1 Short title

This Act may be cited as the Mines Legislation (Resources Safety) Amendment Act 2017.

2 Act amended

This part amends the Coal Mining Safety and Health Act 1999.

3 Amendment of s 7 (How objects are to be achieved)

Section 7 (k), ‘of coal mine workers’—

omit, insert —

and health surveillance of persons who are, will be or have been coal mine workers

4 Amendment of s 33 (Obligations for safety and health)

Section 33 —

insert —

(3) If a corporation has an obligation under this Act, an officer of the corporation has obligations under division 3A (also
"safety and health obligations").

5 Replacement of s 34 (Discharge of obligations)

Section 34 —

omit, insert —

34 Discharge of obligations A person on whom a safety and health obligation is imposed must discharge the obligation.

6 Amendment of s 40 (Obligations of holders)

(1) Section 40 (1), from ‘and the coal mine’—omit, insert —for a coal mine proposes to appoint under section 53 another person as coal mine operator for the mine.

(2) Section 40 (2)(a)—omit, insert —

(a) inform the proposed coal mine operator, by notice, of all relevant information available to the holder that may help the proposed coal mine operator—

(i) ensure the site senior executive for the coal mine develops and implements a safety and health management system for the mine; and

(ii) prepare and implement principal hazard management plans for the mine; and

(3) Section 40 (2), penalty—omit.

7 Amendment of s 42 (Obligations of site senior executive for coal mine)

(1) Section 42 (b), from ‘by someone’ to ‘workers’—omit.

(2) Section 42 (c)—omit, insert —

(c) to develop and implement a safety and health management system for all persons at the mine, including contractors and service providers;

(ca) to give a contractor at the mine information in the site senior executive’s possession about all relevant components of the mine’s safety and health management system, required by the contractor to—

(i) identify risks arising in relation to any work to be undertaken by the contractor at the mine; and

(ii) comply with section 43 (1)(d);

(cb) to give a service provider at the mine information in the site senior executive’s possession about all relevant components of the mine’s safety and health management system, required by the service provider to—

(i) identify risks arising in relation to any service to be provided by the service provider at the mine; and

(ii) comply with section 47 (1)(f);

(cc) to review safety and health management plans of contractors and service providers within the meaning of section 43 or 47 and, if necessary, require changes to be made to those plans to enable them to be integrated with the mine’s safety and health management system;

(3) Section 42 (e)—omit, insert —

(e) to ensure no work is undertaken by a coal mine worker at the mine until the worker—

(i) has been inducted in the mine’s safety and health management system to the extent it relates to the work to be undertaken by the worker; and

(ii) has received training about hazards and risks at the mine to the extent they relate to the work to be undertaken by the worker; and

(iii) has received training so the worker is competent to perform the worker’s duties;

(4) Section 42 (f)—insert —

(vi) adequate supervision and monitoring of contractors and service providers at the mine.

(5) Section 42 (ca) to (f)—renumber as section 42 (d) to (i).

8 Replacement of s 43 (Obligations of contractors)

Section 43 —

omit, insert —

43 Obligations of contractors

(1) A contractor at a coal mine has the following obligations—

(a) to ensure the contractor complies with this Act to the extent it relates to the work undertaken by the contractor;

(b) to ensure the contractor complies with the mine’s safety and health management system to the extent it relates to the work undertaken by the contractor;

(c) to ensure the contractor’s own safety and health, and the safety and health of others, is not adversely affected by the way the contractor undertakes work at the mine;

(d) to ensure no work is undertaken by the contractor until the contractor—

(i) has given the site senior executive for the mine a safety and health management plan; and

(ii) has made all changes to the contractor’s safety and health management plan required by the site senior executive to enable the plan to be integrated with the mine’s safety and health management system;

(e) to ensure no work is undertaken by the contractor at the mine until the contractor and each coal mine worker engaged by the contractor—

(i) has been inducted in the mine’s safety and health management system to the extent it relates to the work to be undertaken by the contractor or worker; and

(ii) has received training about hazards and risks at the mine to the extent they relate to the work to be undertaken by the contractor or worker.

(2) In this section—

"safety and health management plan", of a contractor, means a plan that—

(a) identifies the work to be undertaken by the contractor; and

(b) states how the contractor intends to comply with the contractor’s obligations under this section.

9 Amendment of s 44 (Obligations of designers, manufacturers, importers and suppliers of plant etc. for use at coal mines)

(1) Section 44 (4), after paragraph (a)—insert —

(aa) if the designer, manufacturer, importer or supplier becomes aware of a hazard or defect associated with the plant that may create an unacceptable level of risk to users of the plant, to inform the chief inspector of—

(i) the nature of the hazard or defect and its significance; and

(ii) any modifications or controls of which the designer, manufacturer, importer or supplier is aware that have been developed to eliminate or correct the hazard or defect or manage the risk; and

(iii) the name of each coal mine operator, contractor or service provider the designer, manufacturer, importer or supplier has supplied the plant to; and

(iv) the steps taken to notify the coal mine operators, contractors and service providers about the matters mentioned in subparagraphs (i) and (ii);

(2) Section 44 (4)(b), example, ‘(4)(b)’—omit, insert —(4)(c)

(3) Section 44 (4)(aa) and (b)—renumber as section 44 (4)(b) and (c).

(4) Section 44 (6), after ‘a contractor’—insert —or service provider

(5) Section 44 (6), ‘or contractor’—omit, insert —, contractor or service provider

10 Amendment of s 46 (Obligations of manufacturers, importers and suppliers of substances for use at coal mines)

(1) Section 46 (2), after paragraph (a)—insert —

(aa) if the manufacturer, importer or supplier becomes aware of a hazard or defect associated with the substance that may create an unacceptable level of risk to users of the substance, to inform the chief inspector of—

(i) the nature of the hazard or defect and its significance; and

(ii) any modifications or controls of which the manufacturer, importer or supplier is aware that have been developed to eliminate or correct the hazard or defect or manage the risk; and

(iii) the name of each coal mine operator, contractor or service provider the manufacturer, importer or supplier has supplied the substance to; and

(iv) the steps taken to notify the coal mine operators, contractors and service providers about the matters mentioned in subparagraphs (i) and (ii);

(2) Section 46 (2)(b), example, ‘(2)(b)’—omit, insert —(2)(c)

(3) Section 46 (2)(aa) and (b)—renumber as section 46 (2)(b) and (c).

