Queensland Numbered Acts

MINES LEGISLATION (RESOURCES SAFETY) AMENDMENT ACT 2018 - SECT 34

34 Insertion of new pt 10A

After part 10 —
insert —

Part 10A - Suspension and cancellation of certificates of competency and site senior executive notices by chief executive

197A Grounds for suspension or cancellation

(1) Each of the following is a ground for suspending or cancelling a person’s certificate of competency under this part—

(a) the person has contravened a safety and health obligation;

(b) the person has committed an offence against a law of Queensland or another State (a
"corresponding law" ) relating to mining safety;

(c) a certificate, equivalent to a certificate of competency, that was issued to the person under a corresponding law of another State has been suspended or cancelled.

(2) Each of the following is a ground for suspending or cancelling a person’s site senior executive notice under this part—

(a) the person has contravened a safety and health obligation;

(b) the person has committed an offence against a corresponding law.

197B Notice of proposed action

(1) This section applies if the chief executive considers there is a ground to suspend or cancel a person’s certificate of competency or site senior executive notice (the
"proposed action" ).

(2) Before taking the proposed action, the chief executive must give the person a notice (a
"proposed action notice" ) stating each of the following matters—

(a) the proposed action;

(b) the ground for the proposed action;

(c) an outline of the facts and circumstances forming the basis for the ground;

(d) if the proposed action is to suspend the certificate of competency or site senior executive notice—the proposed period of the suspension;

(e) that the person may make a written submission to the chief executive, within a stated period of at least 28 days, to show why the proposed action should not be taken.

197C Submission against taking of proposed action The person may, within the period stated in the proposed action notice under section 197B(2)(e), make a written submission to the chief executive to show why the proposed action should not be taken.

197D Decision to take proposed action

(1) This section applies if—

(a) the period stated in the proposed action notice under section 197B(2)(e) has ended; and

(b) the chief executive has considered any written submission made by the person under section 197C; and

(c) the chief executive still considers a ground exists to take the proposed action.

(2) The chief executive may decide—

(a) if the proposed action was to suspend the certificate of competency or site senior executive notice—to suspend the certificate or notice for no longer than the proposed period of the suspension stated in the proposed action notice; or

(b) if the proposed action was to cancel the certificate of competency or site senior executive notice—to cancel the certificate or notice or suspend it for a period.

(3) The chief executive must give the person notice of the decision.

(4) The notice must state each of the following matters—

(a) the chief executive’s decision;

(b) the reasons for the decision;

(c) that the person may appeal against the decision within 28 days;

(d) how the person may appeal;

(e) that the person may apply for a stay of the decision if the person appeals against it.

(5) The decision takes effect on the day the notice is given to the person.

(6) The chief executive must give notice of the decision to—

(a) the following persons, to the extent the persons are known to the chief executive—

(i) for a decision relating to a certificate of competency—the site senior executive for each coal mine at which the person works;

(ii) for a decision relating to a site senior executive notice—the coal mine operator for each coal mine at which the person works; and

(b) the board of examiners.