Under Victorian law, a person must be licensed if performing any of the following work:
- High risk work (e.g. scaffolding and rigging, operating cranes and forklifts, and using boilers and other pressure equipment - these are listed in Schedule 3 of the Regulations)
- removing specific types and amounts (more than 10 square metres of non-friable only) of asbestos
- operating a major hazard facility
- using scheduled carcinogens
- transporting dangerous goods
- using dangerous goods that pose a security concern (High Consequence Dangerous Goods)
- transporting, storing, selling, manufacturing or importing explosives or fireworks
- using explosives or discharging fireworks
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This part of the regulations covers numbers 1 - 4 in the above list (the others are covered by the Dangerous Goods legislation), and has the following sections:Division 1 Applying for licences
- Subdivision 1 - General provisions
This covers what must be included in licence applications; the fees; how applications will be dealt with and time taken to process; procedures if the Authority refuses to grant a licence; what will be in the licence document; the period of a licence.
- Subdivision 2 - Additional provisions in relation to high risk work licenses
People applying for such licences must also: provide information such as a copy of the relevant certificate of competency; satisfy the Authority of additional matters (such as not having a licence cancelled in another state)
- Subdivision 3 - Additional provisions in relation to asbestos removal licences
Only an employer or a self-employed person can apply for an asbestos removal licence, and must provide the Authority with addtional information in such as: - what type of asbestos-containing material is intended to be removed
- names of supervisors
- detailed information on the training and experience of each supervisor
- detailed information on the type of training undertaken by the employees to be engaged to do the removal work
- detailed information on the PPE to be provided
- if applying for a Class A licence, details and evidence of the current certification of the asbestos OHS management systems
- Subdivision 4 - Additional provisions in relation to carcinogens licences
Only an employer or a self-employed person can apply for carcinogens licence, and must provide the Authority with additional information including : - the name and quantity of the substance
- workplace address where it will be used
- the purposes for which it will be used
- why elimination or substitution is not practicable
- description of risk control meausures
- number of employees who might be exposed
- name and address of the supplier
- Subdivision 5 - Additional provisions in relation to major hazard facility licences
Only an operator who holds the registration for a major hazard facility (under Part 6.2 Registration). The operator must supply additional information and the Authority must be satisfied of certain matters, such as validity of the Safety Case, before granting the licence.
Division 2 Other provisions concerning licences
- Subdivision 1 - General
This division includes a number of things, for example that the Authority may impose terms and conditions on licences, such as specifying risk control measures (eg monitoring, health surveillance, reporting, etc) with which the operator must comply.
- Subdivision 2 - Additional provisions in relation to major hazard facility licences
- The Authority may transfer a major hazard facility licence (where the operator changes)
- The Authority must publish details of any major hazard facility licence it grants, renews, amends, transfers, suspends or cancels in the Government Gazette
Division 3 Amendment of licences
- The Authority may amend licences unilaterally or at the request of the licence holder
Division 4 Renewal of licences
- Sets out conditions under which licences can and cannot be renewed
Division 5 Suspension and cancellation of licences
- The Authority may suspend or cancel a licence under certain grounds including failure to comply with any of the terms or conditions of the licence; providing false information or failing to disclose significant information; etc
- Processes for suspending or cancelling licences: investigations and inquiries, written notice, etc
See Also:
- To view the full text of the regulations visit this page of the Victorian Legislation and Parliamentary Documents website.
- The VWA topic page on Licensing and Registrations which has publications, advice, answers to frequently asked questions, and more.
- WorkSafe's Guide to Licensing (below)