News & Views

From 1 February 2021, any person with a licence for asbestos removal (class A and B), asbestos assessment, high-risk work and major hazard facilities will have their licence details published on WorkSafe ACT’s online register.

Anyone with these licence types, who receive certain types of infringements, will also have their infringement details published online.

Details of which infringements and the type of information that will be published online are available in the guidelines on the ACT Legislation Registration website.

Once published, any details of infringement notices will remain on the register for two years from the date of the offence, or for five years if the licence holder receives more than two infringement notices within 24 months.

These changes are being implemented to encourage licence holders to comply with work health and safety regulations and better protect the health and safety of workers and our community.

Additional Legislative Information

The new licence condition applies to the following licences issued under the Work Health and Safety Regulation 2011 (WHS Regulation):

• Part 4.5 – High Risk Work

• Part 8.10 – Licensing of asbestos removalists and asbestos assessors

• Part 9. 7 – Licensing of major hazard facilities

All the above licences will, from 1 February 2021, include a condition that, if the licensee is issued with an infringement notice under the Magistrates Court (Work Health and Safety Infringement Notices) Regulation 2011, information about the infringement notice will be included in a public register. The information that may be published will be in accordance with section 698A of the amended WHS Regulation.

The Work Health and Safety Amendment Regulation 2020 (No 1) was made on 30 June 2020 and will amend the WHS Regulation to introduce the new licence condition on the above licence types commencing on 1 February 2021.