The Work Health and Safety (National Uniform Legislation) Regulations 2011 has a general power which provides for the Work Health Authority to grant an exemption from compliance with any of the WHS Regulations.
The issuing of an exemption is based on the understanding that the alternative agreed course of action will provide at least an equivalent level of health and safety to that achieved by complying with the WHS Regulations.
The three types of exemptions that may be granted are:
- General exemptions
- High Risk Work Licence exemptions
- Major Hazard Facility exemptions.
NT WorkSafe and other state and territory regulators have agreed to 'National agreed principles for guide exemption decision making' for the granting of exemptions from the requirements in the WHS Regulations. The principles will guide the granting, refusal, amendment or cancellation of an exemption by NT WorkSafe.
An application for an exemption must be made in writing using the approved 'application for exemption' form. Additional information can be found in the 'Guide to exemptions'.