Victorian Numbered Regulations Victorian Numbered Regulations(1) The holder of a high risk work licence may apply to the Authority to renew the licence.
Note
Regulation 532 enables the Authority to specify the form of applications and to specify other information and documents that must be included in or with applications.
(2) An application under subregulation (1) may also be made by a person who—
(a) either—
(i) resides in Victoria; or
(ii) does not reside in Victoria but satisfies the Authority that the person has reasonable grounds for applying for a licence renewal in Victoria; and
(b) holds an equivalent licence or certificate recognised under regulation 131.
(3) A person whose high risk work licence has expired may apply to the Authority to renew the licence—
(a) within 12 months after the day on which the licence expired; or
(b) if the applicant satisfies the Authority that exceptional circumstances exist, within any longer period that the Authority allows.
Example
An example of "exceptional circumstances" might be where the applicant has lived overseas for some years and continued to perform the high risk work for which the applicant had formerly held an appropriate high risk work licence.
Notes
1 Regulation 532 enables the Authority to specify the form of applications and to specify other information and documents that must be included in or with applications.
2 It is an offence for a person to perform high risk work if the person is not licensed to perform the work in accordance with these Regulations (see section 40(4) of the Act). This includes a person who is performing high risk work after their licence has expired and not been renewed (unless regulation 138(2) applies to enable a person who has applied for a renewal on or before the licence expiry date to continue working until the renewal is granted or until 14 days after the person is given written notice that the renewal application has been refused).
(4) An application under subregulation (3) may also be made by a person who—
(a) either—
(i) resides in Victoria; or
(ii) does not reside in Victoria but satisfies the Authority that the person has reasonable grounds for applying for a licence renewal in Victoria; and
(b) held an equivalent licence or certificate recognised under regulation 131.
(5) The Authority may request the applicant to provide additional information to enable it to be satisfied as to whether exceptional circumstances under subregulation (3)(b) exist.
(6) The Authority must renew the licence if the application—
(a) includes the name and residential address of the applicant; and
(b) includes any evidence of identity required by the Authority; and
(c) includes a photograph of the applicant that is the size and in the form specified by the Authority; and
(d) contains a declaration by the applicant that the applicant has maintained competency to perform the high risk work; and
(e) is accompanied by the fee required by regulation 492(1).
(7) The Authority must, within 45 days after receiving an application that has been made in accordance with this regulation, give the applicant a written notice stating that the Authority intends to grant, or to refuse to grant, the renewal.
(8) If the Authority grants a renewal of a licence to a person who holds or held an equivalent licence or certificate recognised under regulation 131 , it must notify the corresponding Authority that issued that licence or certificate.
(9) In this regulation an equivalent licence or certificate under regulation 131 expires if it ceases to have effect in any circumstance other than by being cancelled, suspended or surrendered.