliance ........................... Insertion of new s 33H and pt 4A, divs 4 and 5 . . . . . . . . . . . . . . 33H Making available document purporting to be statement of attainment . . . . . . . . . . . . . . . . . . . . . . . Division 4 Approval of individual to provide training and assessment 33I Approval of individual to provide training and assessment ....................... 33J Chief executive to decide application for training approval within 28 days . . . . . . . . . . . . . . . . . . . . . . . 33K Grant of approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33L Notice of refusal of application . . . . . . . . . . . . . . . . . . Division 5 Suspension and cancellation of training approval 33M Grounds for suspension or cancellation of approval . 33N Procedure for suspension or cancellation . . . . . . . . . 16 16 17 18 18 18 19 19 19 19 20 21 21 21 21 23 23 23 23 24 25 25 25 26 2008 SL No. 189

Workplace Health and Safety and Other Legislation Amendment Regulation (No. 1) 2008 Contents 33O Immediate suspension of approval. . . . . . . . . . . . . . . 27 33P When immediate suspension has effect until . . . . . . . 28 21 Amendment of s 35 (How to apply for a certificate, other than an earthmoving or particular crane work certificate) . . . . . . . . . . . . . 28 22 Insertion of new s 36A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 36A Eligibility to obtain particular licence classes . . . . . . . 29 23 Amendment of s 37 (How to apply for a licence or variation of a licence to endorse another class of high risk work) . . . . . . . . . . . 30 24 Insertion of new s 37A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 37A If applicant for licence or variation of a licence holds a corresponding authority to licence or licence class . 31 25 Amendment of s 38B (Refusal to grant certificate, licence or variation—false assessment summary) . . . . . . . . . . . . . . . . . . . . 31 26 Amendment of s 45 (Replacement of certificate or licence). . . . . 31 27 Omission of pt 5, div 5 (Obligation of relevant person). . . . . . . . . 32 28 Insertion of new s 46EA and 46EB. . . . . . . . . . . . . . . . . . . . . . . . 32 46EA Ending of licence if application for corresponding authority ......................... 32 46EB Chief executive may advise recognised official of particular matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 29 Insertion of new pt 5, div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Division 6 Miscellaneous 46J Giving information for administering Act. . . . . . . . . . . 33 46K Particular work encompassed in licence classes . . . . 34 30 Insertion of new pt 23, div 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Division 9 Transitional provision for Workplace Health and Safety and Other Legislation Amendment Regulation (No. 1) 2008 253 Statement in assessment summary for unit of competency that person is competent . . . . . . . . . . . . 34 31 Amendment of sch 1 (Fees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 32 Amendment of sch 5 (Classes of high risk work and units of competency for the classes). . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 33 Amendment of sch 5A, s 1 (Bridge or gantry crane (remote controlled)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 34 Insertion of new sch 5B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 Schedule 5B Particular work encompassed in licence classes 35 Amendment of sch 9 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 43 2008 SL No. 189 Page 3

Workplace Health and Safety and Other Legislation Amendment Regulation (No. 1) 2008 Contents Part 3 36 37 Amendment of State Penalties EnforcementRegulation 2000 Regulation amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 5 (Other legislation) . . . . . . . . . . . . . . . . . . . . 45 45 Page 4 2008 SL No. 189

Workplace Health and Safety and Other Legislation Amendment Regulation (No. 1) 2008 Part 1 Preliminary [s 1] Part 1 Preliminary 1 Short title This regulation may be cited as the Workplace Health and Safety and Other Legislation Amendment Regulation (No. 1) 2008 . 2 Commencement (1) Sections 3 and 27 commence at the end of 30 June 2008. (2) The remaining provisions of this regulation commence on 1 July 2008 immediately after the commencement of the Workplace Health and Safety and Other Legislation Amendment Regulation (No.1) 2007 , part 2, division 3. Part 2 Amendment of Workplace Health and Safety Regulation 1997 3 Regulation amended in pt 2 This part amends the WorkplaceHealthandSafetyRegulation 1997. 4 Insertion of new pt 3, div 1A Part 3, before division 1— insert— 2008 SL No. 189 Page 5

Workplace Health and Safety and Other Legislation Amendment Regulation (No. 1) 2008 Part 2 Amendment of Workplace Health and Safety Regulation 1997 [s 4] ‘Division 1A Definitions ‘16D Meaning of assessment instrument ‘(1) Assessment instrument , for a unit of competency for a class of high risk work, means— (a) before 1 July 2009— (i) if a national standard has been declared under the Australian Workplace Safety Standards Act 2005 (Cwlth) stating an instrument, for the unit of competency, that relates to what is to be assessed for the unit of competency, how the assessment must be conducted and recording of the assessment results— (A) the instrument; or (B) the instrument for the unit of competency, issued by the chief executive, that relates to what is to be assessed for the unit of competency, how the assessment must be conducted and recording of the assessment results; or (ii) otherwise—the instrument mentioned in paragraph (a)(i)(B); or (b) on or after 1 July 2009— (i) if a national standard has been declared under the Australian Workplace Safety Standards Act 2005 (Cwlth) stating an instrument, for the unit of competency, that relates to what is to be assessed for the unit of competency, how the assessment must be conducted and recording of the assessment results—the instrument; or (ii) otherwise—the instrument for the unit of competency, issued by the chief executive, that relates to what is to be assessed for the unit of competency, how the assessment must be conducted and recording of the assessment results. Page 6 2008 SL No. 189

Workplace Health and Safety and Other Legislation Amendment Regulation (No. 1) 2008 Part 2 Amendment of Workplace Health and Safety Regulation 1997 [s 4] ‘(2) Assessment instrument , for a unit of competency for an earthmoving or particular crane occupation, means an instrument for the unit of competency, issued by the chief executive, that relates to what is to be assessed for the unit of competency, how the assessment must be conducted and recording of the assessment results. ‘16E Meaning of unit of competency ‘(1) Unit of competency , for a class of high risk work, means— (a) before 1 July 2009— (i) if a national standard has been declared under the Australian Workplace Safety Standards Act 2005 (Cwlth) stating a unit of competency for a class of licence, or a class of work, that corresponds or substantially corresponds to the class of high risk work— (A) the unit of competency; or (B) the unit of competency stated in schedule 5 for the class of high risk work; or (ii) otherwise—the unit of competency stated in schedule 5 for the class of high risk work; or (b) on or after 1 July 2009— (i) if a national standard has been declared under the Australian Workplace Safety Standards Act 2005 (Cwlth) stating a unit of competency for a class of licence, or a class of work, that corresponds to the class of high risk work—the unit of competency; or (ii) otherwise—the unit of competency stated in schedule 5 for the class of high risk work. ‘(2) Unit of competency , for an earthmoving or particular crane occupation, means the unit of competency stated in schedule 5A for the occupation.’. 2008 SL No. 189 Page 7

