obtain a safety audit in respect of the person’s proposed provision of the adventure activities from a safety auditor; and

pass the safety audit; and

audit the person for compliance with the 1 or more safety audit standards that apply to the activities; and

give written notice to the person of whether the person passed the audit and, if the person failed the audit, the reasons for the failure.

issue a safety audit certificate to the person that specifies—

provide the person with a copy of—

that the auditor considers are required to maintain the safety of the adventure activities; and

that are consistent with the 1 or more safety audit standards that apply to the activities.

be made to the Registrar in the manner and form required by the Registrar; and

be accompanied by the fee specified in regulation 17(4).

the applicant’s full name:

a postal or email address for communications:

if the applicant will provide the adventure activities through a business or another operation, any legal name and trading name of the business or operation:

a description of the adventure activities the applicant proposes to provide:

the location of each workplace at which the applicant will provide the adventure activities:

an estimate of the number of people that the applicant anticipates will participate in the adventure activities each year:

a copy of the applicant’s safety audit certificate:

a copy of any audit report relating to the safety audit the applicant passed to obtain the certificate.

be in writing; and

specify—

the applicant has applied in accordance with these regulations; and

the applicant is able to comply with any conditions of registration that the Registrar proposes to impose on the registration.

the activities the applicant is seeking registration to provide are not adventure activities; or

the applicant is unfit to be registered because of the improper way in which the applicant previously provided adventure activities.

the applicant has given information that is false or misleading in a material particular, or failed to give any material information that they should have given, when—

the applicant has not complied with a condition of their current safety audit certificate or any previous certificate; or

the applicant has not complied with a condition imposed on any previous registration; or

the applicant’s previous failure to safely provide adventure activities, so far as is reasonably practicable, has endangered, or may have endangered, a person’s life; or

the applicant has previously provided adventure activities that they needed to be registered to provide without being registered to provide the activities; or

the applicant may not safely provide 1 or more of the adventure activities covered by the registration, so far as is reasonably practicable.

the views of the safety auditor who issued the applicant’s current safety audit certificate; or

the views of an inspector resulting from the exercise of their functions under the Act.

give the applicant written notice that they have been registered as an adventure activity operator; and

update the register to record—

the term for which the operator is registered; and

the adventure activities that the operator is registered to provide; and

the conditions (if any) imposed under regulation 7C on the operator’s registration.

informing the applicant of the reasons for the proposed decision; and

inviting the applicant to make a submission to the Registrar in relation to the proposed decision by a specified date (which must be at least 28 days after the Registrar gives the notice).

consider any submission the applicant has made; and

decide whether to register the applicant; and

within 14 days after making the decision, give the applicant written notice of the decision, including the reasons for the decision.

impose conditions of registration on a registered operator’s registration; or

vary a registered operator’s existing conditions of registration.

the views of the safety auditor who issued the operator’s current safety audit certificate; or

the views of an inspector resulting from the exercise of their functions under the Act.

relate to 1 or more of the following:

replicate, or relate to matters covered by, conditions of the operator’s safety audit certificate.

a written notice informing the operator of—

a reasonable opportunity to make a submission on the proposed changes.

consider any submission the operator has made; and

decide whether to make changes to the operator’s conditions of registration (which may be different to the changes originally proposed by the Registrar).

sets out the changes to the operator’s conditions of registration; and

states the reasons for the decision; and

specifies the date on which those changes take effect (which must not be earlier than the date on which the operator is given written notice).

withdraw a condition of registration:

vary a condition of registration to correct an error or omission.

informing the operator of the Registrar’s decision; and

specifying the date on which the withdrawal or variation takes effect (which must not be before the date on which the operator is given written notice under this subclause); and

setting out the conditions the registration will be subject to after the changes take effect.

the views of the safety auditor who issued the operator’s current safety audit certificate; or

the views of an inspector resulting from the exercise of their functions under the Act.

as if—

with any other necessary modifications.

the amendment relates to a type of adventure activity that the applicant is authorised to provide under their registration; and

the applicant’s current safety audit certificate covers provision of the adventure activity in accordance with the amendment.

must be made to the Registrar in the manner and form required by the Registrar; and

may be rejected by the Registrar if it is not made in accordance with those requirements.

as if—

with any other necessary modifications.

the views of the safety auditor who issued the applicant’s current safety audit certificate; or

the views of an inspector resulting from the exercise of their functions under the Act.

give the applicant a written notice that—

update the register to reflect the changes to the applicant’s registration.

informing the applicant of the reasons for the proposed decision; and

inviting the applicant to make a submission to the Registrar in relation to the proposed decision by a specified date (which must be at least 28 days after the Registrar gives the notice).

consider any submission the applicant has made; and

decide whether to make the changes to the applicant’s registration that the applicant has applied for; and

within 14 days after making the decision, give the applicant written notice of the decision, including the reasons for the decision.

