Resources Safety and Health Queensland Bill 2019
Plain English Summary
Overview
This bill creates Resources Safety and Health Queensland (RSHQ), a new independent regulator for workplace safety in Queensland's mining, quarrying, explosives and petroleum and gas industries. It was introduced after an inquiry into coal workers' pneumoconiosis (black lung disease) found that having safety regulation inside the same department that promotes the mining industry created a conflict of interest. The bill separates safety regulation from industry promotion and strengthens prosecution and oversight arrangements.
Who it affects
Workers in Queensland's resources industries gain an independent safety regulator focused solely on protecting them. Mining and resources companies will deal with a standalone regulator for safety compliance, and serious safety offences will be prosecuted by the independent Work Health and Safety prosecutor.
Key changes
- Creates Resources Safety and Health Queensland (RSHQ) as an independent statutory body, separate from the Department of Natural Resources, Mines and Energy
- Establishes a new Commissioner for Resources Safety and Health to independently monitor and review RSHQ's performance and advise the Minister
- Gives the Work Health and Safety prosecutor sole power to prosecute serious safety offences (causing death, bodily harm, or dangerous substance exposure) in the resources sector
- Allows members of the public to formally request prosecution of serious safety offences if none has been brought within 6 to 12 months, with escalation to the Director of Public Prosecutions
- Strengthens safety advisory committees by requiring 5-year strategic plans and critical risk identification across mining and quarrying sectors
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee4 Sept 2019View Hansard
Referred to State Development, Natural Resources and Agricultural Industry Development Committee
The State Development, Natural Resources and Agricultural Industry Development Committee examined the bill over six weeks, receiving 13 submissions and holding a public hearing with representatives from mining unions, industry groups, the explosives sector, and government. The committee recommended the bill be passed, finding broad stakeholder support for establishing an independent safety regulator following the re-identification of Coal Workers' Pneumoconiosis in Queensland. The committee made three additional recommendations addressing CEO qualifications, transparency of the funding model, and publication of the Commissioner's annual report.
Key findings (5)
- All submitters broadly supported the concept of an independent statutory regulator to separate mine safety regulation from the department responsible for promoting the resources industry
- The Australasian Explosives Industry Safety Group raised concerns that explosives legislation is primarily about public safety rather than industry safety, and questioned its inclusion under the resources-focused regulator
- Several industry stakeholders, including the Queensland Resources Council, criticised the absence of a regulatory impact statement and the lack of a finalised funding model before the bill was considered
- Unions and industry groups emphasised that the CEO and Commissioner must hold relevant resources industry qualifications and experience, particularly in coal mining
- The committee identified fundamental legislative principle concerns about the absence of a show cause process for removing the CEO, Commissioner, or executive officer from office
Recommendations (4)
- The committee recommends the Resources Safety and Health Queensland Bill 2019 be passed.
- The committee recommends that the Chief Executive Officer of Resources Safety and Health Queensland have appropriate resource industry qualifications and experience.
- The committee recommends that the Department of Natural Resources, Mines and Energy or Resources Safety and Health Queensland, if established, provide a briefing to the committee in mid-2020 on the finalised funding model for Resources Safety and Health Queensland.
- The committee recommends that the annual report of the Commissioner for Resources Safety and Health be published on the Resources Safety and Health Queensland and the Department of Natural Resources, Mines and Energy websites.
Committee report tabled
▸Second Reading4 Feb 2020View Hansard
▸1 procedural vote
That the debate be now adjourned
Procedural vote on the government's motion to adjourn the second reading debate on the Resources Safety and Health Queensland Bill. The LNP, KAP and crossbench opposed adjournment, wanting the debate to continue, while the government succeeded in adjourning 49-41.
The motion passed.
▸Show individual votesHide individual votes
Ayes (49)
Noes (41)
▸22 members spoke15 support7 mixed
Acknowledged the bill is a step in the right direction for mine safety reform but argued it falls well short of expectations, particularly the failure to establish the Mine Safety and Health Authority in Mackay as recommended by the Coal Workers' Pneumoconiosis Select Committee.