(4) Section 46 —insert —

(4) If a supplier of a substance for use at a coal mine becomes aware of a hazard or defect associated with the substance that may create an unacceptable level of risk to users of the substance, the supplier has an obligation to take all reasonable steps to inform each coal mine operator, contractor or service provider to whom the supplier has supplied the substance of—

(a) the nature of the hazard or defect and its significance; and

(b) any modifications or controls the supplier is aware of that have been developed to eliminate or correct the hazard or defect or manage the risk.

11 Replacement of s 47 (Obligation of provider of services at coal mines)

Section 47 —

omit, insert —

47 Obligations of service providers

(1) A person who provides a service (a
"service provider") at a coal mine has the following obligations—

(a) to ensure the service provider complies with this Act to the extent it relates to the service provided;

(b) to ensure the service provider complies with the mine’s safety and health management system to the extent it relates to the service provided;

(c) to ensure the safety and health of coal mine workers or other persons is not adversely affected by the service provided;

(d) if the service provider is present at the coal mine—to ensure the service provider’s own safety and health is not adversely affected by the service provided;

(e) to ensure the fitness for use of plant at the coal mine is not adversely affected by the service provided;

(f) to ensure the service is not provided until the service provider—

(i) has given the site senior executive for the mine a safety and health management plan; and

(ii) has made all changes to the service provider’s safety and health management plan required by the site senior executive to enable the plan to be integrated with the mine’s safety and health management system;

(g) to ensure the service is not provided until the service provider and each coal mine worker engaged by the service provider—

(i) has been inducted in the mine’s safety and health management system to the extent it relates to the service to be provided by the service provider or worker; and

(ii) has received training about hazards and risks at the mine to the extent they relate to the service to be provided by the service provider or worker.

(2) In this section—

"safety and health management plan", of a service provider, means a plan that—

(a) identifies the service to be provided by the service provider; and

(b) states how the service provider intends to comply with the service provider’s obligations under this section.

12 Insertion of new pt 3, div 3A

Part 3—

insert —

13 Amendment of s 48 (Defences for div 2 or 3)

Section 48, ‘2 or 3’—

omit, insert —

2, 3 or 3A

14 Amendment of s 54 (Appointment of site senior executive)

(1) Section 54 —insert —

(3A) A coal mine operator must not appoint a person to be site senior executive for a coal mine or a separate part of a surface mine unless the person holds a site senior executive notice. Maximum penalty—500 penalty units.

(2) Section 54 (3A) and (4)—renumber as section 54 (4) and (5).

15 Amendment of s 55 (Management structure for safe operations at coal mines)

Section 55 (2)—

insert —

(ca) the name of the person who is responsible for managing the system of work for contractors and service providers at the coal mine; and

16 Replacement of s 61 (Appointment of ventilation officer)

Section 61 —

omit, insert —

61 Appointment of ventilation officer

(1) This section applies to an underground mine.

(2) The underground mine manager for the mine must appoint a person as the ventilation officer for the mine. Maximum penalty—200 penalty units.

(3) However, the underground mine manager may be appointed as the ventilation officer for the mine by the site senior executive.

(4) The underground mine manager or site senior executive must not appoint a person as the ventilation officer for the mine unless the person holds a ventilation officer’s certificate of competency. Maximum penalty—200 penalty units.

(5) Subject to the direction and control of the underground mine manager, the ventilation officer for the mine is responsible for—

(a) the implementation of the mine’s ventilation system; and

(b) the establishment of effective standards of ventilation for the mine.

(6) The underground mine manager or site senior executive must not appoint a person as ventilation officer at more than 1 mine at the same time unless the chief inspector gives the manager notice that the chief inspector is satisfied the person can effectively carry out the duties of the ventilation officer at the mines. Maximum penalty for subsection (6) —200 penalty units.

61A Absence of ventilation officer

(1) This section applies if the ventilation officer appointed under section 61 for an underground mine is—

(a) temporarily absent from duty; and

(b) is a person other than the underground mine manager for the mine.

(2) If the absence is for not more than 7 days, the duties and responsibilities of the ventilation officer are taken to be assumed by the underground mine manager during the absence.

(3) Subsection (2) applies regardless of whether the underground mine manager holds a ventilation officer’s certificate of competency.

(4) An inspector may, by notice, require an underground mine manager assuming the duties and responsibilities of the ventilation officer to—

(a) demonstrate to the inspector’s satisfaction that the manager can effectively carry out the duties and responsibilities of both the underground mine manager and the ventilation officer; and

(b) if the underground mine manager can not satisfy the inspector as mentioned in paragraph (a)—appoint a person to act as the ventilation officer during the remainder of the absence.

(5) If the absence is for more than 7 days or the underground mine manager is given a notice under subsection (4) (b), the underground mine manager for the mine must appoint a person to act as the ventilation officer during the absence. Maximum penalty—200 penalty units.

(6) The underground mine manager must not appoint a person under subsection (5) unless the person holds a ventilation officer’s certificate of competency. Maximum penalty—200 penalty units.

17 Amendment of s 62 (Safety and health management system)

(1) Section 62 (1) and (2)—omit, insert —

(1) The safety and health management system, for a coal mine, is a single system that incorporates risk management elements and practices that ensure the safety and health of persons who may be affected by coal mining operations.

(2) The safety and health management system must be a single, auditable documented system that forms part of an overall management system that includes organisational structure, planning activities, responsibilities, practices, procedures and resources for developing, implementing, maintaining and reviewing a safety and health policy.

(2A) The safety and health management system must provide a single, comprehensive and integrated system for the management of all aspects of risks to safety and health in relation to the operation of the coal mine.

(2B) The safety and health management system for a coal mine must be in place before coal mining operations start at the mine.