Workplace Health and Safety and Other Legislation Amendment Regulation (No. 1) 2008 Part 2 Amendment of Workplace Health and Safety Regulation 1997 [s 5] 5 Amendment of s 17 (Authority to perform high risk work) (1) Section 17(3)(b), ‘licence’— omit, insert— ‘document (however described)’. (2) Section 17(3)— insert— ‘(ca) each of the following apply— (i) the person is a worker who is undergoing an assessment, conducted by the worker’s employer, to decide the worker’s suitability to perform the high risk work; (ii) the assessment has lasted for not more than 1 month; (iii) the person is being directly supervised during the assessment by someone who holds a licence to perform the class of high risk work that includes the high risk work; (iv) the date on which the assessment started and the date on which the assessment is expected to end is documented by the employer; or’. (3) Section 17— insert— ‘(3A) However, high risk work may be performed only by a person who is at least 18 years, unless— (a) the person is a trainee; or (b) the person is a worker mentioned in subsection (3)(ca)(i).’. (4) Section 17(4)(c)(i) and (ii)— omit, insert— ‘(i) has a competent assessment result in the following assessments— Page 8 2008 SL No. 189

Workplace Health and Safety and Other Legislation Amendment Regulation (No. 1) 2008 Part 2 Amendment of Workplace Health and Safety Regulation 1997 [s 5] (A) written assessment; (B) practical assessment; (C) if an assignment is required to be assessed under the assessment instrument for the unit of competency, and was assessed—assignment assessment; and (ii) demonstrated the appropriate underpinning knowledge; and (d) be issued only if— (i) the person who performed the assessment is nominated by the registered training organisation to provide training and assessment services for the registered training organisation; and (ii) the registered training organisation’s scope of registration under the VocationalEducation,TrainingandEmploymentAct2000 covers the assessment and training to which the assessment relates; and (iii) for an assessment summary issued on or after 1 January 2009—the individual who performed the assessment— (A) holds a training approval in relation to the unit of competency; or (B) has complied with any criteria that must be complied with, under a corresponding law, to enable the individual to provide training and assessment for the unit of competency for a purpose that is the same as or similar to a purpose of this part.’. (5) Section 17— insert— ‘(6) Subsection (1) does not apply to a worker, and subsection (2) does not apply to a person, in relation to high risk work that is the operation of a bridge and gantry crane by the worker or 2008 SL No. 189 Page 9

Workplace Health and Safety and Other Legislation Amendment Regulation (No. 1) 2008 Part 2 Amendment of Workplace Health and Safety Regulation 1997 [s 6] person, to the extent that the worker or person has authority to perform the work under an earthmoving or particular crane work certificate. ‘(7) Subsection (1) applies to a worker, and subsection (2) applies to a person, in relation to high risk work that is the work of a dogger only if— (a) the load being lifted is lifted, to or from the ground, outside the view of the worker or person and the worker or person holds the licence class operator of a vehicle loading crane with a capacity of 10 metre tonnes or more; or (b) the load being lifted is lifted outside the view of the worker or person and the worker or person holds the licence class operator of a bridge and gantry crane; or (c) the load being lifted is lifted outside the view of the worker or person and the worker or person holds an earthmoving or particular crane certificate for the occupation operator of a bridge and gantry crane, if— (i) the load being lifted by remote control is more than 5t; and (ii) the crane has 3 or less powered operations.’. 6 Amendment of s 24 (Authority to perform work in an earthmoving or particular crane occupation) (1) Section 24(3)— insert— ‘(ba) each of the following apply— (i) the person is a worker who is undergoing an assessment, conducted by the worker’s employer, to decide the workers’s suitability to perform the work; (ii) the assessment has lasted for not more than 2 weeks; Page 10 2008 SL No. 189

Workplace Health and Safety and Other Legislation Amendment Regulation (No. 1) 2008 Part 2 Amendment of Workplace Health and Safety Regulation 1997 [s 6] (iii) the person is being directly supervised during the assessment by someone who holds a certificate to work in the occupation; (iv) the date on which the assessment started and the date on which the assessment is expected to end is documented by the employer; or’. (2) Section 24(3)— insert— ‘(g) for an occupation mentioned in schedule 5A—the person holds evidence of competency that— (i) is attained in another State; and (ii) is required to be held under the corresponding law of that State; and (iii) is equivalent to evidence of competency in the unit of competency.’. (3) Section 24(4)(c)(i) and (ii)— omit, insert— ‘(i) has a competent assessment result in the following assessments— (A) written assessment; (B) practical assessment; (C) if an assignment is required to be assessed under the assessment instrument for the unit of competency, and was assessed—assignment assessment; and (ii) demonstrated the appropriate underpinning knowledge; and (d) be issued only if— (i) the person who performed the assessment is nominated by the registered training organisation to provide training and assessment services for the registered training organisation; and 2008 SL No. 189 Page 11

Workplace Health and Safety and Other Legislation Amendment Regulation (No. 1) 2008 Part 2 Amendment of Workplace Health and Safety Regulation 1997 [s 7] (ii) the registered training organisation’s scope of registration under the VocationalEducation,TrainingandEmploymentAct2000 covers the assessment and training to which the assessment relates; and (iii) for an assessment summary issued on or after 1 January 2009—the individual who performed the assessment— (A) holds a training approval in relation to the unit of competency; or (B) has complied with any criteria that must be complied with, under a corresponding law, to enable the individual to provide training and assessment for the unit of competency for a purpose that is the same as or similar to a purpose of this part.’. (4) Section 24— insert— ‘(6) Subsection (1) does not apply to a worker, and subsection (2) does not apply to a person, in relation to work mentioned in subsection (7), if the worker or person has authority to perform the work under a licence to perform a class of high risk work. ‘(7) For subsection (6), the work is the operation of a bridge and gantry crane, if— (a) the load being lifted by remote control is more than 5t; and (b) the crane has 3 or less powered operations.’. 7 Omission of s 26 (Certificate holder to notify change of address) Section 26— omit. Page 12 2008 SL No. 189

Workplace Health and Safety and Other Legislation Amendment Regulation (No. 1) 2008 Part 2 Amendment of Workplace Health and Safety Regulation 1997 [s 8] 8 ‘28C Replacement of s 28C (Employer’s duty for training) Section 28C— omit, insert— Meaning of trainee ‘A person is a trainee if— (a) the person is receiving formal training and informal learning in an earthmoving or particular crane occupation, or in high risk work, under a training plan under section 28CB; and (b) the person is being supervised during the formal training or informal learning by someone who— (i) if the training is in an earthmoving or particular crane occupation—holds a certificate to work in the occupation; or (ii) if the training is in high risk work—holds a licence to perform the class of high risk work that includes the high risk work; and (c) the person’s employer keeps an up-to-date record of the formal training or informal learning. ‘28CA Employer’s duties for training ‘(1) A trainee’s employer must ensure the trainee— (a) is being trained to achieve the standard set for the unit of competency for the earthmoving or particular crane occupation, or class of high risk work, in which the trainee is being trained; and (b) is being supervised by a person who supervises the trainee as required under section 28D when the trainee performs work in the occupation or performs high risk work; and (c) keeps the training record mentioned in section 28E. Maximum penalty—20 penalty units. 2008 SL No. 189 Page 13

