Important notice
- A Digital High Risk Work Licence (DHRWL) is the digital form of a NSW high risk work licence.
- A DHRWL is optional. It will only be issued in addition to the physical form of a high risk work licence.
- NSW is the first jurisdiction to offer a DHRWL, so you should always carry your physical high risk work licence when working outside of NSW, as your DHRWL may not be recognised in other states and territories.
- It is your responsibility to ensure that the phone or other electronic device that holds your DHRWL is working and the battery is charged.
- You must ensure that the screen is able to be inspected and that a person would not be prevented from inspecting the licence due to dimming, dirt or any other fault, damage or obstruction.
Use of a DHRWL is conditional upon the Terms and Conditions set out below. Please read the following Terms and Conditions carefully.
1. Scope
1.1. The following Terms and Conditions form an agreement between you and Service NSW, including each party’s obligations, the use and misuse of the DHRWL, and relevant liabilities and indemnities.
1.2. These Terms and Conditions are in force from 20 June 2022.
2. Definitions and interpretation
2.1. In these Terms and Conditions, unless the context otherwise requires:
“Act” means Work Health and Safety Act 2011.
“DHRWL” means Digital High Risk Work Licence, which is the digital form of a high risk work licence issued under the Work Health and Safety Regulation 2017.
“NSW” means the State of New South Wales.
“High risk work licence” means a physical high risk work licence issued by SafeWork NSW.
“DHRWL Webpage” means the Service NSW Digital High Risk Work Licence webpage.
“You” means a person who has been issued with a DHRWL.
2.2. Unless the context requires otherwise, the singular includes the plural and vice versa, reference to a gender includes all genders, reference to “person” includes a natural person, company, body corporate or other form of legal entity, and reference to “including” and “includes” and “for example” is to read as if followed by “without limitation”.
2.3. If a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning.
3. Acceptance of these Terms and Conditions
3.1. By applying for a DHRWL, you agree to abide by these Terms and Conditions when you use your DHRWL.
4. DHRWL Eligibility
4.1. You are eligible for a DHRWL if you:
- 4.1.1. Have or are able to obtain a MyServiceNSW Account;
- 4.1.2. Hold a valid high risk work licence; and
- 4.1.3. Have or will link your MyServiceNSW Account to your high risk work licence.
4.2. Your DHRWL is only valid so long as you hold a high risk work licence.
4.3. Service NSW reserves the right to disable your DHRWL and terminate any access granted to you if:
- 4.3.1. You have breached these Terms and Conditions;
- 4.3.2. Your high risk work licence has been suspended, surrendered or cancelled.
5. Privacy
5.1. Service NSW handles your personal information in accordance with all applicable privacy laws (including the Privacy and Personal Information Protection Act 1998), its privacy management plan (available on its website), and in accordance with these Terms and Conditions. This includes the collection, security, use and disclosure of your personal information.
5.2. Service NSW will obtain information about your high risk work licence from SafeWork NSW (as authorised under the Act) in order to issue your DHRWL. Service NSW will manage that information in accordance with its privacy management plan, which is available on its website. For information on how SafeWork NSW manages your personal information in connection with the DHRWL, please see the SafeWork NSW Privacy Statement.
5.3. When you show your DHRWL to anyone or allow the QR code on your DHRWL to be scanned, then you are choosing to share your personal information with that third party and you may wish to first ask to see their privacy collection notice or privacy policy.
5.4. Your DHRWL contains important personal information and Service NSW recommends that you do not provide screenshots of your DHRWL to anyone. Third parties can check your DHRWL without taking a copy.
6. Interstate use of the DHRWL
6.1. When working interstate, you should carry the physical form of your high risk work licence. As the DHRWL is a new licence, it may not be accepted in other jurisdictions.
6.2. You understand and agree that at all times:
- 6.2.1. You must ensure your phone screen or other electronic device is not cracked, shattered or otherwise affected by any damage that may prevent your DHRWL from being viewed clearly when presented;
- 6.2.2. You must ensure your phone or other electronic device is working and sufficiently charged so that your DHRWL can be viewed; and
- 6.2.3. You must not fraudulently use or allow another person to use your DHRWL.
6.3. You must immediately cease using your DHRWL upon:
- Your high risk work licence being cancelled;
- Your high risk work licence being suspended;
- Surrendering your high risk work licence for any reason; or
- Having your DHRWL disabled by Service NSW.
6.4 You are not required to give or hand over your mobile phone or other electronic device on which your DHRWL is displayed to a person who requires your high risk work licence to be produced.
7. Costs
7.1. Obtaining a DHRWL is free; however, you bear all other associated costs (including any data or internet costs incurred in accessing your DHRWL).
8. Limitation of Liability and Indemnities
8.1. Service NSW is not liable in the event that you cannot produce a DHRWL (for example, network connectivity problems) or anyone refuses to accept your DHRWL.
8.2. Except for any liability that cannot be excluded by law, Service NSW (including its officers, employees and agents) will not be liable for any loss or damage whatsoever that is suffered or sustained (including, but not limited to, indirect or consequential loss) or for any death, illness, personal injury, financial loss or property damage suffered or sustained (even caused by negligence) as a result of, or in any way connected with, using the DHRWL, including the unavailability of the DHRWL or the refusal of a third person to accept your DHRWL.
8.3. To the extent permitted by law, you agree to release, fully indemnify and keep fully indemnified Service NSW and SafeWork NSW (including their officers, employees and agents) from and against all liability, cost, loss, damage, expense, claim or other right of action arising out of, or in connection with, your use of a DHRWL, including the unavailability of the DHRWL or the refusal of a third person to accept your DHRWL.
9. Contact
9.1. Any enquiry or complaint is to be directed to Service NSW via NSW Service Centres or by calling 13 77 88.
10. General
10.1. You are responsible for obtaining your own independent legal and financial advice regarding these Terms and Conditions.
11. Variation
11.1. Service NSW reserves the right to amend, vary, delete or supplement these Terms and Conditions at any time. If these Terms and Conditions change, you will be asked to confirm your agreement to those changes the next time you access your DHRWL.
11.2. These Terms and Conditions, as varied, deleted or supplemented from time to time, apply to any future version of, or update to, the DHRWL software.
12. Waiver
12.1. Failure by Service NSW to enforce any of its rights at any stage does not constitute a waiver of those rights.
13. Severability
13.1. If any term in these Terms and Conditions is, becomes or is declared illegal, invalid or unenforceable for any reason whatsoever, it shall be severed from these Terms and Conditions, and the remaining Terms and Conditions shall continue in full force.
14. Governing Law
14.1. These Terms and Conditions shall be governed by and interpreted in accordance with the laws in NSW. The parties submit to the exclusive jurisdiction of the Courts of NSW and any Court competent to hear appeals from those Courts.
15. Survival
15.1. Any and all provisions or obligations contained in these Terms and Conditions which, by their nature or effect, are required or intended to be observed, kept or performed after termination of these Terms and Conditions will survive the termination of these Terms and Conditions and remain binding upon and for the benefit of the relevant persons.