This Technical Instruction provides Estate & Infrastructure Group’s responsibilities regarding licensing and design registration for the use of plant managed by Estate & Infrastructure Group, in accordance with Regulation 743(1) of the Work Health and Safety Regulations 2011 (Cth) (WHS Regulations) and the Comcare Minute Defence Plant Joint Special Licence (JSL) 26 August 2016 and associated Schedule 1 – Licence Conditions.
This Technical Instruction applies to all existing, new, modified, relocated and decommissioned plant items owned and managed by the Estate & Infrastructure Group.
Work Health and Safety (WHS) legislation requires the Commonwealth to create and maintain a safe workplace which eliminates or minimises the risks associated with operating plant. Under the legislation some types of plant require a Joint Special Licence to be operated. The primary purpose of the Joint Special Licence is to ensure that high risk plant is appropriately managed including that maintenance, inspection and audit activities are undertaken throughout the plant life-cycle.
Under Regulation 743 of the WHS Regulations 2011, Comcare has issued Defence with an extension to the Joint Special Licence which allows Defence to self-regulate the operation of plant with annual audit assurance until 31 December 2018. The original Joint Special Licence (JSL) was granted under the provisions of the Occupational Health and Safety (OHS) Act 1991 and its associated regulations, Part 4 Division 8 of the OHS (Safety Standards) Regulations 1994 and the conditions of the Joint Special Licence as set out in the Regulations 1994 apply to all plant items which are included in the Joint Special Licence register and will continue to apply until the licence expires.
New plant items or plant items not previously listed in Part 2, Schedule 6 of the Regulations 1994 such as lifts, will be added to the Joint Special Licence register and the conditions of the Joint Special Licence will be applicable to these items.
The four most common Joint Special Licence plant categories in Defence include the following:
Other less common Joint Special Licence plant categories include:
Under the conditions of the Joint Special Licence, Defence must comply with the requirements for licensing and design registration of plant. Plant which requires a Licence to Operate is termed High Risk Plant. With the exception of Truck-mounted Concrete placing units with booms, High Risk Plant also requires Design Registration. Plant which requires Design Registration only is termed Medium Risk Plant.
One of the conditions of having a Joint Special Licence is that Defence must demonstrate effective control of High Risk Plant whilst also ensuring that all Medium Risk Pant is Design Registered. To demonstrate effective control, Defence must maintain an accurate inventory of all Medium Risk Plant and High Risk Plant.
In order to provide annual assurance reporting to Defence People Group, Estate & Infrastructure Group will conduct an audit on high risk plant once every 12 months. The audit will be conducted to ensure Estate and Infrastructure Group is meeting all of the OHS Regulations 1994 and Defence policy requirements set out in Table 1 below. As part of demonstrating effective control, Estate & Infrastructure Group must:
|Regulation/Policy Requirement||Condition of a special licence|
Regulation 4.60 (1) (a)
|the Australian Defence Organisation must establish and maintain a system for licensing the operation of plant that is consistent with the procedure relating to licensing in regulations 4.40, 4.40A, 4.41, 4.42, 4.46, 4.47 and 4.48;|
|Regulation 4.60 (1) (b)||the Australian Defence Organisation must establish and maintain a system for registering plant designs that is consistent with the procedure relating to registration in regulations 4.49, 4.50, 4.51, 4.52, 4.53 and 4.54;|
|Regulation 4.60 (1) (c)||the Australian Defence Organisation must audit each of the systems established under paragraphs (a) and (b) once every 12 months;|
|Regulation 4.60 (1) (d)||the Australian Defence Organisation must, if requested by Comcare or the Commission, provide an investigator with access to any system it has established to manage its obligations under the special licence;|
|Regulation 4.60 (1) (e)||the Australian Defence Organisation must identify each item of plant operated under the special licence with a unique identifying number;|
|Regulation 4.60 (1) (f)||the Australian Defence Organisation must ensure that the unique identifying number is displayed on or near the item of plant;|
|Regulation 4.60 (1) (g)||the Australian Defence Organisation must keep a record of the details of all inspections, checks, tests, maintenance and cleaning that have been carried out for each item of plant operated under the licence;|
|Regulation 4.60 (1) (h)||the Australian Defence Organisation must, upon request, provide an investigator with the maintenance records that relate to an item of plant;|
|Regulation 4.60 (1) (i)||the Australian Defence Organisation must provide the Commission with the details of a person it can contact for any enquiries relating to the special licence;|
|Regulation 4.60 (1) (j)||the Australian Defence Organisation must pay the fee set out in a notice under paragraph 4.58 (1) (c) or (2) (c) by the time stated in the notice;|
|Regulation 4.60 (1) (k)||the Australian Defence Organisation must comply with a direction given by the Commission that the Commission considers necessary for ensuring the safe operation of the plant.|
|Defence Requirement||Workplaces are to maintain a register of plant to which the special licence relates including a statement to the effect that each item of plant has been maintained in a safe condition and is safe to operate.|