Workplace Health and Safety and Other Legislation Amendment Regulation (No. 1) 2008 Part 2 Amendment of Workplace Health and Safety Regulation 1997 [s 8] ‘(2) A trainee’s employer must keep a written record of the following in relation to the trainee’s training given by the employer— (a) the formal training given to the trainee and the date on which it was given; (b) the informal learning given to the trainee, including— (i) the scope of work performed by the trainee that is work in an earthmoving or particular crane occupation or high risk work; and (ii) the date on which the work was performed; and (iii) the type of plant used or operated for the performance of the work, and the serial number of the plant; and (iv) the name of the trainee’s supervisor during the informal learning, and the number of the earthmoving or particular crane work certificate, or the licence to perform a class of high risk work, under which work to supervise the trainee was performed; (c) the licensee’s progress in the formal training and informal learning, that is kept up-to-date; (d) the extent of the informal learning that the employer has decided is necessary for the trainee to receive, and the reasons for that decision; (e) the name of the person who decided the level of formal training and informal learning, and the level of supervision of the trainee required during the training and learning, and the experience of the person that is relevant to making the decisions. Maximum penalty—20 penalty units. ‘(3) For workplace experience in the use or operation of plant to be treated as informal learning for a trainee, the trainee must have already received formal training in the use or operation of that plant. Page 14 2008 SL No. 189

Workplace Health and Safety and Other Legislation Amendment Regulation (No. 1) 2008 Part 2 Amendment of Workplace Health and Safety Regulation 1997 [s 8] ‘28CB What training plan must state ‘For section 28C(a), a training plan for the formal training of and informal learning by a trainee (both of which are the training ) must state the following— (a) the trainee’s name and address; (b) the employer’s name and address; (c) the unit of competency for the earthmoving or particular crane occupation, or the class of high risk work that includes the high risk work, in which the trainee is to be trained; (d) the scope of the training, including the topics to be covered; (e) the nominal hours for the training; (f) the day the training is to start; (g) the day the training is to end; (h) the primary training locations; (i) the plant to be used or operated by the trainee for the training; (j) the certificate or licence that must be held by the supervisor as mentioned in section 28C(b); (k) the name of the person who is the employer’s contact in relation to the plan; (l) the arrangements for monitoring the training; (m) the arrangements for assessing the training; Example for paragraph (m) — A training plan may provide that a registered training organisation is to be engaged to — (a) evaluate the evidence of the training undertaken by the trainee; and (b) assess the trainee’s competence in the relevant competency. 2008 SL No. 189 Page 15

Workplace Health and Safety and Other Legislation Amendment Regulation (No. 1) 2008 Part 2 Amendment of Workplace Health and Safety Regulation 1997 [s 9] (n) the way the training must be recorded, including, for example, by keeping a training record as required under section 28CA(2) or 28E.’. 9 Insertion of new pt 3, div 3A After section 28F— insert— ‘Division 3A Employer’s obligation if worker is undergoing assessment for suitability to perform work ‘28FA Supervision of worker and record keeping ‘(1) This section applies if a worker is undergoing an assessment, conducted by the worker’s employer, to decide the worker’s suitability to perform work in an earthmoving or particular crane occupation or high risk work. ‘(2) The employer must ensure the worker is being directly supervised during the assessment by someone who holds— (a) if the work is in an earthmoving or particular crane occupation—an earthmoving or particular crane work certificate for the occupation; or (b) if the work is high risk work—a licence to perform the class of high risk work that includes the high risk work. Maximum penalty—20 penalty units. ‘(3) The employer must make a written record that states the following— (a) the worker’s name and address; (b) the employer’s name and address; (c) the unit of competency for the earthmoving or particular crane occupation, or the class of high risk work that includes the high risk work; (d) the day the assessment is to start; Page 16 2008 SL No. 189

Workplace Health and Safety and Other Legislation Amendment Regulation (No. 1) 2008 Part 2 Amendment of Workplace Health and Safety Regulation 1997 [s 10] (e) the day the assessment is to end; (f) the plant to be used or operated by the worker for the assessment; (g) the earthmoving or particular crane work certificate, or licence to perform a class of high risk work, under which work to directly supervise the worker was performed; (h) the worker’s progress in the work to which the assessment relates, that is kept up-to-date. Maximum penalty—20 penalty units. ‘(4) The employer must keep the record for at least 5 years after the day the assessment ends. Maximum penalty—20 penalty units.’. 10 Amendment of s 28J (Revival of authority) (1) Section 28J(4)— omit, insert— ‘(4) If a person gives notice under subsection (2) and the certificate that was held— (a) related to work that corresponds or substantially corresponds to the work to which an earthmoving or particular crane occupation relates—the person is taken to hold an earthmoving or particular crane work certificate for the occupation; or (b) related to work that corresponds less than substantially to the work to which an earthmoving or particular crane occupation relates—the person is taken to hold an earthmoving or particular crane work certificate that is limited in scope to the scope of the certificate that was held. 2008 SL No. 189 Page 17

Workplace Health and Safety and Other Legislation Amendment Regulation (No. 1) 2008 Part 2 Amendment of Workplace Health and Safety Regulation 1997 [s 11] Example of work that corresponds less than substantially to the work to which an earthmoving or particular crane occupation relates — the operation of a backhoe only in a particular mode corresponds less than substantially with the earthmoving or particular crane occupation operator of a front-end loader or backhoe having an engine capacity of more than 2L.’. (2) Section 28J(6)— omit, insert— ‘(6) If a person gives notice under subsection (2) but is not taken to hold a certificate under subsection (4), the person may make an application under section 28M relating to the certificate mentioned in subsection (1).’. 11 Amendment of s 28K (Conversion of certificates) Section 28K(2), after paragraph (a)— insert— ‘(aa) if the certificate related to work that corresponds less than substantially to the work to which an earthmoving or particular crane occupation relates—an earthmoving or particular crane work certificate that is limited in scope to the scope of the certificate;’. 12 Amendment of s 28L (Pre-July 2008 licence to perform a class of high risk work will end unless converted to a renewable licence) Section 28L(1)(e), ‘before 1 July 2008’— omit, insert— ‘in 2008 but before 1 July 2008’. 13 Amendment of pt 4A, heading (Accredited providers, assessment summaries and registered training organisations) Part 4A, heading— Page 18 2008 SL No. 189