as if—

with any other necessary modifications.

decide, under subclause (2), that the operator’s registration remains in effect for some or all of the review process; and

make more than 1 decision in respect of the same review process; and

at any time, withdraw its decision that the operator’s registration remains in effect, if satisfied, on reasonable grounds, that it is necessary or desirable to do so in the interests of safety.

may be made—

must specify when the period during which the operator’s registration remains in effect ends (for example, by reference to a date, or to the occurrence of 1 or more events, or both).

the Registrar’s reasons for refusing the renewal application; and

any other relevant matter, including—

the day the registration would have, apart from this regulation, expired; and

the time when WorkSafe makes its decision under regulation 7M.

when WorkSafe withdraws its decision under regulation 7M(3)(c) and notifies the operator of its withdrawal decision; or

in the circumstances specified by WorkSafe under regulation 7M(4)(b); or

when the review process ends (for example, when WorkSafe upholds the Registrar’s decision on review and the operator does not lodge an appeal by the end of the time for lodging an appeal, or when the District Court makes a final decision on appeal).

the operator was registered by mistake; or

the operator is not an adventure activity operator.

the operator gave information that was false or misleading in a material particular, or failed to give any material information that they should have given, when obtaining their—

the operator is unfit to be registered because of the improper way in which the operator has provided adventure activities; or

the operator has not complied with a condition of the operator’s current—

the operator’s failure to safely provide adventure activities, so far as is reasonably practicable, has endangered, or may have endangered, a person’s life; or

the operator has previously provided adventure activities that they needed to be registered to provide without being registered to provide the activities; or

the operator may not safely provide 1 or more of the adventure activities covered by the registration, so far as is reasonably practicable.

suspend the operator’s registration to provide 1, some, or all of the adventure activities covered by the registration; and

be imposed for a period that ends in 1 or both of the following ways:

the views of the safety auditor who issued the operator’s current safety audit certificate; or

the views of an inspector resulting from the exercise of their functions under the Act.

informing the operator of—

inviting the operator to make a submission to the Registrar in relation to the proposed decision by a specified date (which must be at least 28 days after the Registrar gives the notice).

consider any submission the operator has made; and

decide whether to suspend or cancel the operator’s registration (as applicable).

states whether the operator’s registration as an adventure activity operator has been suspended or cancelled (as applicable); and

states the reasons for the decision; and

for a suspension, specifies when the suspension begins and ends; and

for a cancellation, specifies when the cancellation takes effect.

may pose an imminent serious risk to the health or safety of any person; and

should stop being provided because of this risk.

suspend the operator’s registration as a whole; or

suspend the operator’s registration to provide 1 or more of the adventure activities covered by the registration.

the Registrar must, as soon as possible after the decision, give the operator written notice of the suspension and the reasons for it; and

the suspension takes effect when the Registrar gives the notice.

the Registrar gives the operator written notice, under regulation 7R(1), that the Registrar proposes to suspend or cancel the operator’s registration; or

the Registrar withdraws the immediate suspension.

the views of the safety auditor who issued the operators’s current safety audit certificate; or

the views of an inspector resulting from the exercise of their functions under the Act.

the operator is registered to provide it; or

the operator holds an exemption from the requirement to be registered granted by WorkSafe under section 220 of the Act.

the operator is registered to provide it; or

the operator has—

the operator holds an exemption from the requirement to be registered granted by WorkSafe under section 220 of the Act.

for an individual, to a fine not exceeding $10,000:

for any other person, to a fine not exceeding $50,000.

for an individual, to a fine not exceeding $6,000:

for any other person, to a fine not exceeding $30,000.

the person or organisation has the appropriate experience and qualifications to carry out the proposed audits; and

the person or organisation is likely to carry out the audits in a way that is objective and that promotes safety and the public interest; and

the person or organisation is unlikely to have a conflict of interest that cannot be appropriately managed in carrying out the audits and in doing anything else that the person or organisation does or is likely to do; and

it is otherwise appropriate to recognise the person or organisation as a safety auditor.

the period for which the person or organisation is recognised; and

the conditions (if any) imposed under regulation 10 on that recognition.

impose any conditions of recognition that it considers are required in the interests of safety:

impose a condition of recognition that limits the safety auditor to only specified locations or types of adventure activity or equipment.

the safety auditor has breached a condition of the auditor’s recognition; or

it is in the interests of safety to withdraw the recognition.