(2) Section 62 (2A) to (5)—renumber as section 62 (3) to (7).

18 Amendment of s 62A (Additional requirement for coal mining operation for incidental coal seam gas)

(1) Section 62A (2), ‘single’—omit.

(2) Section 62A (3), ‘62(3)’—omit, insert —62(5)

19 Amendment of s 73C (Commissioner’s functions)

Section 73C (a), ‘health and safety’—

omit, insert —

safety and health

20 Amendment of s 78 (Membership of committee)

Section 78 (1), ‘9’—

omit, insert —

10

21 Amendment of s 80 (Appointment of members)

(1) Section 80, heading, after ‘members’—insert ——persons from panels

(2) Section 80 (3)—omit.

(3) Section 80 (4), after ‘operations’—insert —or the Minister otherwise considers the person appropriate to be a member of the committee

(4) Section 80 (7), ‘who are not inspectors’—omit, insert —mentioned in this section

22 Insertion of new s 80A

After section 80 —

insert —

80A Appointment of members—inspectors

(1) The chief inspector is a member of the committee.

(2) The Minister must appoint 2 other inspectors to be members of the committee.

23 Amendment of s 133 (Entry to places)

(1) Section 133 (1)(e)—omit, insert —

(e) it is, or the officer reasonably suspects it is, a workplace.

(2) Section 133 (2), after ‘For’—insert —subsection (1) (a), for

(3) Section 133 (3)—omit, insert —

(3) For subsection (1) (e), an entry may be made with, or without, the consent of the person with management or control of the workplace.

(4) Section 133 (5)—omit.

24 Insertion of new s 138A

Part 9, division 4, subdivision 3—

insert —

138A Entry to residential premises Despite anything else in this division, the powers of an officer under this division in relation to entering a place are not exercisable in relation to any part of a place that is used for residential purposes except—

(a) with the consent of the person with the management or control of the place; or

(b) under the authority conferred by a search warrant; or

(c) for the purpose only of gaining access to a suspected workplace, but only—

(i) if the officer reasonably believes no reasonable alternative access is available; and

(ii) at a reasonable time having regard to the times at which the officer believes work is being carried out at the place to which access is sought.

25 Amendment of s 181 (Obstructing inspectors, officers or industry safety and health representatives)

Section 181 (1), ‘health and safety’—

omit, insert —

safety and health

26 Amendment of s 185 (Functions of board of examiners)

(1) Section 185 —insert —

(da) to issue notices (
"site senior executive notices") to persons who have demonstrated to the board’s satisfaction the safety and health competencies, recognised by the committee under section 76, required to perform the duties of a site senior executive for a coal mine;

(2) Section 185 (da) and (e)—renumber as section 185 (e) and (f).

27 Amendment of s 186 (Membership and conduct of board proceedings)

(1) Section 186 —insert —

(3A) The following persons are members of the board of examiners—

(a) the chief inspector;

(b) the chief inspector of mines under the Mining and Quarrying Safety and Health Act 1999.

(2) Section 186 (4)—omit, insert —

(4) In addition to the members mentioned in subsection (3A), 1 member may be an inspector who holds—

(a) a first class certificate of competency for an underground coal mine; or

(b) a first class certificate of competency for an underground mine under the Mining and Quarrying Safety and Health Act 1999.

(3) Section 186 (7), after ‘member’—insert —, other than a member mentioned in subsection (3A),

28 Amendment of s 188 (Appointment of board of examiners)

Section 188 (1), after ‘examiners’—

insert —

, other than the members mentioned in section 186 (3A),

29 Insertion of new s 193A

Part 10, division 3—

insert —

193A Register to be kept by board of examiners

(1) The board of examiners must keep a register of—

(a) certificates of competency granted by the board; and

(b) site senior executive notices issued by the board; and

(c) notices of registration given by the board under a mutual recognition Act.

(2) The register must include the following information—

(a) for a certificate of competency or site senior executive notice—

(i) the name and contact details of the holder of the certificate or notice; and

(ii) details of the certificate or notice; and

(iii) the status of the certificate or notice, including, if it has been suspended or cancelled under this Act, details of the suspension or cancellation;

(b) for a notice mentioned in subsection (1) (c)—the name and contact details of the person to whom the notice was given;

(c) any other information prescribed by regulation.

(3) The board of examiners may disclose information in the register, other than the contact details of an individual, to any person or agency.

(4) In this section—

"mutual recognition Act" means—

(a) the Mutual Recognition Act 1992 (Cwlth); or

(b) the Trans-Tasman Mutual Recognition Act 1997 (Cwlth).

30 Insertion of new s 194A

After section 194 —

insert —

194A Board of examiners may consider previous suspension or cancellation of certificate of competency or site senior executive notice

(1) This section applies if—

(a) a person has applied for the grant of a certificate of competency or site senior executive notice; and

(b) a certificate of competency or site senior executive notice previously held by the person was suspended or cancelled under this Act.

(2) The board of examiners may have regard to the previous suspension or cancellation in deciding the application.

(3) Subsection (2) does not limit the matters to which the board of examiners may have regard in deciding the application.

31 Amendment of s 195 (Obtaining certificates of competency by fraud)

(1) Section 195, heading, after ‘competency’—insert —or site senior executive notices

(2) Section 195, after ‘certificate of competency’—insert —or site senior executive notice

(3) Section 195 —insert —

(3) If the board of examiners decides to cancel a certificate of competency or site senior executive notice, the board must give notice of the decision to the following persons, to the extent the persons are known to the board—

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

(b) for a decision relating to a site senior executive notice—the coal mine operator for each coal mine at which the holder works.

32 Amendment of s 196 (Return of certificate of competency)

(1) Section 196, after ‘certificate of competency’—insert —or site senior executive notice

(2) Section 196, after ‘the certificate’—insert —or notice

(3) Section 196 —insert —

(c) the chief executive suspends or cancels the certificate or notice under part 10A.