Workplace Health and Safety and Other Legislation Amendment Regulation (No. 1) 2008 Part 2 Amendment of Workplace Health and Safety Regulation 1997 [s 14] omit, insert— ‘Part 4A Accredited providers, registered training organisations, approvals and related matters ‘Division 1 Accredited providers’. 14 Amendment of ss 33B and 33C Sections 33B and 33C— Relocate after section 33 and renumber as sections 33AA and 33AB.15 Insertion of new pt 4A, div 2, hdg After section 33AB, as relocated and renumbered— insert— ‘Division 2 Duties, and monitoring, of registered training organisations’. 16 ‘33B Insertion of new ss 33B and 33C After section 33A— insert— When registered training organisation must not make practical assessment ‘A registered training organisation must not make a practical assessment of an applicant’s competency, in a unit of competency, for part 3, 3A, 3B or 4 unless— (a) either— 2008 SL No. 189 Page 19

Workplace Health and Safety and Other Legislation Amendment Regulation (No. 1) 2008 Part 2 Amendment of Workplace Health and Safety Regulation 1997 [s 16] (i) the applicant has finished the formal training and informal learning for the unit of competency; or (ii) the registered training organisation is satisfied, on reasonable grounds, that the applicant has acquired adequate skill and knowledge relevant to the unit of competency in a way other than by training; and (b) the applicant had a competent assessment result in— (i) the written assessment in the unit of competency; and (ii) if an assignment is required to be assessed under the assessment instrument for the unit of competency, and was assessed—assignment assessment in the unit of competency. Maximum penalty—20 penalty units. ‘33C Registered training organisation’s duties before issuing statement of attainment ‘(1) This section applies if a registered training organisation provides training in a unit of competency for part 3, 3A, 3B or 4. ‘(2) The registered training organisation must perform an assessment in the unit of competency in accordance with the assessment instrument for the unit of competency, before issuing a statement of attainment for the unit of competency. Maximum penalty—20 penalty units. ‘(3) Subsection (2) does not apply if, under a table of equivalent competencies issued by the chief executive, the registered training organisation has decided the person is eligible to receive recognition of competency as equivalent to competency in the unit of competency. ‘(4) If subsection (3) does not apply, the registered training organisation must not issue a statement of attainment unless the person to whom the statement relates has a competent Page 20 2008 SL No. 189

Workplace Health and Safety and Other Legislation Amendment Regulation (No. 1) 2008 Part 2 Amendment of Workplace Health and Safety Regulation 1997 [s 17] assessment result in the following assessments in the unit of competency— (a) written assessment; (b) practical assessment; (c) if an assignment is required to be assessed under the assessment instrument for the unit of competency, and was assessed—assignment assessment. Maximum penalty—20 penalty units.’. 17 Amendment of s 33D (Record of assessment by registered training organisation) Section 33D(a) and (b)— omit, insert— ‘(a) make an assessment summary for the unit of competency to which the assessment relates; (b) if the registered training organisation decides that the applicant is competent in the unit of competency—issue a statement of attainment for the unit of competency; (c) give a copy of the assessment summary and statement of attainment to the applicant.’. 18 Renumbering of s 33E Section 33E— renumber as section 33G. 19 ‘33E Insertion of new ss 33E and 33F and pt 4A, div 3, hdg After section 33D— insert— Other duties of registered training organisation ‘A registered training organisation that provides training in a unit of competency for part 3, 3A, 3B or 4 must— 2008 SL No. 189 Page 21

Workplace Health and Safety and Other Legislation Amendment Regulation (No. 1) 2008 Part 2 Amendment of Workplace Health and Safety Regulation 1997 [s 19] (a) provide the training in accordance with the unit of competency; and (b) for a unit of competency for part 3—allow an individual to assess an applicant’s competency for the unit of competency, only if the individual, on or after 1 January 2009— (i) holds a training approval in relation to the unit of competency; or (ii) has complied with any criteria that must be complied with, under a corresponding law, to enable the individual to provide training and assessment relating to the unit of competency for a purpose that is the same as or similar to a purpose of part 3; and (c) give a test for an assessment of an applicant’s competency for part 3, 3A, 3B or 4, only in accordance with any tests and assessment instructions issued by the chief executive; and (d) not give the test to a trainee before the trainee does the test; and (e) keep, in a secure way, any model answers for the test until after the test is given to the trainee; and (f) not give any model answers for the test to a trainee until after the test is given to the trainee; and (g) keep the test papers and answers, and a copy of the assessment summary, for the assessment for at least 5 years from the day of the assessment; and (h) for part 3, recognise competency as equivalent to competency in a unit of competency, only in accordance with a table of equivalent competencies, issued by the chief executive. Maximum penalty—20 penalty units. Page 22 2008 SL No. 189

Workplace Health and Safety and Other Legislation Amendment Regulation (No. 1) 2008 Part 2 Amendment of Workplace Health and Safety Regulation 1997 [s 20] ‘33F Monitoring of registered training organisation’s compliance ‘(1) The chief executive may monitor a registered training organisation’s compliance with this division. ‘(2) The chief executive must report the results of the monitoring to the chief executive of the department within which the Vocational Education, Training and Employment Act 2000 is administered. ‘Division 3 False documents’. 20 ‘33H Insertion of new s 33H and pt 4A, divs 4 and 5 After section 33G, as renumbered— insert— Making available document purporting to be statement of attainment ‘A person must not make available to another person a document that— (a) purports to be a statement of attainment; and (b) is relied on, or likely to be relied on, under this regulation; if the person knows the document is not a statement of attainment. Maximum penalty—40 penalty units. ‘Division 4 Approval of individual to provide training and assessment ‘33I Approval of individual to provide training and assessment ‘(1) An individual may apply to the chief executive for approval to provide training and assessment, for part 3 for either or both 2008 SL No. 189 Page 23

Workplace Health and Safety and Other Legislation Amendment Regulation (No. 1) 2008 Part 2 Amendment of Workplace Health and Safety Regulation 1997 [s 20] of the following, for a registered training organisation whose scope of registration under the Vocational Education, TrainingandEmploymentAct2000 covers the assessment and training— (a) a unit of competency for a class of high risk work; (b) a unit of competency for an earthmoving or particular crane occupation. ‘(2) The chief executive may decide to grant the application only if the chief executive is satisfied the individual has the qualifications, training and experience to provide the training and assessment to the standard appropriate for part 3. ‘(3) The application must— (a) be made in writing; and (b) be accompanied by advice by the registered training organisation to the chief executive that the registered training organisation supports the application; and (c) be supported by enough information to enable the chief executive to decide the application. ‘(4) The chief executive may require the applicant to give the chief executive any further information the chief executive reasonably requires to decide the application. ‘(5) A requirement under subsection (4) may state a reasonable period, of at least 28 days, by which the stated further information must be given to the chief executive. ‘33J Chief executive to decide application for training approval within 28 days ‘(1) The chief executive must decide the application for training approval within 28 days after the application is made. ‘(2) However, if the chief executive requires the applicant to give the chief executive further information under section 33I(4), the chief executive must decide the application within a reasonable period, but within 28 days, after receiving the information. Page 24 2008 SL No. 189

