Limitation Mining: Proceedings for an offence against the Act The new legislation requires proceedings to begin Aligned with the model WHS Act. must be commenced within three years after the within two years after the offence first comes to the period for offence was committed. notice of the Regulator. prosecutions Petroleum: Proceedings for an offence may be brought at any time. Relies on and MHF: Criminal Procedure Act 2004 proceedings can be brought within one year. Under s.100A of MSIA, officers of The new WHS (Resources) Act places duty on Aligned with the model WHS Act and the Mining: Officer’s liability corporations are liable in cases of gross negligence. officers of a corporation to exercise due diligence to definition of an officer under the Corporations ensure that the PCBU complies with any duty or Law. Petroleum: Directors, employees or agents of the obligation under the WHS (Resources) Act. body corporate are liable under the following provisions: PAGERA & PPA: Schedule 1, Clause 78. PSLA: Schedule 5, clause 79. MHF: Under s.6 of DGSA, officers of corporations are liable. Mining: MIAC is a statutory committee currently These committees will consist of industry, Advisory Proposed advisory committees are as follows: Committees under s.14A of the union and government representatives and Occupational Safety and Health Mining: MIAC will be retained, however provision provide advice to the Minister. Act 1984. to establish this committee will be moved to the WHS (Resources) Act. The introduction of a committee for Petroleum and MHFs: No statutory committees. petroleum and MHFs will facilitate Petroleum & MHFs: A new committee to be formed discussions on safety issues, reforms or to represent petroleum and MHFs. changes going forward and provide a line of advice for these industries to the Minister (akin to the existing situation for mining).
Limitation period for prosecutions Mining: Proceedings for an offence against the Act must be commenced within three years after the offence was committed. Petroleum: Proceedings for an offence may be brought at any time. MHF: Relies on Criminal Procedure Act 2004 and proceedings can be brought within one year. The new legislation requires proceedings to begin within two years after the offence first comes to the notice of the Regulator. Aligned with the model WHS Act. Officer’s liability Mining: Under s.100A of MSIA, officers of corporations are liable in cases of gross negligence. Petroleum: Directors, employees or agents of the body corporate are liable under the following provisions: PAGERA & PPA: Schedule 1, Clause 78. PSLA: Schedule 5, clause 79. MHF: Under s.6 of DGSA, officers of corporations are liable. The new WHS (Resources) Act places duty on officers of a corporation to exercise due diligence to ensure that the PCBU complies with any duty or obligation under the WHS (Resources) Act. Aligned with the model WHS Act and the definition of an officer under the Corporations Law. Advisory Committees Mining: MIAC is a statutory committee currently under s.14A of the Occupational Safety and Health Act 1984. Petroleum and MHFs: No statutory committees. Proposed advisory committees are as follows: Mining: MIAC will be retained, however provision to establish this committee will be moved to the WHS (Resources) Act. Petroleum & MHFs: A new committee to be formed to represent petroleum and MHFs. These committees will consist of industry, union and government representatives and provide advice to the Minister. The introduction of a committee for petroleum and MHFs will facilitate discussions on safety issues, reforms or changes going forward and provide a line of advice for these industries to the Minister (akin to the existing situation for mining).
WHS-Resources-Forum-handout.docx