33 Insertion of new s 196A

After section 196 —

insert —

196A Effect on particular appointments of suspension or cancellation of certificate of competency or site senior executive notice

(1) This section applies if—

(a) a certificate of competency or site senior executive notice held by a person is suspended or cancelled under this Act; and

(b) immediately before the suspension or cancellation took effect, the person held an appointment under this Act; and

(c) this Act requires a person to hold the certificate of competency or site senior executive notice to be appointed to the position.

(2) The person’s appointment to the position ends on the suspension or cancellation of the person’s certificate of competency or site senior executive notice.

34 Insertion of new pt 10A

After part 10—

insert —

35 Amendment of s 198 (Notice of accidents, incidents, deaths or diseases)

(1) Section 198 (6), from ‘disease prescribed’ to ‘this section’—omit, insert —reportable disease

(2) Section 198 —insert —

(7) A person prescribed by regulation who becomes aware that a coal mine worker has been diagnosed with a reportable disease must give notice of the diagnosis to the chief inspector.

(8) In this section—

"reportable disease" means a disease prescribed by regulation to be a disease that must be reported under this section.

36 Amendment of pt 14, div 1, hdg (Appeals against particular decisions of Minister or board of examiners)

Part 14, division 1, heading, after ‘Minister’—

insert —

, chief executive

37 Insertion of new s 236A

After section 236 —

insert —

236A Appeals against chief executive’s decisions The following persons may appeal against the chief executive’s decision under the following provisions to an Industrial Magistrates Court under this division—

(a) a person whose certificate of competency or site senior executive notice is suspended or cancelled by the chief executive— section 197D;

(b) a corporation on which a civil penalty is imposed— section 267I.

38 Amendment of s 238 (How to start appeal)

(1) Section 238 (1)(b)—insert —

(ia) if the appeal is against the chief executive’s decision—the chief executive; or

(2) Section 238 (1)(b)(ia) and (ii)—renumber as section 238 (1)(b)(ii) and (iii).

39 Amendment of s 240 (Hearing procedures)

(1) Section 240 —insert —

(2A) However, for deciding an appeal against a decision of the chief executive under section 267I to impose a civil penalty on a corporation, information that was not available to the chief executive in making the decision must not be taken into account.

(2) Section 240 (4), definition original decision-maker, after ‘Minister’—insert —, chief executive

(3) Section 240 (2A) to (4)—renumber as section 240 (3) to (5).

40 Amendment of s 252 (Evidentiary aids)

Section 252 (1)(b), after ‘certificate,’—

insert —

notice,

41 Amendment of s 258 (Court may order suspension or cancellation of certificate)

(1) Section 258, heading, after ‘certificate’—insert —or notice

(2) Section 258, after ‘certificate of competency’—insert —or site senior executive notice

(3) Section 258 —insert —

(4) The industrial magistrate must give notice of the decision to suspend or cancel the person’s certificate of competency or site senior executive notice to—

(a) the following persons, to the extent the persons are known to the industrial magistrate—

(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.

42 Amendment of s 261 (Responsibility for acts or omissions of representatives)

(1) Section 261 (3), ‘reasonable diligence’—omit, insert —reasonable precautions and proper diligence

(2) Section 261 (4), definition representative, paragraph (a), ‘executive’—omit.

43 Omission of s 262 (Executive officers must ensure corporation complies with Act)

Section 262 —

omit.

44 Insertion of new pt 15B

After part 15A—

insert —

45 Amendment of s 275AC (Public statements)

(1) Section 275AC (1)(b), ‘serious accidents’—omit, insert —accidents or high potential incidents

(2) Section 275AC (1)(c), ‘or authorised officers’—omit, insert —, authorised officers or the chief executive

(3) Section 275AC (1)(d), ‘under section 195 (2)’—omit, insert —or site senior executive notice under section 195 (2) or part 10A

(4) Section 275AC (1)—insert —

(e) any incident or other matter that may be relevant to persons seeking to comply with their safety and health obligations.

(5) Section 275AC —insert —

(4) No liability is incurred by the State for anything done in good faith for the purpose of issuing a public statement under this section.

(5) No liability is incurred by a person for publishing, in good faith, information that has been included in a public statement under this section.

(6) In this section—

"liability" includes liability in defamation.

46 Amendment of s 275A (Disclosure of information)

(1) Section 275A —insert —

(2A) Despite subsection (1), the chief inspector or chief executive may disclose to the Regulator or WorkCover, under the Workers’ Compensation and Rehabilitation Act 2003, any information the chief inspector or chief executive has that relates to any matter under that Act.

(2) Section 275A (2A) and (3)—renumber as section 275A (3) and (4).

47 Insertion of new pt 20, div 7

Part 20—

insert —

48 Amendment of sch 2 (Subject matter for regulations)

Schedule 2, part 2, item 29—

omit, insert —

29 The health of persons who are, will be or have been employed at a coal mine, including about—

(i) the appointment, qualifications and removal of doctors and other health practitioners for mines; and

(ii) pre-employment and periodic medical examinations and health assessments to decide a person’s fitness for work at a coal mine and for the purpose of health surveillance; and

(iii) the ownership, storage, confidentiality and release of the results of medical examinations and health assessments; and

(iv) reciprocal arrangements between coal mining operations for the exchange of information or the recognition of medical examinations or health assessments.

29A Requirements for holders of certificates of competency or site senior executive notices to undertake continuing professional development decided by the board of examiners.

49 Amendment of sch 3 (Dictionary)

(1) Schedule 3, definitions executive officer, officer, safety and health management system, second mention, and supplier —omit.

(2) Schedule 3 —insert —

"civil penalty obligation", for part 15B, see section 267E.

"corresponding offence", in relation to a contravention of a civil penalty obligation, for part 15B, see section 267E.

"officer" —

(a) of a corporation, means an officer within the meaning of the Corporations Act, section 9, other than a partner in a partnership; or

(b) for part 9, division 4, see section 132A.

"penalty notice", for part 15B, see section 267I (3).

"proposed action", for part 10A, see section 197B (1).

"proposed action notice", for part 10A, see section 197B (2).

"proposed penalty notice", for part 15B, see section 267G (2).

"relevant corporation", for part 15B, see section 267E.

"service provider" see section 47 (1).

