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Draft Licensing Decision Making Framework and Agreement Paper

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In May 2005, the Workplace Relations Ministers Council (WRMC) agreed to a review of the National Certification Standard. The review was to be completed in two stages.

Stage one addressed the administrative aspects of the standard. Stage two was intended to address the criteria for licensing and lead to a revision of licensing classes.

In August 2005, a workshop of stakeholders examined a proposal for high risk work licensing criteria outlined in the review paper by Russell Lynch Consulting. The workshop agreed that a flowchart application of the criteria was the most desirable since it allowed a more flexible approach to unique situations. The principles emerging from the workshop were agreed by the Australian Safety and Compensation Council (ASCC) and were included in the National Standard for Licensing Persons Performing High Risk Work as the basis for the stage two review. The principles were summarised as:

- Level of risk

- Scope of use - Operator control, and

- Alternatives to licensing.

Issues with Licensing of High Risk Work Licensing represents the most stringent, and therefore costly, control that can be applied. Consequently it should only be considered for high risk work where inherent characteristics of the plant represent a significant risk and where the risk extends beyond the operator to other workers and/or members of the public.

On 1 May 2009, Safe Work Australia held a teleconference with jurisdictional regulators, the ACTU and ACCI, to progress the high risk work licensing framework. At this meeting general consensus was reached on how to take the stage two project forward. Although participants supported the principles governing the framework, with minor changes, several amendments were proposed for the criteria. Participants requested the issue be discussed in more detail at a workshop.

Outcomes of the Workshop held on 10 June 2009

Screening Criterion - Attendees debated the need for a screening criterion. It was agreed such a criterion is necessary to allow jurisdictions and stakeholders to apply an initial test for licensing before a type of work is assessed more thoroughly.

The final agreed wording can be found at Attachment A.

Remaining Criteria - There was substantial debate about the best way to word the criteria to ensure greater clarity. Discussion included suggestions to quantify responses and rely on existing data wherever possible to minimise the subjectivity of the criteria.

Attendees agreed to delay making further changes to the criteria until they had been tested against a set of potential high risk work classes. This would determine whether further revisions are in fact necessary.

Attached please find the Draft Licensing Decision Making Agreement Paper and the Draft Licensing Decision Making Framework Paper.

Comments on the attached papers are welcome directly to ACCI.

Response/Action Required Please forward all comments in writing to [email protected] by Wednesday 29 July 2009.

Download the Draft Licensing Decision Making Framework Paper (attachment A).

Download the Draft Licensing Decision Making Agreement Paper

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In May 2005, the Workplace Relations Ministers Council (WRMC) agreed to a review of the National Certification Standard. The review was to be completed in two stages.
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