Mines Legislation (Resources Safety) Amendment Bill 2018
Plain English Summary
Overview
This bill strengthens safety and health protections for workers across Queensland's coal mining, metalliferous mining, and quarrying industries. It was driven in part by the re-identification of coal workers' pneumoconiosis (black lung disease) and introduces higher penalties, new corporate accountability obligations, improved contractor management, expanded health surveillance, and stronger enforcement powers for mine inspectors.
Who it affects
Mine workers gain stronger safety protections, while mining companies and their directors face significantly higher penalties and new proactive safety obligations. Small opal and gem mine operators with 5 to 10 workers must now implement formal safety management systems.
Key changes
- Maximum penalties for safety breaches significantly increased to align with the Work Health and Safety Act 2011 — corporations now face up to 30,000 penalty units (approximately $3.78 million) for contraventions causing multiple deaths, with imprisonment of up to 3 years for individuals
- Corporate officers (directors and senior management) now have a proactive duty of due diligence to ensure their company complies with safety obligations, rather than only being held accountable after a breach
- A new civil penalty regime allows the chief executive to impose financial penalties on corporations (up to 1,000 penalty units) without needing a criminal prosecution
- Contractors and service providers must submit safety plans to the site senior executive for integration into the mine's single safety and health management system before work begins
- Ventilation officers at underground coal mines must now hold a certificate of competency issued by the Board of Examiners, with a three-year transition period
- Health surveillance and disease notification requirements are expanded to cover former miners and prescribed persons such as medical practitioners, supporting long-term monitoring of diseases like black lung and silicosis
- The chief executive gains new power to suspend or cancel certificates of competency where safety obligations have been breached, with natural justice protections and appeal rights to the Industrial Magistrates Court
- Small opal and gem mines with 5 to 10 workers lose their exemption from safety and health management system requirements, with a three-year transition period
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee20 Mar 2018View Hansard
Referred to State Development, Natural Resources and Agricultural Industry Development Committee
The Education, Employment and Small Business Committee examined the Mines Legislation (Resources Safety) Amendment Bill 2018 and tabled its report on 8 May 2018. The committee recommended the bill be passed, while also recommending that a definition of 'contractor' be added and that site senior executives be notified of reportable diseases on a confidential basis. The government accepted the first recommendation, and committed to further industry consultation on the contractor definition and reportable disease notification proposals. The committee also flagged concerns about civil penalties, privacy in information sharing with WorkCover, and the impact of non-disclosure agreements on disease reporting obligations.
Key findings (5)
- The committee found the bill's strengthening of ventilation officer qualification requirements was appropriate, requiring certificate of competency holders to also pass a law exam and oral assessment.
- Stakeholders identified a significant gap in the bill regarding the absence of a clear definition of 'contractor', which the committee recommended be addressed through an amendment.
- Concerns were raised about reportable diseases not being captured accurately and whether non-disclosure agreements could impact on the obligation to report a disease.
- Stakeholders raised concerns about civil penalty provisions potentially allowing a person or corporation to be penalised civilly and then prosecuted criminally for the same offence.
- The committee examined changes to advisory committee membership to restore equal tripartite representation following the appointment of an independent Commissioner for Mine Safety and Health in 2016.
Recommendations (3)
- The committee recommends the Mines Legislation (Resources Safety) Amendment Bill 2018 be passed.
- The committee recommends that the Bill be amended to include a definition of 'contractor'.
- The committee recommends the Minister consider amending the Bill to require that site senior executives be notified, on a confidential basis, of relevant cases of reportable diseases, to allow them to ensure that the risks to the health and safety of the employee are at an acceptable level.
Committee report tabled
▸Second Reading31 Oct 2018View Hansard
▸7 members spoke3 support4 mixed
As Minister for Natural Resources, Mines and Energy, moved the second reading speech outlining reforms to strengthen mine safety including increased penalties, improved contractor management, health surveillance, and ventilation officer competency requirements.
“All workers have the right to expect their work will not cause them illness or injury. We should all have the expectation of returning to our home and to our families at the end of each working day safe and unharmed from work.”— 2018-10-31View Hansard
Stated the LNP would not oppose the bill but raised concerns about the government's slow response to black lung disease, the lack of a definition for 'contractor', and the failure to adopt the committee's recommendation that site senior executives be notified of reportable diseases.
“It is a betrayal of workers to promise action on an issue as critical as mining safety and then let a year pass with no action. Miners' health and safety must come before the bureaucracy.”— 2018-10-31View Hansard
As committee chair, spoke in support of the bill, highlighting the 15 priority matters addressed including ventilation officer competencies, inspector powers, and contractor management, and thanked stakeholders who contributed to the inquiry.
“Everyone deserves the right to expect that their health and safety will be protected while in the workplace. Nowhere is diligence in this regard more important than in workplaces categorised by hazards such as those inherent in the mining industry.”— 2018-10-31View Hansard
As a committee member and former mine worker with 10 years in the mining industry, supported the bill's amendments to improve safety including accredited ventilation officers, increased penalties, and better inspector entry powers.
“The amendments contained in the Mines Legislation (Resources Safety) Amendment Bill are necessary as they provide better safety and conditions for mineworkers.”— 2018-10-31View Hansard
Did not oppose the bill but expressed concern that the definition of 'contractor' had not been adequately addressed, leaving some coalmine workers uncertain about coverage under the new laws. As a former coalmine contractor, found this unacceptable.
“The definition of 'contractor' has not been addressed adequately, leaving some coalmine workers uncertain as to whether they will be covered under these new laws. As a former coalmine contractor, I find this situation unacceptable.”— 2018-10-31View Hansard
Did not oppose the bill but criticised the government's lethargic response to black lung disease, the failure to include a definition of 'contractor', and the delay in establishing the mine safety authority in Mackay.
“If one of the government's largest financial supporters decides that the government ought to be criticised publicly, then it would seem that something is not going right and the government needs to do more.”— 2018-10-31View Hansard
Did not oppose the bill but raised concerns about the impact on small-scale opal and gemstone miners in her electorate, the lack of a clear definition of 'worker', and the Queensland Resources Council's concerns about double jeopardy with civil penalties.
“I do not believe that we need to increase that paperwork and administrative burden on those very small opal and gemstone miners.”— 2018-10-31View Hansard