Occupational Health and Safety (Commonwealth Employment) (National Standards) Regulations (Amendment)

Administered by Department of Employment and Workplace Relations

Legislation au F1996B00066 Regulations Not in force Legislative Instrument

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Statutory Rules 1996   No. 2881

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Occupational Health and Safety (Commonwealth Employment) (National Standards) Regulations2 (Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Occupational Health and Safety (Commonwealth Employment) Act 1991.

Dated 11 December 1996.

 

 WILLIAM DEANE

 Governor-General

By His Excellency’s Command,

 

 

PETER REITH

Minister for Industrial Relations

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1.   Amendment

1.1   The Occupational Health and Safety (Commonwealth Employment) (National Standards) Regulations are amended as set out in these Regulations.

[NOTE:  These Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.]

2.   Regulation 4.40 (Licence to operate certain plant)

2.1   Subregulation 4.40 (1):

Omit “operate the plant.”, substitute “operate the plant, or the employer has been exempted under paragraph 4.40A (4) (a).”.

3.   New regulations 4.40A, 4.40B and 4.40C

3.1   After regulation 4.40, insert:

Exemption from licensing

“4.40A. (1) Regulation 4.40 does not apply to an employer if the Commission exempts the employer from the application of the regulation.

 “(2) The Commission may only exempt an employer in accordance with this regulation and regulations 4.40B and 4.40C.

 “(3) An employer that wants an exemption must:

 (a) apply to the Commission in writing, using the application form (if any) approved by the Commission; and

 (b) include with the application evidence that:

 (i) the employer is required, by a law of a State or Territory, to be licensed to operate the plant; and

 (ii) the employer holds the appropriate licence under the law.


 “(4) On receipt of an application, the Commission may, in writing:

 (a) give the employer the exemption; or

 (b) refuse to give the exemption; or

 (c) ask the employer to give it, through the relevant employing authority, further information relating to the application.

 “(5) Before giving an employer an exemption, the Commission must be satisfied that:

 (a) the employer is required, by a law of a State or Territory, to be licensed to operate the plant; and

 (b) the law imposes requirements that are substantially the same as those in this Part; and

 (c) the employer holds the appropriate licence under the law; and

 (d) there are no circumstances suggesting that granting the exemption would be inconsistent with the objects of this Part.

 “(6) If the Commission refuses to give an exemption, it must give the employer a written notice setting out the reasons for the refusal.

Conditions of an exemption

“4.40B. (1) An exemption given under paragraph 4.40A (4) (a) is subject to the conditions (if any) that the Commission states in the exemption.

 “(2) The Commission may only impose conditions to promote the objects of this Part.

 “(3) The Commission may:

 (a) add a condition to an exemption, or vary a condition, to promote the objects of this Part; or

 (b) revoke a condition.

 “(4) If the Commission adds, varies or revokes a condition, it must give the employer that holds the exemption a written notice setting out:

 (a) the terms of the decision; and

 (b) the time when it commences.

Operation of an exemption

“4.40C. (1) An exemption given under paragraph 4.40A (4) (a) commences on:

 (a) the day on which it is granted; or

 (b) a later date stated in the exemption.

 “(2) The Commission must cancel an exemption if:

 (a) it is satisfied that the employer is no longer required, by a law of a State or Territory, to be licensed to operate the plant; or

 (b) it is satisfied that the law no longer imposes requirements that are substantially the same as those in this Part; or

 (c) it is satisfied that the employer no longer holds the appropriate licence under the law; or

 (d) it is satisfied that continuing the exemption would be inconsistent with the objects of this Part; or

 (e) the employer that holds the exemption asks the Commission to cancel it.

 “(3) The Commission is not required to consult the employer that holds an exemption before cancelling it.

 “(4) If the Commission cancels an exemption under paragraph (2) (a), (b), (c) or (d), it must give the employer a written notice setting out:

 (a) the reasons for cancelling it; and

 (b) the time from which it is cancelled.

 “(5) An exemption ceases on the earlier of:

 (a) the end of the day (if any) stated in the exemption as the day when it ceases; and

 (b) the time (if any) when it is cancelled.”.

4.   Regulation 4.43 (Grant and renewal of a licence)

4.1   Subregulation 4.43 (2):

Omit “subregulation 4.42 (1)”, substitute “regulation 4.42”.

