Federal Register of Legislation - Australian Government

Primary content

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 and Workplace Relations
Registered 18 Sep 2019
Tabling HistoryDate
Tabled HR14-Oct-2019
Tabled Senate14-Oct-2019
To be ceased 18 Sep 2024
Ceased by Self Ceasing

 

 

Work Health and Safety Regulations 2011

Regulation 684

Work Health and Safety Exemption
(Construction Induction Training Card - Workers)
2019

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 document.

 

 

Dated this 28th day of August 2019

Signed

 

 

Justin Napier
General Manager, Regulatory Operations Group, Comcare

 

EXEMPTION INSTRUMENT

 

1.             Name

This Instrument may be cited as the Work Health and Safety Exemption (Construction Induction Training Card - Workers) 2019.

Note:   This 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 of Australia represented by the Department of Foreign Affairs and Trade (DFAT).

3.             Person to whom the exemption applies

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 work or thing to which the exemption relates

This exemption applies 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.             The circumstances in which the exemption applies

          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)).

This exemption only applies to workers who carry out construction work which is located outside of Australia.

6.             The provisions to which the exemption applies

The exemption applies to regulation 326(1) of the WHS Regulations.

7.             Conditions on the exemption

There are no conditions on this exemption.

8.             Repeal and Replace

This instrument repeals and replaces the Work Health and Safety Exemption (Construction Induction Training Card - Workers) (August 2014) as registered on the Federal Register of Legislation (FRL) - F2014L01078

9.             Date of effect

The exemption takes effect on the day after it is registered on the Federal Register of Legislation.

10.         Duration

The exemption applies until:

(a)          Five years after the exemption took effect (unless the expiration date is amended), or

(b)          The exemption is cancelled under regulation 697 of the WHS regulations.