If the regulator wants to amend the registration, do I have the right to make a submission?

In Plain English

Yes, according to the Work Health and Safety Regulations 2011, if the regulator proposes to amend your registration, they must give you written notice that includes the proposed amendment and the reasons for it. The notice must also advise you that you have a specified period (at least 28 days) to make a submission to the regulator regarding the proposed amendment. The regulator must consider your submission before deciding whether to make the amendment.

Detailed Explanation

Regulation 283 of the Work Health and Safety Regulations 2011 outlines the process for the regulator to amend a registration on their own initiative. Specifically, subregulation 283(2) states:

"Before amending a registration, the regulator must give the registration holder written notice:

(a) setting out the proposed amendment and the reasons for it; and

(b) advising the registration holder that the registration holder may make a submission to the regulator in relation to the proposed amendment within a specified period (being not less than 28 days from the date of the notice)."

Furthermore, subregulation 283(3)(a) states that the regulator must consider any submission made by the registration holder:

"After the date specified in a notice under subregulation (2), the regulator must:

(a) if the registration holder has made a submission in relation to the proposed amendment—consider that submission"

These regulations clearly establish your right to make a submission to the regulator if they propose to amend your registration.