Federal Register of Legislation - Australian Government

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Exemptions as made
This instrument exempts workers on overseas construction work within the responsibility of the Department of Foreign Affairs and Trade from the requirement to keep a general construction induction training card available for inspection.
Administered by: Employment
Made 31 Jul 2014
Registered 07 Aug 2014
Tabled HR 26 Aug 2014
Tabled Senate 26 Aug 2014

 

 

Work Health and Safety Regulations 2011

Regulation 684

Work Health and Safety Exemption (Construction Induction Training Card — Workers)

(August 2014)

 

 

Comcare, acting under regulation 684 of the Work Health and Safety Regulations 2011 (WHS Regulations), having taken into account all relevant matters, grants an exemption from compliance with sub‑regulation 326(1) of the WHS Regulations on the terms prescribed in the attached Exemption Instrument.

 

 

 

 

Dated        this 31st day of July 2014

 

 

 

Signed

 

 

Cathy Skippington

 

 

 

Cathy Skippington

Deputy Chief Executive Officer, Comcare

EXEMPTION INSTRUMENT

 

1.         Name        

This Instrument may be cited as the Work Health and Safety Exemption (Construction Induction Training Card — Workers) (August 2014).

 

NOTE:     This Instrument is a legislative instrument within the meaning of the Legislative Instruments Act 2003 (see regulation 692(2) of the Work Health and Safety Regulations 2011).

 

2.         Applicant

 

This exemption has been granted on the written application of the Commonwealth as represented by the Department of Foreign Affairs and Trade (‘DFAT’).

 

3.          Persons to whom the exemptions apply

 

This exemption applies to ‘workers’ who carry out construction work and in relation to whom DFAT has obligations under regulations 316 and 317 of the WHS Regulations.

 

4.         The thing in relation to which the exemptions apply

 

These exemptions apply in relation to a construction induction training card (‘CITC’) and, where the CITC is not available, the general induction training certification (‘GIT certification’) referred to in sub‑regulation 326(1) of the WHS Regulations.

 

5.         Circumstances in which the exemptions will apply

 

This exemption will apply to workers as a class of persons so that they are not required to keep available for inspection under the Work Health and Safety Act 2011:

(a)        their general CITC (sub‑regulation 326(1)(a)); or

(b)        where a worker has applied for, but has not been issued with, a CITC, a GIT certification (sub‑regulation 326(1)(b)).

The exemption only applies to workers who undertake construction work which is located outside of Australia.

6.         Regulations to which the exemptions apply

 

The exemption applies in relation to sub‑regulation 326(1) of the WHS Regulations.

 

7.         Commencement date

 

This instrument commences on the day after it is registered on the Federal Register of Legislative Instruments.

 

8.         Expiration date

 

This instrument expires five years after taking effect, unless the expiration date is amended or the exemptions are cancelled under regulation 697 of the WHS Regulations.