Workplace Health and Safety and Other Legislation Amendment Regulation (No. 1) 2008 Part 2 Amendment of Workplace Health and Safety Regulation 1997 [s 20] ‘33K Grant of approval ‘If the chief executive decides to grant the application for training approval, the chief executive must grant the approval, in the approved form, to the applicant within 10 days after making the decision. ‘33L Notice of refusal of application ‘(1) If the chief executive decides to refuse the application for training approval, the chief executive must give written notice to the applicant of the decision within 10 days after making the decision. ‘(2) The notice must state— (a) the reasons for the refusal; and (b) that the person may appeal against the decision under part 11 of the Act. ‘Division 5 Suspension and cancellation of training approval ‘33M Grounds for suspension or cancellation of approval ‘(1) The chief executive may, on the grounds mentioned in subsection (2), suspend or cancel a training approval. ‘(2) The grounds are as follows— (a) the holder of the training approval has contravened the Act or this regulation, whether or not the holder has been charged with, or convicted of, an offence; (b) the approval was— (i) issued in error; or (ii) issued because of a false or misleading document or representation; or (iii) obtained in another improper way. 2008 SL No. 189 Page 25

Workplace Health and Safety and Other Legislation Amendment Regulation (No. 1) 2008 Part 2 Amendment of Workplace Health and Safety Regulation 1997 [s 20] ‘33N Procedure for suspension or cancellation ‘(1) Before taking action under section 33M(1), the chief executive must give the holder of the training approval a written notice that— (a) states the action proposed to be taken under section 33M(1); and (b) states the grounds for the proposed action; and (c) outlines the facts and circumstances forming the basis for the grounds; and (d) if the proposed action is suspension of the training approval—states the proposed period of the suspension; and (e) invites the holder to show, within a stated period of at least 28 days, why the proposed action should not be taken. ‘(2) If, after considering all representations made within the stated period, the chief executive still considers grounds to take the proposed action exist, the chief executive may— (a) if the notice stated a proposal to suspend the training approval—suspend the approval for a period no longer than the stated period; or (b) if the notice stated a proposal to cancel the training approval—cancel or suspend the approval. ‘(3) The chief executive must, by written notice, inform the holder about the decision. ‘(4) A notice under subsection (3) must be given within 5 days after the chief executive makes the decision. ‘(5) The chief executive must give a copy of the notice under subsection (3) to the registered training organisation for which the holder provides training and assessment. ‘(6) If the chief executive decides to suspend or cancel the training approval, the notice under subsection (3) must state— (a) the reasons for the decision; and Page 26 2008 SL No. 189

Workplace Health and Safety and Other Legislation Amendment Regulation (No. 1) 2008 Part 2 Amendment of Workplace Health and Safety Regulation 1997 [s 20] (b) that the holder may appeal against the decision under part 11 of the Act. ‘(7) The decision takes effect on the later of the following— (a) the day the notice under subsection (3) is given to the holder; (b) the day stated in that notice. ‘33O Immediate suspension of approval ‘(1) This section applies if the chief executive reasonably believes— (a) a training approval was— (i) issued in error or because of a false or misleading document or representation; or (ii) obtained in another improper way; and (b) a person may be exposed to substantial risks to his or her health or safety if urgent action to suspend the approval is not taken. ‘(2) The chief executive may, by notice under subsection (3), ( immediate suspension notice ) immediately suspend the approval. ‘(3) The immediate suspension notice must state the following— (a) that the training approval is suspended; (b) the grounds for the suspension; (c) an outline of the facts and circumstances forming the basis of the grounds; (d) the immediate suspension has effect until the later of the following— (i) 14 days after the date of the immediate suspension notice; or (ii) if, within that period of 14 days, a notice is given under section 33N(1) to the holder—when a decision of the chief executive relating to the 2008 SL No. 189 Page 27

Workplace Health and Safety and Other Legislation Amendment Regulation (No. 1) 2008 Part 2 Amendment of Workplace Health and Safety Regulation 1997 [s 21] proposed action to suspend or cancel the approval takes effect under section 33N(7); (e) that the holder may appeal against the decision to immediately suspend the training approval under part 11 of the Act. ‘(4) The chief executive must give a copy of the immediate suspension notice to the registered training organisation for which the holder provides training and assessment. ‘33P When immediate suspension has effect until ‘(1) This section applies if an immediate suspension notice is given to the holder of a training approval. ‘(2) The suspension has effect until the later of the following— (a) 14 days after the immediate suspension notice is given; or (b) if, within that period of 14 days, a notice under section 33N(1) is given to the holder—when a decision of the chief executive relating to the proposed action to suspend or cancel the approval takes effect under section 33N(7).’. 21 Amendment of s 35 (How to apply for a certificate, other than an earthmoving or particular crane work certificate) Section 35(1)(c)— omit, insert— ‘(c) be accompanied by— (i) the fee under schedule 1 for the application; and (ii) evidence, satisfactory to the chief executive, of the applicant’s identity, including date of birth; and (iii) an assessment summary complying with section 24(4)(a) to (c) for the applicant for the unit of competency that relates to the application; and Page 28 2008 SL No. 189

Workplace Health and Safety and Other Legislation Amendment Regulation (No. 1) 2008 Part 2 Amendment of Workplace Health and Safety Regulation 1997 [s 22] (iv) a statement of attainment for the applicant for the unit of competency, issued by a registered training organisation within 60 days before the application is made.’. 22 Insertion of new s 36A After section 36— insert— ‘36A Eligibility to obtain particular licence classes ‘(1) To be eligible to obtain the licence class basic rigger, a person must hold— (a) the licence class dogger or a corresponding authority to the licence class; or (b) a summary, and statement of attainment, for the unit of competency for the class of high risk work dogger. ‘(2) To be eligible to obtain the licence class intermediate rigger, a person must hold— (a) the licence class basic rigger or a corresponding authority to the licence class; or (b) a summary, and statement of attainment, for the unit of competency for the class of high risk work basic rigger. ‘(3) To be eligible to obtain the licence class advanced rigger, a person must hold— (a) the licence class intermediate rigger or a corresponding authority to the licence class; or (b) a summary, and statement of attainment, for the unit of competency for the class of high risk work intermediate rigger. ‘(4) To be eligible to obtain the licence class intermediate scaffolder, a person must hold— (a) the licence class basic scaffolder or a corresponding authority to the licence class; or 2008 SL No. 189 Page 29