5.   Regulation 4.63 (Review of decisions)

5.1   Paragraph 4.63 (a):

Omit the paragraph, substitute:

 “(a) a decision under paragraph 4.43 (1) (b) to refuse to grant a licence;

 (aa) a decision under paragraph 4.43 (2) (b) to refuse to renew a licence;”.

5.2   Add at the end of the regulation:

 “;  (f) a decision under paragraph 4.40A (4) (a) not to give an exemption to an employer;

 (g) a decision under paragraph 4.40C (2) (a), (b), (c) or (d) to cancel an exemption.”.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 18 December 1996.

2. Statutory Rules 1994 No. 414 as amended by 1995 Nos. 53, 98 and 337; 1996 No. 129.

 

Overview

The Occupational Health and Safety (Commonwealth Employment) (National Standards) Regulations 1994 (Amendment) Regulations 1996 were enacted to refine and update the licensing requirements and exemption processes for the operation of certain plant under the Occupational Health and Safety (Commonwealth Employment) Act 1991. This legislative instrument was made by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council, and aims to streamline the regulatory framework surrounding plant operations within the Commonwealth employment sector. The regulations provide clearer guidance on the conditions under which an employer may be exempted from obtaining a licence to operate specific plant, subject to the approval of the Commission, and establish a more robust process for the review and cancellation of such exemptions to ensure they remain aligned with the objectives of the Act. These amendments seek to enhance the efficiency and effectiveness of occupational health and safety standards across Commonwealth employment.

Scope and Application

The Occupational Health and Safety (Commonwealth Employment) (National Standards) Regulations 1996, as amended, pertain to the safety standards and licensing requirements for plant operation within Commonwealth employment, impacting employers who are required to comply with occupational health and safety regulations. These regulations apply to employers who are engaged in Commonwealth employment and involve the operation of plant that falls under the regulatory scope of these standards. The regulations set out the process for applying for and obtaining exemptions from licensing requirements, including the conditions under which such exemptions may be granted, varied, or cancelled. Exemptions can be granted if the employer is licensed under state or territory laws that impose requirements substantially similar to those in the national standards. The regulations also detail the review process for decisions related to licensing and exemptions, ensuring that employers have recourse if their applications are refused or if their exemptions are cancelled. The regulations extend across the Commonwealth, applying to all jurisdictions within Australia, while also recognising the necessity for compliance with state and territory laws where relevant.

Key Provisions

The Occupational Health and Safety (Commonwealth Employment) (National Standards) Regulations (Amendment) (F1996B00066) make several amendments to existing regulations under the Occupational Health and Safety (Commonwealth Employment) Act 1991. The key operative sections involve changes to licensing requirements for certain plant operations and introduce exemptions for employers already licensed under state or territory laws. Regulation 4.40, which previously required employers to obtain a licence to operate specific plant, is now amended to include an exemption for employers who have been granted an exemption by the Commission (section 2.1). This amendment is clarified by the addition of new regulations 4.40A, 4.40B, and 4.40C, which detail the conditions and processes for obtaining, imposing, and managing these exemptions (section 3). Under the amended regulations, employers who wish to be exempt from the licensing requirement must apply to the Commission in writing and provide evidence of compliance with state or territory licensing laws that impose requirements substantially similar to those in the federal regulations (section 3.1(3)). The Commission has the discretion to grant, refuse, or request further information regarding these exemption applications (section 3.1(4)). If an exemption is granted, it can be subject to specific conditions intended to align with the objectives of the national standards (section 3.2). Additionally, the Commission can modify or revoke these conditions, with written notice to the employer (section 3.2(3)). Exemptions can also be cancelled under certain circumstances, such as a change in the employer's licensing status or if the exemption would no longer align with the objectives of the regulations (section 3.3). Furthermore, the regulations introduce changes to the process for granting and renewing licences, with specific references to the updated subregulation 4.43(2) (section 4.1). The scope of reviewable decisions has been expanded to include decisions related to the refusal to grant or renew a licence, as well as decisions regarding the granting, modification, or cancellation of exemptions (section 5.2). The amendments also outline the consequences of non-compliance with the regulations. While the specific penalties for breaches are not detailed in the provided text, it is likely that breaches of occupational health and safety regulations could result in both civil and criminal consequences, including fines and potential imprisonment, as per the provisions of the underlying Act. Employers who fail to comply with the licensing and exemption requirements may face enforcement actions, including the suspension or revocation of their exemptions, and could be subject to legal proceedings under the Occupational Health and Safety (Commonwealth Employment) Act 1991.

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