"site senior executive notices" see section 185 (e).

"supplier", of plant, equipment, substances or other goods, means a person who contracts to supply the plant, equipment, substances or other goods to a coal mine operator, contractor or service provider.

"workplace" means a workplace to which the Work Health and Safety Act 2011 applies.

(3) Schedule 3, definition coal mine worker —insert —

(c) a service provider or employee of a service provider.

(4) Schedule 3, first occurring definition safety and health management system, after ‘means a’—insert —single

50 Act amended

This part amends the Mining and Quarrying Safety and Health Act 1999.

51 Amendment of s 7 (How objects are to be achieved)

Section 7 —

insert —

(j) providing for the health assessment and health surveillance of persons who are, will be or have been workers.

52 Amendment of s 30 (Obligations for safety and health)

Section 30 —

insert —

(3) If a corporation has an obligation under this Act, an officer of the corporation has obligations under division 3A (also
"safety and health obligations").

53 Replacement of s 31 (Discharge of obligations)

Section 31 —

omit, insert —

31 Discharge of obligations A person on whom a safety and health obligation is imposed must discharge the obligation.

54 Amendment of s 37 (Obligations of holders)

(1) Section 37 (1), from ‘and the operator’—omit, insert —proposes to appoint under section 48 another person as the operator for a mine.

(2) Section 37 (2) and (3)—omit, insert —

(2) The holder must inform the proposed operator, by notice, of all relevant information available to the holder that may help the proposed operator ensure the site senior executive for the mine develops and implements a safety and health management system for the mine.

55 Amendment of s 38 (Obligations of operators)

Section 38 (3) and (4)—

omit.

56 Amendment of s 39 (Obligations of site senior executive for mine)

(1) Section 39 (1)(b), from ‘by someone’ to ‘workers’—omit.

(2) Section 39 (1)(c)—omit, insert —

(c) to develop and implement a safety and health management system for all persons at the mine, including contractors and service providers;

(ca) to give a contractor at the mine information in the site senior executive’s possession about all relevant components of the mine’s safety and health management system, required by the contractor to—

(i) identify risks arising in relation to any work to be undertaken by the contractor at the mine; and

(ii) comply with section 40 (1)(d);

(cb) to give a service provider at the mine information in the site senior executive’s possession about all relevant components of the mine’s safety and health management system, required by the service provider to—

(i) identify risks arising in relation to any service to be provided by the service provider at the mine; and

(ii) comply with section 44 (1)(f);

(cc) to review safety and health management plans of contractors and service providers within the meaning of section 40 or 44 and, if necessary, require changes to be made to those plans to enable them to be integrated with the mine’s safety and health management system;

(3) Section 39 (1)(e)—omit, insert —

(e) to ensure no work is undertaken by a worker at the mine until the worker—

(i) has been inducted in the mine’s safety and health management system to the extent it relates to the work to be undertaken by the worker; and

(ii) has received training about hazards and risks at the mine to the extent they relate to the work to be undertaken by the worker; and

(iii) has received training so the worker is competent to perform the worker’s duties;

(4) Section 39 (1)(f)—insert —

(vi) adequate supervision and monitoring of contractors and service providers at the mine.

(5) Section 39 (1)(ca) to (f)—renumber as section 39 (1)(d) to (i).

(6) Section 39 (2) and (3)—omit.

57 Replacement of s 40 (Obligations of contractors)

Section 40 —

omit, insert —

40 Obligations of contractors

(1) A contractor at a mine has the following obligations—

(a) to ensure the contractor complies with this Act to the extent it relates to the work undertaken by the contractor;

(b) to ensure the contractor complies with the mine’s safety and health management system to the extent it relates to the work undertaken by the contractor;

(c) to ensure the contractor’s own safety and health, and the safety and health of others, is not adversely affected by the way the contractor undertakes work at the mine;

(d) to ensure no work is undertaken by the contractor until the contractor—

(i) has given the site senior executive for the mine a safety and health management plan; and

(ii) has made all changes to the contractor’s safety and health management plan required by the site senior executive to enable the plan to be integrated with the mine’s safety and health management system;

(e) to ensure no work is undertaken by the contractor until the contractor and each worker engaged by the contractor—

(i) has been inducted in the mine’s safety and health management system to the extent it relates to the work to be undertaken by the contractor or worker; and

(ii) has received training about hazards and risks at the mine to the extent they relate to the work to be undertaken by the contractor or worker.

(2) In this section—

"safety and health management plan", of a contractor, means a plan that—

(a) identifies the work to be undertaken by the contractor; and

(b) states how the contractor intends to comply with the contractor’s obligations under this section.

58 Amendment of s 41 (Obligations of designers, manufacturers, importers and suppliers of plant etc. for use at mines)

(1) Section 41 (4), after paragraph (a)—insert —

(aa) if the designer, manufacturer, importer or supplier becomes aware of a hazard or defect associated with the plant that may create an unacceptable level of risk to users of the plant, to inform the chief inspector of—

(i) the nature of the hazard or defect and its significance; and

(ii) any modifications or controls of which the designer, manufacturer, importer or supplier is aware that have been developed to eliminate or correct the hazard or defect or manage the risk; and

(iii) the name of each operator, contractor or service provider the designer, manufacturer, importer or supplier has supplied the plant to; and

(iv) the steps taken to notify the operators, contractors and service providers about the matters mentioned in subparagraphs (i) and (ii);

(2) Section 41 (4)(b), example, ‘(4)(b)’—omit, insert —(4)(c)

(3) Section 41 (4)(aa) and (b)—renumber as section 41 (4)(b) and (c).