Workplace Health and Safety and Other Legislation Amendment Regulation (No. 1) 2008 Part 2 Amendment of Workplace Health and Safety Regulation 1997 [s 23] (b) a summary, and statement of attainment, for the unit of competency for the class of high risk work basic scaffolder. ‘(5) To be eligible to obtain the licence class advanced scaffolder, a person must hold— (a) the licence class intermediate scaffolder or a corresponding authority to the licence class; or (b) a summary, and statement of attainment, for the unit of competency for the class of high risk work intermediate scaffolder. ‘(6) To be eligible to obtain the licence class intermediate boiler operator, a person must hold— (a) the licence class basic boiler operator or a corresponding authority to the licence class; or (b) a summary for the unit of competency for the class of high risk work basic boiler operator. ‘(7) To be eligible to obtain the licence class advanced boiler operator, a person must hold— (a) the licence class intermediate boiler operator or a corresponding authority to the licence class; or (b) a summary for the unit of competency for the class of high risk work intermediate boiler operator. ‘(8) In this section— summary means an assessment summary complying with section 17(4).’. 23 Amendment of s 37 (How to apply for a licence or variation of a licence to endorse another class of high risk work) Section 37(2), ‘relates or’— omit, insert— ‘relates or, subject to section 37A,’. Page 30 2008 SL No. 189

Workplace Health and Safety and Other Legislation Amendment Regulation (No. 1) 2008 Part 2 Amendment of Workplace Health and Safety Regulation 1997 [s 24] 24 Insertion of new s 37A After section 37— insert— ‘37A If applicant for licence or variation of a licence holds a corresponding authority to licence or licence class ‘(1) This section applies if an applicant for a licence or for a variation of a licence to endorse another class of high risk work on the licence holds a corresponding authority to the licence or to the licence class to which the application relates. ‘(2) The chief executive must not issue the licence or licence class unless the recognised authority has advised the chief executive that the corresponding authority is validly held. ‘(3) Without limiting the things that must accompany the application, the application must be accompanied by written authority given by the applicant to the recognised official who issued the corresponding authority to cancel or otherwise end the corresponding authority.’. 25 Amendment of s 38B (Refusal to grant certificate, licence or variation—false assessment summary) Section 38B(2), ‘section 33E’— omit, insert— ‘section 33G’. 26 Amendment of s 45 (Replacement of certificate or licence) (1) Section 45(3)— renumber as section 45(4). (2) Section 45(2)— omit, insert— ‘(2) If the application relates to an earthmoving or particular crane work certificate, the application must be accompanied by— 2008 SL No. 189 Page 31

Workplace Health and Safety and Other Legislation Amendment Regulation (No. 1) 2008 Part 2 Amendment of Workplace Health and Safety Regulation 1997 [s 27] (a) evidence, satisfactory to the chief executive, of the applicant’s identity; and (b) a statutory declaration stating the circumstances in which the certificate was lost, damaged, destroyed or stolen; and (c) the fee under schedule 1 for the application. ‘(3) If the application relates to a licence, the application must— (a) state the circumstances in which the licence was lost, damaged, destroyed or stolen; and (b) be accompanied by— (i) evidence, satisfactory to the chief executive, of the applicant’s identity; and (ii) the fee under schedule 1 for the application.’. 27 Omission of pt 5, div 5 (Obligation of relevant person) Part 5, division 5— omit. 28 Insertion of new s 46EA and 46EB After section 46E— insert— ‘46EA Ending of licence if application for corresponding authority ‘The chief executive may end a licence, or licence class, if the holder of the licence or licence class— (a) applied for a corresponding authority to the licence or licence class; and (b) authorised the chief executive, in writing, to end the licence or licence class. Page 32 2008 SL No. 189

Workplace Health and Safety and Other Legislation Amendment Regulation (No. 1) 2008 Part 2 Amendment of Workplace Health and Safety Regulation 1997 [s 29] ‘46EB Chief executive may advise recognised official of particular matters ‘(1) Subsection (2) applies if— (a) a person has applied for— (i) a licence; or (ii) a variation of a licence to endorse another class of high risk work on the licence; and (b) the person holds a corresponding authority to the licence or to the licence class to which the application relates; and (c) the application was accompanied by written authority given by the person to the recognised official to cancel or otherwise end the corresponding authority. ‘(2) The chief executive may advise the recognised official of the matters mentioned in subsection (1).’. 29 Insertion of new pt 5, div 6 After section 46I— insert— ‘Division 6 Miscellaneous ‘46J Giving information for administering Act ‘(1) This section applies if the chief executive reasonably believes— (a) a relevant person is a worker’s employer or prospective employer; and (b) the relevant person asks for information mentioned in subsection (2) about the worker; and (c) giving the information to the relevant person is consistent with the administration of the Act. 2008 SL No. 189 Page 33

Workplace Health and Safety and Other Legislation Amendment Regulation (No. 1) 2008 Part 2 Amendment of Workplace Health and Safety Regulation 1997 [s 30] ‘(2) The chief executive may give the following information to the relevant person— (a) that the worker holds or does not hold a particular valid earthmoving or particular crane work certificate or licence to perform a class of high risk work; and (b) the next action that must be taken by the worker to ensure the worker continues to hold a valid earthmoving or particular crane work certificate or licence to perform a class of high risk work, including, for example, a renewal of the certificate or licence; and (c) the date by which the action must be taken. ‘46K Particular work encompassed in licence classes ‘(1) For each licence class mentioned in schedule 5B, part 1, column 1, column 2 of that part states the work, under another licence class, that is encompassed in the licence class. ‘(2) For the licence class mentioned in schedule 5B, part 2, column 1, column 2 of that part states the work, under an earthmoving or particular crane work certificate, that is encompassed in the licence class.’. 30 Insertion of new pt 23, div 9 After section 252— insert— ‘Division 9 Transitional provision for Workplace Health and Safety and Other Legislation Amendment Regulation (No. 1) 2008 ‘253 Statement in assessment summary for unit of competency that person is competent ‘(1) This section applies if— Page 34 2008 SL No. 189

