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Under Victorian law, a person must be licensed if performing any of the following work:
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 - Applications (for licences)
- Division 2 - Other provisions concerning a licence
- Divisions 3 & 4 - Amendment and renewal of licence
- Division 5 - Suspension and cancellation of a licence
Division 1- Applications
Subdivision 1 - General provisions (449 - 457)
This covers what must be included in licence applications; the fees; how applications will be dealt with and time taken to process; the right of the Authority to request additional information; procedures if the Authority refuses to grant a licence; what will be in the licence document; the period of a licence - which is generally 5 years.
Subdivision 2 - Additional provisions in relation to a high risk work license (459 - 459)
People applying for such licences must also: provide a notice of assessment (satisfactory); satisfy the Authority of additional matters (such as not having a licence cancelled in another state).
Subdivision 3 - Additional provisions in relation to an asbestos removal licence (460 - 463)
Only an employer or a self-employed person can apply for an asbestos removal licence - this is a particularly Victorian restriction and means that removal workers must be employed by a licence holder.
The person applying for a licence must provide the Authority with additional information in such as:
- what type of asbestos-containing material is intended to be removed, as this will determine the 'scope' of the licence
- 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
- detailed information on any vacuum cleaner with a HEPA filter which will be used
- details of laundering arrangements
- whether the applicant has been found guilty of an offence in relation to the transport or disposal of asbestos
- 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 a carcinogens licence (464 - 466)
Only an employer or a self-employed person can apply for a carcinogens licence, is issued to a specific workplace, 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 measures
- number of employees who might be exposed
- name and address of the supplier
Subdivision 5 - Additional provisions in relation to a major hazard facility licence (467 - 472)
Only an operator who holds the registration for a major hazard facility (under Part 6.2 - Registration) may apply for this licence. 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. There are also certain time limits placed on these applications.
Division 2 - Other provisions concerning a licence
Subdivision 1 - General (473 - 478)
This division includes a number of things, for example that the Authority may impose terms and conditions on a licence, such as specifying risk control measures (eg atmospheric monitoring, health monitoring, reporting, limiting the quantity of anything to be used, limiting activities, etc) with which the operator must comply; advising the Authority of any changes; and more.
Subdivision 2 - Additional provisions in relation to a major hazard facility licence (479 - 481)
- 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 licence
(482 - 484) The Authority may amend licences unilaterally or at the request of the licence holder
Division 4 Renewal of licence
(485 - 495) Sets out conditions under which a licence can and cannot be renewed; fees;
Division 5 Suspension and cancellation of a licence
(496 - 506)
- 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
- The subdivisions covers the processes for suspending or cancelling licences: investigations and inquiries, written notice, etc
- The full text of the regulations can be viewed and downloaded from the Victorian Legislation and Parliamentary Documents website - click on Victorian Law Today, then on Statutory Rules, and then on "O" to find the Occupational Health and Safety Regulations.
- WorkSafe topic page on Licensing which has publications, advice, answers to frequently asked questions, and more.
- WorkSafe's Guide to Licensing [pdf] - note while generally useful, this guide was written for the 2007 regulations.
Last amended September 2017