59 Amendment of s 43 (Obligations of manufacturers, importers and suppliers of substances for use at mines)

(1) Section 43 (2), after paragraph (a)—insert —

(aa) if the manufacturer, importer or supplier becomes aware of a hazard or defect associated with the substance that may create an unacceptable level of risk to users of the substance, to inform the chief inspector of—

(i) the nature of the hazard or defect and its significance; and

(ii) any modifications or controls of which the manufacturer, importer or supplier is aware that have been developed to eliminate or correct the hazard or defect or manage the risk; and

(iii) the name of each operator, contractor or service provider the designer, manufacturer, importer or supplier has supplied the substance to; and

(iv) the steps taken to notify the operators, contractors and service providers about the matters mentioned in subparagraphs (i) and (ii);

(2) Section 43 (2)(b), example, ‘(2)(b)’—omit, insert —(2)(c)

(3) Section 43 (2)(aa) and (b)—renumber as section 43 (2)(b) and (c).

(4) Section 43 —insert —

(4) If a supplier of a substance for use at a mine becomes aware of a hazard or defect associated with the substance that may create an unacceptable level of risk to users of the substance, the supplier has an obligation to take all reasonable steps to inform each operator, contractor or service provider to whom the supplier has supplied the substance of—

(a) the nature of the hazard or defect and its significance; and

(b) any modifications or controls the supplier is aware of that have been developed to eliminate or correct the hazard or defect or manage the risk.

60 Replacement of s 44 (Obligation of provider of services at mines)

Section 44 —

omit, insert —

44 Obligations of service providers

(1) A person who provides a service (a
"service provider") at a mine has the following obligations—

(a) to ensure the service provider complies with this Act to the extent it relates to the service provided;

(b) to ensure the service provider complies with the mine’s safety and health management system to the extent it relates to the service provided;

(c) to ensure the safety and health of workers or other persons is not adversely affected by the service provided;

(d) if the service provider is present at the mine—to ensure the service provider’s own safety and health is not adversely affected by the service provided;

(e) to ensure the fitness for use of plant at the mine is not adversely affected by the service provided;

(f) to ensure the service is not provided until the service provider—

(i) has identified the risks arising in relation to any service to be provided by the service provider at the mine; and

(ii) has either given the site senior executive for the mine a safety and health management plan or notified the site senior executive that the service provider wishes to adopt the mine’s safety and health management system; and

(iii) if the service provider has given the site senior executive a safety and health management plan—has made all changes to the plan required by the site senior executive to enable the plan to be integrated with the mine’s safety and health management system;

(g) to ensure the service is not provided until the service provider and each worker engaged by the service provider—

(i) has been inducted in the mine’s safety and health management system to the extent it relates to the service to be provided by the service provider or worker; and

(ii) has received training about hazards and risks at the mine to the extent they relate to the service to be provided by the service provider or worker.

(2) In this section—

"safety and health management plan", of a service provider, means a plan that—

(a) identifies the service to be provided by the service provider; and

(b) states how the service provider intends to comply with the service provider’s obligations under this section.

61 Insertion of new pt 3, div 3A

Part 3—

insert —

62 Amendment of s 45 (Defences for div 2 or 3)

Section 45, ‘2 or 3’—

omit, insert —

2, 3 or 3A

63 Amendment of s 49 (Appointment of site senior executive)

(1) Section 49 —insert —

(3A) If more than 10 workers are employed at a mine or the mine is prescribed by regulation to be a mine to which this subsection applies, an operator for the mine must not appoint a person to be site senior executive for the mine, or a separate part of the mine, unless the person holds a site senior executive notice. Maximum penalty—500 penalty units.

(3B) A regulation may prescribe a mine to be a mine to which subsection (4) applies because of the size, nature or complexities of the mine’s operations.

(2) Section 49 (3A) to (4)—renumber as section 49 (4) to (6).

64 Amendment of s 50 (Management structure for safe operations at mines)

Section 50 (2)—

insert —

(ca) state the name of the person who is responsible for managing the system of work for contractors and service providers at the mine; and

65 Insertion of new ss 54A and 54B

Part 4, division 2—

insert —

54A Appointment of ventilation officer

(1) This section applies to an underground mine.

(2) The site senior executive for the mine must appoint a person as the ventilation officer for the mine. Maximum penalty—200 penalty units.

(3) The site senior executive must not appoint a person as the ventilation officer for the mine unless—

(a) if more than 10 persons but not more than 20 persons work underground in the mine or the mine is prescribed by regulation to be a mine to which this paragraph applies—the site senior executive is satisfied the person is competent to perform the duties of the ventilation officer for the mine; or

(b) if more than 20 persons work underground in the mine or the mine is prescribed by regulation to be a mine to which this paragraph applies—the person has competencies recognised by the committee as appropriate for the duties and responsibilities of the position.

Maximum penalty—200 penalty units.

(4) A regulation may prescribe an underground mine to be a mine to which subsection (3) (a) or (b) applies because of the size, nature or complexities of the mine’s operations.

(5) The ventilation officer for the mine is responsible for—

(a) the implementation of the mine’s ventilation system; and

(b) the establishment of effective standards of ventilation for the mine.

(6) The site senior executive must not appoint a person as ventilation officer at more than 1 mine at the same time unless the chief inspector gives the site senior executive notice that the chief inspector is satisfied the person can effectively carry out the duties of the ventilation officer at the mines. Maximum penalty for subsection (6) —200 penalty units.

54B Absence of ventilation officer

(1) This section applies if the ventilation officer appointed under section 54A for an underground mine is temporarily absent from duty.

(2) If the absence is for not more than 14 days, the duties and responsibilities of the ventilation officer are taken to be assumed by the underground mine manager during the absence.

(3) Subsection (2) applies regardless of whether the underground mine manager satisfies any requirements that apply under section 54A (3)(a) or (b) for appointing a person as the ventilation officer for the mine.

(4) An inspector may, by notice—

(a) require an underground mine manager assuming the duties and responsibilities of the ventilation officer to demonstrate to the inspector’s satisfaction that the manager can effectively carry out the duties and responsibilities of both the underground mine manager and the ventilation officer; and

(b) if the underground mine manager can not satisfy the inspector as mentioned in paragraph (a)—require the site senior executive for the mine to appoint a person to act as the ventilation officer during the remainder of the absence.

(5) If the absence is for more than 14 days or the site senior executive is given a notice under subsection (4) (b), the site senior executive for the mine must appoint a person to act as the ventilation officer during the absence. Maximum penalty—200 penalty units.