Workplace Health and Safety and Other Legislation Amendment Regulation (No. 1) 2008 Part 2 Amendment of Workplace Health and Safety Regulation 1997 [s 31] (a) a person holds an assessment summary, issued before the commencement of this section, stating for the unit of competency to which the assessment summary relates that the person named in the assessment summary is competent; and (b) the person has a competent assessment result in the following assessments in the unit of competency— (i) written assessment; (ii) practical assessment; (iii) if an assignment is required to be assessed under the assessment instrument for the unit of competency, and was assessed—assignment assessment. ‘(2) For sections 17(4)(c) and 24(4)(c), the person is taken to hold an assessment summary stating for the unit of competency to which the assessment summary relates that the person named in the assessment summary has a competent assessment result in the assessments mentioned in subsection (1)(b).’. 31 Amendment of sch 1 (Fees) Schedule 1, section 4B(2)— omit, insert— ‘(2) The fee is— (a) for an application, under section 37, for a licence to perform a class of high risk work— (i) for each licence class that is mentioned in subsection (3) and endorsed on the licence—the amount stated in subsection (4) for the licence class; or (ii) for each licence class that is endorsed on the licence and not mentioned in subsection (3). . . . . . . . . . . . . . . . . . . . . . 65.00 2008 SL No. 189 Page 35

Workplace Health and Safety and Other Legislation Amendment Regulation (No. 1) 2008 Part 2 Amendment of Workplace Health and Safety Regulation 1997 [s 31] (b) for an application, under section 37, for a variation of a licence to perform a class of high risk work to endorse another class of high risk work on the licence— (i) for each additional licence class that is mentioned in subsection (3) and endorsed on the licence—the amount stated in subsection (4) for the licence class; or (ii) for each additional licence class that is not mentioned in subsection (3) and is endorsed on the licence . . . . . . . . . . . . . . (c) for an application, under section 38L, for renewal of a licence to perform a class of high risk work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (d) for an application, under section 45, to replace a lost, damaged, destroyed or stolen licence to perform a class of high risk work . . . . . . . . . . (3) For subsection (2)(a)(i) and (b)(i), the licence classes are as follows— (a) basic rigger; (b) intermediate rigger; (c) advanced rigger; (d) intermediate scaffolder; (e) advanced scaffolder; (f) intermediate boiler operator; (e) advanced boiler operator. (4) For subsection (2)(a)(i) and (b)(i), the amount is as follows— (a) for the licence class basic rigger— (i) if the applicant for the licence holds the licence class dogger . . . . . . . . . . . . . . . . . (ii) otherwise . . . . . . . . . . . . . . . . . . . . . . . . . (b) for the licence class intermediate rigger— (i) if the applicant holds the licence class basic rigger . . . . . . . . . . . . . . . . . . . . . . . (ii) if the applicant holds the licence class dogger but not basic rigger . . . . . . . . . . . 65.00 60.00 25.70 65.00 130.00 65.00 130.00 Page 36 2008 SL No. 189

Workplace Health and Safety and Other Legislation Amendment Regulation (No. 1) 2008 Part 2 Amendment of Workplace Health and Safety Regulation 1997 [s 31] (iii) if the applicant does not hold the licence class dogger or basic rigger . . . . . . . . . . . (c) for the licence class advanced rigger— (i) if the applicant holds the licence class intermediate rigger. . . . . . . . . . . . . . . . . . (ii) if the applicant holds the licence class basic rigger but not intermediate rigger. . (iii) if the applicant holds the licence class dogger but not basic rigger or intermediate rigger. . . . . . . . . . . . . . . . . . (iv) if the applicant does not hold any of the following licence classes— (A) dogger; (B) basic rigger; (C) intermediate rigger. . . . . . . . . . . . . . (d) for the licence class intermediate scaffolder— (i) if the applicant holds the licence class basic scaffolder . . . . . . . . . . . . . . . . . . . . (ii) otherwise . . . . . . . . . . . . . . . . . . . . . . . . . (e) for the licence class advanced scaffolder— (i) if the applicant holds the licence class intermediate scaffolder . . . . . . . . . . . . . . (ii) if the applicant holds the licence class basic scaffolder but not intermediate scaffolder . . . . . . . . . . . . . . . . . . . . . . . . . (iii) if the applicant does not hold the licence class basic scaffolder or intermediate scaffolder . . . . . . . . . . . . . . . . . . . . . . . . . (f) for the licence class intermediate boiler operator— (i) if the applicant holds the licence class basic boiler operator . . . . . . . . . . . . . . . . (ii) otherwise . . . . . . . . . . . . . . . . . . . . . . . . . (g) for the licence class advanced boiler operator— 195.00 65.00 130.00 195.00 260.00 65.00 130.00 65.00 130.00 195.00 65.00 130.00 2008 SL No. 189 Page 37

Workplace Health and Safety and Other Legislation Amendment Regulation (No. 1) 2008 Part 2 Amendment of Workplace Health and Safety Regulation 1997 [s 32] (i) if the applicant holds the licence class intermediate boiler operator. . . . . . . . . . . (ii) if the applicant holds the licence class basic boiler operator but not intermediate boiler operator . . . . . . . . . . . . . . . . . . . . . (iii) if the applicant does not hold the licence class basic boiler operator or intermediate boiler operator. . . . . . . . . . . (5) A reference in subsection (4)— (a) to an applicant who holds a particular licence class includes a reference to an applicant who holds a corresponding authority to the licence class; or (b) to an applicant who does not hold a particular licence includes a reference to an applicant who does not hold a corresponding authority to that licence class.’. 65.00 130.00 195.00 32 Amendment of sch 5 (Classes of high risk work and units of competency for the classes) (1) Schedule 5, section 12, heading and subsection (1)— omit, insert— ‘12 Bridge and gantry crane (open) ‘(1) The class of work is operator of a bridge and gantry crane. Note — See sections 17(6) and 24(6) and schedule 5A, section 1 (Bridge and gantry crane (remote control only)).’. (2) Schedule 5, section 15(1)— omit, insert— ‘(1) The class of work is operator of a slewing mobile crane with a capacity of 20t or less.’. (3) Schedule 5, section 16(1)— omit, insert— Page 38 2008 SL No. 189

Workplace Health and Safety and Other Legislation Amendment Regulation (No. 1) 2008 Part 2 Amendment of Workplace Health and Safety Regulation 1997 [s 33] ‘(1) The class of work is operator of a slewing mobile crane with a capacity of 60t or less.’. (4) Schedule 5, section 17(1)— omit, insert— ‘(1) The class of work is operator of a slewing mobile crane with a capacity of 100t or less.’. (5) Schedule 5, section 18(1)— omit, insert— ‘(1) The class of work is operator of a slewing mobile crane with a capacity of more than 100t.’. (6) Schedule 5, section 20, heading and subsection (1), ‘or’— omit, insert— ‘and’. 33 Amendment of sch 5A, s 1 (Bridge or gantry crane (remote controlled)) Schedule 5A, section 1, heading and subsection (1)— omit, insert— ‘1 Bridge and gantry crane (remote control only) ‘(1) The occupation is operator of a bridge and gantry crane, if— (a) the load being lifted by remote control is more than 5t; and (b) the crane has the ability to perform 3 or less powered operations. Note — See sections 17(6) and 24(6) and schedule 5, section 12 (Bridge and gantry crane (open)).’. 2008 SL No. 189 Page 39