to provide safety audits of a person’s compliance with the 1 or more safety audit standards that apply to the adventure activities that the person provides or seeks to provide; and

to issue safety audit certificates to persons who pass safety audits, subject to appropriate conditions (if any); and

to give a person who is issued a safety audit certificate any safety audit-related information the person needs to apply to the Registrar for registration; and

to monitor adventure activity operators for compliance with conditions of safety audit certificates that the auditor issues; and

to provide the Registrar with the safety auditor’s views on any matter in regulation 7(1)(b), (3) or (4), 7C(1) or (2), 7F(1), 7I(1) or (3), 7M, 7Q(1)(b) or (2), or 7S(1) where those views are relevant to the Registrar’s decision in respect of the matter; and

to provide WorkSafe with the safety auditor’s views on any matter relevant to a review of a decision of the Registrar by WorkSafe under regulations 18A to 18C when requested to do so under regulation 18B(2)(b).

the person or organisation is likely to carry out registration in a way that is objective and that promotes safety and the public interest; and

the person or organisation is unlikely to have a conflict of interest that cannot be appropriately managed in carrying out registration and in doing anything else that the person or organisation does or is likely to do; and

it is otherwise appropriate to recognise the person or organisation as the Registrar.

the period for which the person or organisation is recognised; and

the conditions (if any) imposed under regulation 14 on that recognition.

the recognised Registrar has breached a condition of the recognition; or

it is in the interests of safety to withdraw the recognition.

to keep and maintain the public register of adventure activity operators under regulation 17; and

to determine applications for registration and renewal of registration as an adventure activity operator under regulation 7; and

to cancel or suspend the registration of adventure activity operators under regulations 7Q and 7S in appropriate situations; and

to make changes to adventure activity operators’ registrations under regulation 7H and 7I in appropriate situations; and

to impose, vary, or withdraw conditions of registration under regulations 7C and 7F in appropriate situations; and

to monitor adventure activity operators’ compliance with conditions of registration.

the operator’s full name:

a description of the adventure activities that the operator is authorised to provide:

the location of each workplace at which the operator provides the adventure activities:

if the operator provides the adventure activities through a business or another operation, any legal name or trading name of the business or operation:

the period for which the operator is registered:

any period for which registration is suspended under regulation 7Q(2) or 7S(1):

if registration is cancelled under regulation 7Q(1) or (2), the date of cancellation:

any conditions currently imposed on the operator’s registration.

a refusal to grant their application for registration or renewal of registration (under regulation 7(3) or (4), including as modified by regulation 7L(2)):

a refusal to allow their registration to remain in effect while a decision to refuse to renew the registration is challenged (under regulation 7M(1)):

a withdrawal of a decision that their registration remains in effect during a review process (under regulation 7M(3)(c)):

a refusal to add an additional adventure activity to their registration (under regulation 7H(1)):

a refusal to amend their registration (under regulation 7I(1)):

a suspension or cancellation of their registration (under regulation 7Q(1) or (2)):

an immediate suspension of their registration (under regulation 7S(1)):

an imposition of a condition of registration on their registration or variation of an existing condition of registration (under regulation 7C(1)):

a withdrawal of a condition imposed on their registration (under regulation 7F(1)(a)):

a variation of a condition imposed on their registration to correct an error or omission (under regulation 7F(1)(b)).

be made in the manner and form required by WorkSafe; and

identify the decision or decisions to be reviewed; and

state the grounds for review; and

include—

be made within—

additional information from the applicant within a specified period (which must be at least 7 days from the date of the request):

the safety auditor who issued the relevant safety audit certificate to give their views in relation to any matter relevant to the review.

a copy of the safety auditor’s views; and

an opportunity to comment on the safety auditor’s views within a specified period (which must be at least 7 days from the date on which the applicant was given a copy of the views).

receives an application for review; and

is satisfied it has obtained all associated information, views, and comments that may be provided under regulation 18B (if any).

informs the applicant the review will not be completed within 28 days; and

explains why the review is not able to be completed within this period; and

provides an estimate of when it will be practicable to complete the review.

any submission by the applicant included in the application for review; and

any information relevant to the decision—

if applicable, any action that the applicant has taken in response to the decision under review.

confirming the decision under review; or

varying the decision under review; or

withdrawing the decision under review.

confirm or vary the decision; or

set aside the decision; or

set aside the decision and replace it with a decision that the court considers appropriate; or

refer the matter back to WorkSafe, directing WorkSafe to reconsider the whole or any specified part of the matter.

a natural hazard that, taking into account the hazard’s type, severity, and other distinguishing features, is not a hazard routinely encountered during the ordinary course of the adventure activity:

entrapment, entanglement, or immobilisation, including while in a vehicle or vessel:

a fall from a height:

a collision with an object, the ground, or another person:

a collision between a vehicle and a person or object (including another vehicle), a vehicle overturning (regardless of which part of the vehicle is against the ground when it comes to rest), or an inrush of water into a vehicle:

a collision between a vessel and a person or object (other than another vessel) or a vessel rolling (see also section 24(1)(l) of the Act):

a situation where safety-critical equipment used to provide an adventure activity—