How we regulate
The OIR will monitor the licence holder's compliance with an approved management plan and, where necessary, take enforcement action to provide assurance that a licence holder:
- maintains compliance with relevant requirements and obligations as described in the management plan and in accordance with relevant legislation;
- ensures activities are being carried out in a safe and responsible manner; and
- drives continuous improvement.
To fulfill our functions under the OEI Act, the OIR has powers to undertake inspections, investigations and enforcement, and provide advice to foster continuous improvement in industry performance.
Inspections
Inspections are undertaken to monitor a licence holder's compliance with relevant legislation, including the commitments they made in their management plan.
The OIR will conduct regular inspections to ensure a licence holder is complying with their obligations under the OEI Act Framework.
Investigations
The OIR can undertake investigations where there is a potential breach of the OEI Act, its regulations or an approved management plan to determine what happened, how it happened and what course of corrective action is warranted.
An inspection is usually initiated based on the review of a notifiable incident, a workforce complaint, information provided by a third party or there is evidence of non-compliance.
Investigations are undertaken to gather and establish the facts of the incident, determine whether action has been taken or needs to be taken to prevent recurrence, if there has been breaches of legislation for which OIR is the enforcing authority and establish whether to take further action, including formal enforcement.
Enforcement
The OIR encourages voluntary compliance and promotes continuous improvement in industry performance.
When a licence holder breaches the OEI Act, its regulations, or an approved management plan then the OIR may take enforcement action to rectify the breach, hold the responsible parties to account, and/or provide deterrence to the industry.
Typically, enforcement action is taken based on information discovered during an inspection or following an investigation.
If an enforcement action is taken, it is the licence holder's responsibility to respond and rectify the issue to the OIR's satisfaction. If the response is not to a satisfactory standard, the OIR can seek to take further enforcement, including prosecution.
Enforcement action will be undertaken in a transparent, efficient and consistent manner according to the principles of procedural fairness.
Advice
The OIR has functions to provide advice to stakeholders on work health and safety, environmental protection and infrastructure integrity in connection with offshore infrastructure activities under the OEI Act Framework.
The OIR has developed and continues to progressively release guidance based upon the document hierarchy as shown here.
Policies are intended to outline objectives and include guiding principles on how the OIR administers the requirements of the OEI Act and regulations.
Guidance is intended to provide advice on the OIRs interpretation of regulatory requirements.
Information papers, brochures and other materials are intended to build understanding of the OEI Act framework and promote good industry practice.