Workplace Health and Safety and Other Legislation Amendment Regulation (No. 1) 2008 Part 2 Amendment of Workplace Health and Safety Regulation 1997 [s 34] 34 Insertion of new sch 5B After schedule 5A— insert— ‘Schedule 5B Particular work encompassed in licence classes Part 1 section 46K Work, under another licence class, encompassed in a licence class Column 1 Column 2 Licence class Work, under another licence class, that is encompassed in the licence class 1 Basic rigger 1 Work of a dogger 2 Intermediate rigger 2 Work of a dogger or basic rigger 3 Advanced rigger 3 Work of a dogger, basic rigger or intermediate rigger 4 Intermediate scaffolder 4 Work of a basic scaffolder 5 Advanced scaffolder 5 Work of a basic scaffolder or intermediate scaffolder 6 Operator of a slewing mobile 6 Operator of— crane with a capacity of 20t or (a) a non-slewing mobile less crane with a capacity of more than 3t; or (b) a vehicle loading crane with a capacity of 10 metre tonnes or more Page 40 2008 SL No. 189

Workplace Health and Safety and Other Legislation Amendment Regulation (No. 1) 2008 Part 2 Amendment of Workplace Health and Safety Regulation 1997 [s 34] Column 1 Column 2 Licence class Work, under another licence class, that is encompassed in the licence class 7 Operator of a slewing mobile 7 Operator of— crane with a capacity of 60t or (a) a slewing mobile crane less with a capacity of 20t or less; or (b) a non-slewing mobile crane with a capacity of more than 3t; or (c) a vehicle loading crane with a capacity of 10 metre tonnes or more 8 Operator of a slewing mobile 8 Operator of— crane with a capacity of 100t (a) a slewing mobile crane or less with a capacity of 20t or less; or (b) a slewing mobile crane with a capacity of 60t or less; or (c) a non-slewing mobile crane with a capacity of more than 3t; or (d) a vehicle loading crane with a capacity of 10 metre tonnes or more 2008 SL No. 189 Page 41

Workplace Health and Safety and Other Legislation Amendment Regulation (No. 1) 2008 Part 2 Amendment of Workplace Health and Safety Regulation 1997 [s 34] Column 1 Column 2 Licence class Work, under another licence class, that is encompassed in the licence class 9 Operator of a slewing mobile 9 Operator of— crane with a capacity of more (a) a slewing mobile crane than 100t with a capacity of 20t or less; or (b) a slewing mobile crane with a capacity of 60t or less; or (c) a slewing mobile crane with a capacity of 100t or less; or (d) a non-slewing mobile crane with a capacity of more than 3t; or (e) a vehicle loading crane with a capacity of 10 metre tonnes or more 10 Intermediate boiler operator 10 Work of a basic boiler operator 11 Advanced boiler operator 11 Work of a basic boiler operator or intermediate boiler operator Page 42 2008 SL No. 189

Workplace Health and Safety and Other Legislation Amendment Regulation (No. 1) 2008 Part 2 Amendment of Workplace Health and Safety Regulation 1997 [s 35] Part 2 Work, under earthmoving or particular crane work certificate, encompassed in licence class operator of a bridge and gantry crane Column 1 Column 2 Licence class Work, under an earthmoving or particular crane work certificate, that is encompassed in the licence class 1 Operator of a bridge and 1 Operation of a bridge and gantry gantry crane crane, if — (a) the load being lifted by remote control is more than 5t; and (b) the crane has 3 or less powered operations.’. 35 Amendment of sch 9 (Dictionary) (1) Schedule 9, definitions directly supervise , trainee and unit of competency — omit. (2) Schedule 9— insert— ‘ application for training approval means an application under section 33I. assessment instrument , for a unit of competency for a class of high risk work or for a unit of competency for an earthmoving or particular crane occupation, see section 16D. directly supervise , a trainee or a worker who is undergoing an assessment, conducted by the worker’s employer, to decide the worker’s suitability to perform high risk work, means 2008 SL No. 189 Page 43

Workplace Health and Safety and Other Legislation Amendment Regulation (No. 1) 2008 Part 2 Amendment of Workplace Health and Safety Regulation 1997 [s 35] overseeing the work of the trainee or worker for the purposes of— (a) directing, demonstrating, monitoring and checking the trainee’s or worker’s performance in a way that is appropriate to the trainee’s or worker’s competency level; and (b) ensuring a capacity to respond in an emergency situation. formal training means training involving theory and practical demonstration. informal learning means workplace experience. powered operation , in relation to a bridge and gantry crane, means— (a) raising and lowering a load; or (b) moving the crane along runways; or (c) traversing the crane’s hoisting mechanism across a bridge beam; or (d) rotating the crane’s hoisting mechanism. trainee see section 28C. training approval means an approval granted under section 33K. unit of competency , for a class of high risk work or for an earthmoving or particular crane occupation, see section 16E. (3) Schedule 9, definitions advanced scaffolder , paragraph (b), basic scaffolder , and intermediate scaffolder , paragraph (b), after ‘scaffolding work’— insert— ‘, using scaffolding from which a person or object may fall more than 4m,’. (4) Schedule 9, definition assessment , ‘, as expressed in the learning outcomes of a unit of competency’— omit . Page 44 2008 SL No. 189

Workplace Health and Safety and Other Legislation Amendment Regulation (No. 1) 2008 Part 3 Amendment of State Penalties Enforcement Regulation 2000 [s 36] Part 3 Amendment of State Penalties Enforcement Regulation 2000 36 Regulation amended in pt 3 This part amends the StatePenaltiesEnforcementRegulation 2000. 37 Amendment of sch 5 (Other legislation) (1) Schedule 5, entry for the WorkplaceHealthandSafetyRegulation 1997 , entries for sections 17(2), 24, 25, 33B(2)(a) and 33D(a)— omit. (2) Schedule 5, entry for the WorkplaceHealthandSafetyRegulation 1997 — insert— ‘s 17(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 24(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 24(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 28CA(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . s 28CA(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . s 28D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 28E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 28F . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 28FA(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 28FA(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 28I(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 33AA(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . s 33AB(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . s 33B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 33D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1 2 2 2 2 2 2 2 2 2 4 2 2 2 2 4 2 2 2 2 2 4 2 2’. 2008 SL No. 189 Page 45

Workplace Health and Safety and Other Legislation Amendment Regulation (No. 1) 2008 ENDNOTES 1 Made by the Governor in Council on 26 June 2008. 2 Notified in the gazette on 27 June 2008. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Employment and Industrial Relations. © State of Queensland 2008 Page 46 2008 SL No. 189