Queensland Consolidated Regulations

SAFETY IN RECREATIONAL WATER ACTIVITIES REGULATION 2024 - REG 10

10 Entry-level certificate dive and non-certified dive—requirement for medical declaration

(1) A dive operator must ensure a person participates in an entry-level certificate dive or non-certified dive only if—

(a) the person has given the dive operator a declaration (a
"medical declaration" ) about the person’s medical fitness to dive; and

(b) the medical declaration is in the form approved by the regulator; and

(c) for an entry-level certificate dive—the medical declaration indicates the person does not require an evaluation by a medical practitioner before participating in a dive; and

(d) the dive operator, or a worker on the dive operator’s behalf—

(i) has read the medical declaration; and

(ii) does not know or suspect the declaration is false or misleading; and

(iii) has assessed the person’s fitness to dive, having regard to the declaration; and

(iv) has decided it is reasonable to allow the person to dive.

Example of assessment and decision for a non-certified dive—

A person’s medical declaration discloses a medical condition. The dive operator then seeks medical advice about the condition. In accordance with the advice, the dive operator decides it is reasonable to allow the person to dive.

Penalty—

Maximum penalty—30 penalty units.

(2) The dive operator must keep a copy of a medical declaration given to the dive operator under this section for at least 1 year after the day the declaration is given to the dive operator.

Penalty—

Maximum penalty—12½ penalty units.