Evidentiary Covered under current legislation as follows: Evidentiary provisions are included to save time in No change in requirement, as provisions in Court, consistent with current legislation. the proposed WHS (Resources) Bill reflect provisions Mining: MSIA s.98 current legislation and provisions which already exist. Petroleum: It is noted that retaining this provision differs s126A PAGERA: from the model WHS Act, which does not s.66BB PPA: include this provision. s.137A PSLA: MHF: DGSA: s.58. No provision for this in current legislation. Added to enable the regulator to publish information This aligns with the model WHS Act. Sharing and for shared learnings and education purposes. publication of It is proposed that Radiation Management information by This will include publication of: Plans approved for planned uranium mining regulator operations will be published prior to approved Radiation Management Plans; construction of these mines. The full plan will learnings from significant incidents and be published for those plans approved after accidents. the new WHS (Resources) Act is implemented. The publication of learnings from significant incidents and accidents is merely formalising a current process. These publications are to remove personal or company details. Board of No provision for this in current legislation. Enables the Minister to establish a Board of Inquiry This provision aligns with the NMSF and the However, the Minister already has the power to to inquire into serious incidents and dangerous model WHS Act. Inquiry institute inquiries and has done so in the past. occurrences; any practice or safety matter which may It formalises current Ministerial powers to adversely affect the health and safety of persons; or establish an inquiry, such as inquiries into any emerging or systemic issues affecting health and major incidents. safety of persons.
Evidentiary provisions Covered under current legislation as follows: Mining: MSIA s.98 Petroleum: PAGERA: s126A PPA: s.66BB PSLA: s.137A MHF: DGSA: s.58. Evidentiary provisions are included to save time in Court, consistent with current legislation. No change in requirement, as provisions in the proposed WHS (Resources) Bill reflect current legislation and provisions which already exist. It is noted that retaining this provision differs from the model WHS Act, which does not include this provision. Sharing and publication of information by regulator No provision for this in current legislation. Added to enable the regulator to publish information for shared learnings and education purposes. This will include publication of: approved Radiation Management Plans; learnings from significant incidents and accidents. This aligns with the model WHS Act. It is proposed that Radiation Management Plans approved for planned uranium mining operations will be published prior to construction of these mines. The full plan will be published for those plans approved after the new WHS (Resources) Act is implemented. The publication of learnings from significant incidents and accidents is merely formalising a current process. These publications are to remove personal or company details. Board of Inquiry No provision for this in current legislation. However, the Minister already has the power to institute inquiries and has done so in the past. Enables the Minister to establish a Board of Inquiry to inquire into serious incidents and dangerous occurrences; any practice or safety matter which may adversely affect the health and safety of persons; or any emerging or systemic issues affecting health and safety of persons. This provision aligns with the NMSF and the model WHS Act. It formalises current Ministerial powers to establish an inquiry, such as inquiries into major incidents.
WHS-Resources-Forum-handout.docx