University students and volunteer divers undertaking research or education in marine sciences
The exemption was granted under the Work Health and Safety Regulation 2017.
Exemption Order No. 07/23 commenced 13 January 2023 and has effect until 31 December 2027.
Previous Exemption Order No. 015/17 commenced 1 January 2018 and was in effect until 31 December 2022.
Nature of exemption
Schedule 1
The applicant for the exemption order is the University of New South Wales.
Students and volunteer divers, who are authorised in writing, by the relevant institution or institutions listed below, to undertake general diving work, in the following circumstances:
- a student who is undertaking diving work in pursuit of formal honours or post graduate research and education coursework, or
- a volunteer diver involved in volunteer dive support of a student who is undertaking diving work in pursuit of formal honours or post graduate research and education coursework.
For the:
- University of New South Wales
- University of Technology, Sydney
- Sydney Institute of Marine Science
- University of Sydney
- University of Newcastle
- University of Wollongong
- Macquarie University
- University of Western Sydney
- Southern Cross University
Those persons are exempt from clause 171 of the Regulation, subject to the conditions in the schedule to the exemption order.
Definitions
For the purposes of this Exemption:
- General diving work means ‘general diving work’ as defined in clause 5 of the Regulation.
- Volunteer diver means a person who is acting on a voluntary basis and undertakes general diving work in order to assist students in the conduct of their research or education and who holds qualifications in accordance with AS/NZS 2299.2 Occupational Diving Operations Part 2: Scientific Diving, Appendix A4.2 as in force from time to time.
- Student means an enrolled honours or post graduate student at one or more of the institutions listed in Schedule 1 undertaking research or education in marine sciences.
- Standby diver means a person who is diving in accordance with “Standby Diver” 2.7 of AS/NZS 2299.2
Occupational diving operations Part 2: Scientific Diving as in force from time to time
Schedule 2
The exemption is subject to the following conditions:
- All students and volunteer divers described in Schedule 1 must, as a minimum, hold qualifications in accordance with AS/NZS 2299.2 Occupational Diving Operations Part 2: Scientific Diving Appendix A4 as in force from time to time.
- All students and volunteer divers described in Schedule 1 must comply with AS/NZS 2299.2 Occupational Diving Operations Part 2: Scientific Diving excluding A4.3 (e) as in force from time to time.
- A volunteer or student as defined in this Exemption may participate in a dive under this Exemption as a standby diver only if they hold a rescue diver certification acceptable to SafeWork NSW.
- Persons described in Schedule 1 as volunteer divers must not be responsible for the management or supervision of students, workers or others on behalf of the persons conducting a business or undertaking at any time.
- The relevant institutions set out in Schedule 1 must:
- ensure that each of the above conditions 1 – 4 are complied with, and
- give notice of the Exemption to the persons described in Schedule 1 of this Exemption and any other person who may be affected by this Exemption.
Gazettal
Published in Government Gazette of the State of New South Wales, number 7, Friday 13 January 2023.