Part 3Incident
notification
14What is a “notifiable
incident”
In this Act, notifiable incident means:
(a)
the death of a person, or
(b)
a serious injury or illness of a person that is
prescribed by the regulations, or
(c)
a dangerous incident prescribed by the
regulations.
15Duty to notify of notifiable
incidents
(1)
A mine operator of a mine must ensure that the
regulator is notified immediately after becoming aware that a notifiable
incident arising out of the conduct of any business or undertaking at the mine
has occurred.
Maximum penalty:
(a)
in the case of an individual—$10,000,
or
(b)
in the case of a body
corporate—$50,000.
(1A)
A petroleum site operator of a petroleum site
must ensure that the regulator is notified immediately after becoming aware
that a notifiable incident arising out of the conduct of any business or
undertaking at the petroleum site has occurred.
Maximum penalty:
(a)
in the case of an individual—$10,000,
or
(b)
in the case of a body
corporate—$50,000.
(2)
A person conducting a business or undertaking at
a mine or petroleum site must ensure that the regulator is notified
immediately after becoming aware that a notifiable incident arising out of the
conduct of the business or undertaking at the mine or petroleum site has
occurred.
Maximum penalty:
(a)
in the case of an individual—$10,000,
or
(b)
in the case of a body
corporate—$50,000.
(3)
Notice under this section must be given in
accordance with this section and by the fastest possible
means.
(4)
The notice must be given:
(a)
by telephone, or
(b)
in writing.
Example—
The written notice can be given by facsimile,
email or other electronic means.
(5)
A person giving notice by telephone must:
(a)
give the details of the incident requested by the
regulator, and
(b)
give a written notice of the incident within 48
hours of giving the notice by telephone.
(6)
A written notice must be in a form, or contain
the details, approved by the regulator.
s 15: Am 2015 No 43,
Sch 1 [23]–[25].
16Notifiable incident at coal
mine
(1)
A person who is required to ensure that the
regulator is notified of a notifiable incident at a coal mine to which Part 5
applies must also ensure that an industry safety and health representative is
given notice of the incident in accordance with this section.
Maximum penalty:
(a)
in the case of an individual—$10,000,
or
(b)
in the case of a body
corporate—$50,000.
(2)
Notice is to be given in the same manner and form
as notice is given to the regulator and is to contain the same details as
those required by the regulator in respect of telephone notice or written
notice, as the case may be.
17Duty to preserve incident
sites
(1)
When a notifiable incident has occurred at a mine
or petroleum site each of the following persons must ensure, so far as is
reasonably practicable, that the incident site is not disturbed until an
inspector arrives at the incident site or any earlier time that a government
official directs:
(a)
any person who is required to ensure that the
regulator is notified of the notifiable incident,
(b)
each person with management or control of the
incident site.
Maximum penalty:
(a)
in the case of an individual—$10,000,
or
(b)
in the case of a body
corporate—$50,000.
(2)
(3)
Subsection (1) does not prevent any
action:
(a)
to assist an injured person,
or
(b)
to remove a deceased person,
or
(c)
that is essential to make the incident site safe
or to minimise the risk of a further notifiable incident,
or
(d)
that is associated with a police investigation,
or
(e)
for which an inspector or the regulator has given
permission.
(4)
A government official must not direct an earlier
time under subsection (1) in the case of a notifiable incident at a coal mine
to which Part 5 applies unless the government official has consulted with an
industry safety and health representative.
(5)
In this section:
incident
site means the workplace (or part of the workplace) at which
the notifiable incident occurred and includes any plant, substance, structure
or thing associated with the notifiable incident.
s 17: Am 2015 No 43,
Sch 1 [26]–[34]; 2016 No 27, Sch 2.60.
Part 9Miscellaneous
69Service of
documents
(1)
A document that is authorised or required by this
Act or the regulations to be served on any person may be served by:
(a)
in the case of a natural person:
(i)
delivering it to the person personally,
or
(ii)
sending it by post to the address specified by
the person for the giving or service of documents or, if no such address is
specified, the residential or business address of the person last known to the
person giving or serving the document, or
(iii)
sending it by facsimile transmission to the
facsimile number of the person, or
(iv)
sending it by email to the email address of the
person, or
(b)
in the case of a body corporate:
(i)
leaving it with a person apparently of or above
the age of 16 years at, or by sending it by post to, the head office, a
registered office or a principal office of the body corporate or to an address
specified by the body corporate for the giving or service of documents,
or
(ii)
sending it by facsimile transmission to the
facsimile number of the body corporate, or
(iii)
sending it by email to the email address of the
body corporate.
(2)
A document that is authorised or required by this
Act or the regulations to be served on:
(a)
the petroleum site operator of a petroleum site,
may also be served by leaving it with a worker at the petroleum site,
or
(b)
the mine operator of a mine, may also be served
by leaving it with a worker at the mine, or
(c)
an industry safety and health representative, may
also be served by sending it to any district or national office of the
Construction, Forestry, Maritime, Mining and Energy Union (Mining and Energy
Division) or by leaving it with a person apparently of or above the age of 16
years at any such office.
(2A)
If the regulator has specified, by order
published in the Gazette, a person, place or address (including an email
address) for the service of any document that is authorised or required by
this Act or the regulations to be served on the regulator, the document may be
served only by delivering it to that person, place or
address.
(3)
Nothing in this section affects the operation of
any provision of a law or of the rules of a court authorising a document to be
served on a person in any other manner.
