Matters to be taken into account

Current

For the purposes of section 89 (2) (f), the regulator must have regard to all relevant matters, including the following:

(a)

any offence under the Act or this regulation or under a corresponding WHS law of which the applicant has been convicted or found guilty;

Note A conviction does not include a spent conviction (see Spent Convictions Act 2000, s 16 (c) (i)).

(b)

in relation to any equivalent licence applied for or held by the applicant under the Act or this regulation or under a corresponding WHS law—

(i)

any refusal to grant the licence; and

(ii)

any condition imposed on the licence, if granted; and

(iii)

any suspension or cancellation of the licence, if granted, including any disqualification from applying for any licence;

(c)

any enforceable undertaking the applicant has entered into under the Act or a corresponding WHS law;

(d)

the applicant’s record in relation to any matters arising under the Act or this regulation or under a corresponding WHS law.

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