(6) The site senior executive must not appoint a person under subsection (5) unless the person satisfies any requirements that apply under section 54A (3)(a) or (b) for appointing a person as the ventilation officer for the mine. Maximum penalty—200 penalty units.

66 Amendment of s 55 (Safety and health management system)

(1) Section 55 (1) and (2)—omit, insert —

(1) The safety and health management system, for a mine, is a single system that incorporates risk management elements and practices that ensure the safety and health of persons who may be affected by operations.

(2) The safety and health management system must be a single, auditable documented system that forms part of an overall management system that includes organisational structure, planning activities, responsibilities, practices, procedures and resources for developing, implementing, maintaining and reviewing a safety and health policy.

(2A) The safety and health management system must provide a single, comprehensive and integrated system for the management of all aspects of risks to safety and health in relation to the operation of the mine.

(2B) The safety and health management system for a mine must be in place before operations start at the mine.

(2) Section 55 (2A) to (3)—renumber as section 55 (3) to (5).

67 Amendment of s 69 (Membership of committee)

Section 69 (1), ‘9’—

omit, insert —

10

68 Amendment of s 71 (Appointment of members)

(1) Section 71, heading, after ‘members’—insert ——persons from panels

(2) Section 71 (4)—omit.

(3) Section 71 (5), after ‘operations’—insert —or the Minister otherwise considers the person appropriate to be a member of the committee

(4) Section 71 (8), ‘who are not inspectors’—omit, insert —mentioned in this section

69 Insertion of new s 71A

After section 71 —

insert —

71A Appointment of members—inspectors

(1) The chief inspector is a member of the committee.

(2) The Minister must appoint 2 other inspectors to be members of the committee.

70 Amendment of s 130 (Entry to places)

(1) Section 130 (1)(e)—omit, insert —

(e) it is, or the officer reasonably suspects it is, a workplace.

(2) Section 130 (2), after ‘For’—insert —subsection (1) (a), for

(3) Section 130 (3)—omit, insert —

(3) For subsection (1) (e), an entry may be made with, or without, the consent of the person with management or control of the workplace.

(4) Section 130 (5)—omit.

71 Insertion of new s 135A

Part 9, division 4, subdivision 3—

insert —

135A Entry to residential premises Despite anything else in this division, the powers of an officer under this division in relation to entering a place are not exercisable in relation to any part of a place that is used for residential purposes except—

(a) with the consent of the person with the management or control of the place; or

(b) under the authority conferred by a search warrant; or

(c) for the purpose only of gaining access to a suspected workplace, but only—

(i) if the officer reasonably believes no reasonable alternative access is available; and

(ii) at a reasonable time having regard to the times at which the officer believes work is being carried out at the place to which access is sought.

72 Amendment of s 180 (Functions of the board of examiners)

Section 180 —

insert —

(e) to issue notices (
"site senior executive notices") to persons who have demonstrated to the board’s satisfaction the safety and health competencies, recognised by the committee under section 67, required to perform the duties of a site senior executive for a mine;

(f) to perform any other function conferred on the board of examiners under this Act.

73 Insertion of new s 181A

After section 181 —

insert —

181A Board of examiners may consider previous suspension or cancellation of certificate of competency or site senior executive notice

(1) This section applies if—

(a) a person has applied for the grant of a certificate of competency or site senior executive notice; and

(b) a certificate of competency or site senior executive notice previously held by the person was suspended or cancelled under this Act.

(2) The board of examiners may have regard to the previous suspension or cancellation in deciding the application.

(3) Subsection (2) does not limit the matters to which the board of examiners may have regard in deciding the application.

74 Amendment of s 182 (Obtaining certificates of competency by fraud)

(1) Section 182, heading, after ‘competency’—insert —or site senior executive notices

(2) Section 182, after ‘certificate of competency’—insert —or site senior executive notice

(3) Section 182 —insert —

(3) If the board of examiners decides to cancel a certificate of competency or site senior executive notice, the board must give notice of the decision to the following persons, to the extent the persons are known to the board—

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

(b) for a decision relating to a site senior executive notice—the operator for each mine at which the holder works.

75 Amendment of s 183 (Return of certificate of competency)

(1) Section 183, after ‘certificate of competency’—insert —or site senior executive notice

(2) Section 183, after ‘the certificate’—insert —or notice

(3) Section 183 —insert —

(c) the chief executive suspends or cancels the certificate or notice under part 10A.

76 Insertion of new ss 184 and 185

Part 10—

insert —

184 Effect on particular appointments of suspension or cancellation of certificate of competency or site senior executive notice

(1) This section applies if—

(a) a certificate of competency or site senior executive notice held by a person is suspended or cancelled under this Act; and

(b) immediately before the suspension or cancellation took effect, the person held an appointment under this Act; and

(c) this Act requires a person to hold the certificate of competency or site senior executive notice to be appointed to the position.

(2) The person’s appointment to the position ends on the suspension or cancellation of the person’s certificate of competency or site senior executive notice.

185 Register to be kept by board of examiners

(1) The board of examiners must keep a register of—

(a) certificates of competency granted by the board; and

(b) site senior executive notices issued by the board; and

(c) notices of registration given by the board under a mutual recognition Act.

(2) The register must include the following information—

(a) for a certificate of competency or site senior executive notice—

(i) the name and contact details of the holder of the certificate or notice; and

(ii) details of the certificate or notice; and

(iii) the status of the certificate or notice, including, if it has been suspended or cancelled under this Act, details of the suspension or cancellation;

(b) for a notice mentioned in subsection (1) (c)—the name and contact details of the person to whom the notice was given;

(c) any other information prescribed by regulation.

(3) The board of examiners may disclose information in the register, other than the contact details of an individual, to any person or agency.

(4) In this section—

"mutual recognition Act" means—

(a) the Mutual Recognition Act 1992 (Cwlth); or

(b) the Trans-Tasman Mutual Recognition Act 1997 (Cwlth).