(4)
In this section, a reference to a document being
served on a person includes a reference to any document being given to the
person.
s 69: Am 2015 No 43,
Sch 1 [50] [51]; 2019 No 1, Sch 2.44.
70Publication of information by
regulator
(1)
The regulator may publish any information
concerning any of the following matters:
(a)
the conviction of a person for an offence against
the WHS laws,
(b)
any investigation conducted under the WHS laws of
a possible contravention of the WHS laws,
(c)
any action taken by the regulator under the WHS
laws for the purpose of enforcing compliance with or preventing a
contravention of the WHS laws (including the issue of any notice or the
acceptance of any undertaking for that purpose),
(d)
any incident or other matter that may be of
relevance to mine operators, petroleum site operators, persons conducting
businesses and undertakings or workers in connection with compliance by them
with duties imposed by the WHS laws,
(e)
any matter prescribed by the
regulations.
(2)
No liability is incurred by the State in respect
of anything done in good faith for the purpose of publishing information under
this section.
(3)
No liability is incurred by a person publishing
in good faith information that has been published under this
section.
(4)
In this section:
liability includes liability in
defamation.
s 70: Am 2015 No 43,
Sch 1 [52].
71Sharing of information with
corresponding regulator
(1)
The regulator or a member of staff of the
regulator is authorised to disclose information or give access to a document
to a corresponding regulator or a member of staff of a corresponding regulator
if the disclosure or giving of access is for the purpose of assisting the
corresponding regulator to exercise the functions of the corresponding
regulator under a corresponding WHS law.
(2)
Section 271 of the WHS Act applies to the use of
information or a document that a person obtains or gains access to as a result
of the disclosure of the information or the giving of access to the document
as authorised by a provision of a corresponding WHS law equivalent to this
section, as if the person had obtained the information or gained access to the
document in exercising a function under this Act or the WHS
Act.
(3)
Section 271 of the WHS Act does not apply to the
disclosure of information or giving of access to a document as authorised by
this section.
72Mining and petroleum codes of
practice
(1)
A reference in section 274 of the WHS Act to the
Minister is taken to include a reference to the Minister administering this
Act if the code of practice is to be made in respect of mines, mining
operations, petroleum sites or petroleum operations.
(2)
In developing a code of practice that relates to
a particular class of mine, mining operations, petroleum site or petroleum
operations, consultation is not required to take place under section 274 (2)
(a) of the WHS Act with a jurisdiction if the Minister reasonably believes
that the class of mine or petroleum site does not exist, or the class of
mining operations or petroleum operations does not take place, in that
jurisdiction.
s 72: Am 2015 No 43,
Sch 1 [53]–[56].
73Immunity from
liability
For the avoidance of doubt, the following persons
are persons engaged in the administration of this Act and the WHS Act for the
purposes of section 270 of the WHS Act:
(a)
a member of the Mine Safety Advisory
Council,
(b)
a member of the Mining and Petroleum Competence
Board,
(c)
a person who constitutes a Board of
Inquiry,
(d)
an assessor sitting with a Board of
Inquiry,
(e)
an industry safety and health
representative.
s 73: Am 2015 No 43,
Sch 1 [57].
74Functions of
regulator
The regulator, in addition to the functions set
out in section 152 of the WHS Act, has the function of advising and making
recommendations to the Minister and reporting on the operation and
effectiveness of the WHS laws.
75Delegation of functions by
Minister
The Minister may, by instrument in writing,
delegate to the head of the Department any of the functions conferred or
imposed on the Minister by or under this Act (other than this power of
delegation).
Note—
The delegation of functions by the regulator is
provided for by section 154 of the WHS Act.
76Regulations
(1)
The Governor may make regulations, not
inconsistent with this Act, for or with respect to any matter that by this Act
is required or permitted to be prescribed or that is necessary or convenient
to be prescribed for carrying out or giving effect to this
Act.
(2)
Without limiting subsection (1), the regulations
may make provision for or in relation to matters set out in Schedule
2.
(3)
Without limiting subsection (1), the regulations
under this Act may make provision for or in relation to any matter for or in
relation to which regulations may be made under the WHS
Act.
(4)
Without limiting subsection (1), the regulations
may be made in respect of an activity in relation to mining operations that
takes place at a workplace other than a mine.
(4A)
Without limiting subsection (1), the regulations
may be made in respect of an activity in relation to petroleum operations that
takes place at a workplace other than a petroleum site.
(5)
A reference in the WHS Act to the WHS Act in or
in connection with a power to make regulations under that Act is to be read as
including a reference to this Act.
(6)
The Minister is not to recommend the making of a
regulation containing provisions that confer jurisdiction of the Civil and
Administrative Tribunal to exercise functions unless the Minister certifies
that the Minister administering the Civil and
Administrative Tribunal Act 2013 has agreed to the
provisions.
s 76: Am 2013 No 95,
Sch 2.154 [1]; 2015 No 43, Sch 1 [58].
77Review of
Act
(1)
The Minister is to review this Act to determine
whether the policy objectives of the Act remain valid and whether the terms of
the Act remain appropriate for securing those
objectives.
(2)
The review is to be undertaken as soon as
possible after the period of 5 years from the commencement of this
Act.
(3)
A report on the outcome of the review is to be
tabled in each House of Parliament within 12 months after the end of the
period of 5 years.
78
s 78: Rep 1987 No 15,
sec 30C.