77 Insertion of new pt 10A

After part 10—

insert —

78 Amendment of s 195 (Notice of accidents, incidents, deaths or diseases)

(1) Section 195 (6), from ‘disease at a mine’ to ‘this section’—omit, insert —reportable disease at a mine or as a result of operations

(2) Section 195 —insert —

(7) A person prescribed by regulation who becomes aware that a worker has been diagnosed with a reportable disease must give notice of the diagnosis to the chief inspector. Maximum penalty—40 penalty units.

(8) In this section—

"reportable disease" means a disease prescribed by regulation to be a disease that must be reported under this section.

79 Amendment of pt 13, div 1, hdg (Appeals against particular decisions of Minister or board of examiners)

Part 13, division 1, heading, after ‘Minister’—

insert —

, chief executive

80 Insertion of new s 216A

After section 216 —

insert —

216A Appeals against chief executive’s decisions The following persons may appeal against the chief executive’s decision under the following provisions to an Industrial Magistrates Court under this division—

(a) a person whose certificate of competency or site senior executive notice is suspended or cancelled by the chief executive— section 189;

(b) a corporation on which a civil penalty is imposed— section 246I.

81 Amendment of s 218 (How to start appeal)

(1) Section 218 (1)(b)—insert —

(ia) if the appeal is against the chief executive’s decision—the chief executive; or

(2) Section 218 (1)(b)(ia) and (ii)—renumber as section 218 (1)(b)(ii) and (iii).

82 Amendment of s 220 (Hearing procedures)

(1) Section 220 —insert —

(2A) However, for deciding an appeal against a decision of the chief executive under section 246I to impose a civil penalty on a corporation, information that was not available to the chief executive in making the decision must not be taken into account.

(2) Section 220 (4), definition original decision-maker, after ‘Minister’—insert —, chief executive

(3) Section 220 (2A) to (4)—renumber as section 220 (3) to (5).

83 Amendment of s 231 (Evidentiary aids)

Section 231 (1)(b), after ‘certificate,’—

insert —

notice,

84 Amendment of s 237 (Court may order suspension or cancellation of certificate)

(1) Section 237, heading, after ‘certificate’—insert —or notice

(2) Section 237, after ‘certificate of competency’—insert —or site senior executive notice

(3) Section 237 —insert —

(4) The industrial magistrate must give notice of the decision to suspend or cancel the person’s certificate of competency or site senior executive notice to—

(a) the following persons, to the extent the persons are known to the industrial magistrate—

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

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

(b) the board of examiners.

85 Amendment of s 240 (Responsibility for acts or omissions of representatives)

(1) Section 240 (3), ‘reasonable diligence’—omit, insert —reasonable precautions and proper diligence

(2) Section 240 (4), definition representative, paragraph (a), ‘executive’—omit.

86 Omission of s 241 (Executive officers must ensure corporation complies with Act)

Section 241 —

omit.

87 Insertion of new pt 14B

After part 14A—

insert —

88 Amendment of s 254C (Public statements)

(1) Section 254C (1)(b), ‘serious accidents’—omit, insert —accidents or high potential incidents

(2) Section 254C (1)(c), ‘or authorised officers’—omit, insert —, authorised officers or the chief executive

(3) Section 254C (1)(d), ‘under section 182 (2)’—omit, insert —or site senior executive notice under section 182 (2) or part 10A

(4) Section 254C (1)—insert —

(e) any incident or other matter that may be relevant to persons seeking to comply with their safety and health obligations.

(5) Section 254C —insert —

(4) No liability is incurred by the State for anything done in good faith for the purpose of issuing a public statement under this section.

(5) No liability is incurred by a person for publishing, in good faith, information that has been included in a public statement under this section.

(6) In this section—

"liability" includes liability in defamation.

89 Amendment of s 255 (Disclosure of information)

(1) Section 255 —insert —

(2A) Despite subsection (1), the chief inspector or chief executive may disclose to the Regulator or WorkCover, under the Workers’ Compensation and Rehabilitation Act 2003, any information the chief inspector or chief executive has that relates to any matter under that Act.

(2) Section 255 (2A) and (3)—renumber as section 255 (3) and (4).

90 Amendment of s 262 (Regulation-making power)

(1) Section 262 (2)(i), after ‘work’—insert —, including requirements for holders of certificates of competency or site senior executive notices to undertake continuing professional development decided by the board of examiners

(2) Section 262 (2)—insert —

(m) the health of persons who are, will be or have been employed as workers, including about—

(i) the appointment, qualifications and removal of doctors and other health practitioners for mines; and

(ii) pre-employment and periodic medical examinations and health assessments to decide a person’s fitness for work at a mine and for the purpose of health surveillance; and

(iii) the ownership, storage, confidentiality and release of the results of medical examinations and health assessments; and

(iv) reciprocal arrangements between operations for the exchange of information or the recognition of medical examinations or health assessments.

91 Insertion of new pt 20, div 5

Part 20—

insert —

92 Amendment of sch 2 (Dictionary)

(1) Schedule 2, definitions executive officer, officer, opal or gem mine, safety and health management system and supplier —omit.

(2) Schedule 2 —insert —

"civil penalty obligation", for part 14B, see section 246E.

"corresponding offence", in relation to a contravention of a civil penalty obligation, for part 14B, see section 246E.

"officer" —

(a) of a corporation, means an officer within the meaning of the Corporations Act, section 9, other than a partner in a partnership; or

(b) for part 9, division 4, see section 129A.

"penalty notice", for part 14B, see section 246I (3).

"proposed action", for part 10A, see section 187 (1).

"proposed action notice", for part 10A, see section 187 (2).

"proposed penalty notice", for part 14B, see section 246G (2).

"relevant corporation", for part 14B, see section 246E.

"safety and health management system", for a mine, means a single safety and health management system that complies with section 55.

"service provider" see section 44 (1).

"site senior executive notices" see section 180 (e).

"supplier", of plant, equipment, substances or other goods, means a person who contracts to supply the plant, equipment, substances or other goods to an operator, contractor or service provider.

"workplace" means a workplace to which the Work Health and Safety Act 2011 applies.

(3) Schedule 2, definition worker —insert —

(c) a service provider or employee of a service provider.