“As I say, it is a step in the right direction but it falls well short of what I expected, what my constituents expected and, more broadly, what the people in the coalmining industry expected, and that was the establishment of the Mine Safety and Health Authority in Mackay.”— 2020-03-17View Hansard
As Minister for Natural Resources, Mines and Energy and bill sponsor, outlined the bill's establishment of RSHQ as an independent statutory body to separate safety regulation from industry promotion, and detailed the new Commissioner role, enhanced advisory committees, and prosecution arrangements.
“This bill will make a real, positive difference to the safety and health of all workers in Queensland resources industries.”— 2020-02-04View Hansard
Supported the bill and acknowledged the hard work of the minister, shadow minister and committee members. Backed the shadow minister's call for a full parliamentary inquiry into mine safety while expressing no blame game.
“In conclusion, I wholeheartedly back the bill. I want to make sure there is no blame game. I want to ensure that in the end the community is safer and that for years to come workers can go home and tell their families they are safe.”— 2020-03-17View Hansard
As shadow minister, announced the LNP would not oppose the bill but heavily criticised the government's refusal to hold a full parliamentary inquiry into mine deaths, the declining number of mine safety inspections, and called for stronger safeguards on CEO conflicts of interest and mandatory committee meetings.
“The LNP will not be opposing this legislation because we place the health and safety of our natural resources workers as the highest priority for that industry.”— 2020-02-04View Hansard
Supported the bill's passage as crucial mine safety legislation while criticising the government for delaying its introduction and failing to hold a full parliamentary inquiry or board of inquiry into mine fatalities.
“We believe that the crucial mine safety laws currently before this parliament must be passed this week. The government needs to get on with the job and pass these important mine safety amendments with the Resources Safety and Health Queensland Bill.”— 2020-03-17View Hansard
Supported the bill as committee chair, outlining five key improvements including RSHQ's independence from the department, the enhanced CEO and Commissioner roles, expanded prosecution powers and the new definition of serious offence.
“In light of the eight deaths at mine sites since July 2018 and in light of the terrible toll of CWP, it is clear that we need change. This minister is delivering that change.”— 2020-02-04View Hansard
As the responsible minister, defended the bill as delivering on the government's commitment to independent safety regulation and increased accountability for resources workers, and responded to specific issues raised by opposition members during debate.
“The bill delivers on the Palaszczuk government's commitment to a regulatory framework that strengthens worker trust, ensures independence and transparency, and achieves increased accountability and oversight of regulatory performance.”— 2020-03-17View Hansard
As a committee member, did not oppose the bill but raised concerns from industry submitters about the unfinalised funding model, questioned whether structural change alone would fix systemic failures, and called on the minister to address mental health in the mining industry including approving the New Acland mine stage 3.
“We heard concerns, as I outlined, that this legislation does not automatically fix the flaws that have led to those deaths. If the laws are introduced they need to be enforced.”— 2020-02-04View Hansard
Supported the bill as a committee member, detailing the committee's recommendations and sharing personal connections to the mining industry through his family, and paying tribute to miners killed in recent accidents.
“I agree with the comments made by Queensland's CFMMEU Mining and Energy Division President, Steve Smyth, who said the death was a continuation of the recent 'carnage' in the mining industry and that this situation cannot continue.”— 2020-02-04View Hansard
As a committee member, did not oppose the bill but raised concerns about the independence of the Commissioner, noting the commissioner's reliance on RSHQ for staffing compromises their ability to conduct independent inquiries.
“The LNP shares the concerns of many Queenslanders in relation to mine safety. That is why we fully support the establishment of a parliamentary select committee into the effectiveness of the Queensland government's mine safety regime.”— 2020-02-04View Hansard
Supported the bill, emphasising the importance of separating the role of protecting workers from growing the resources sector, and the enhanced functions of safety advisory committees including five-year strategic plans.
“Establishing Resources Safety and Health Queensland as a statutory body ensures that the role of protecting workers in the resources sector is separate to the role of growing the mining and resources sector, which is as it should be.”— 2020-02-04View Hansard
As a committee member, supported passing the bill due to the eight mining deaths but expressed disappointment about the rushed Paradise Dam amendments being attached without committee scrutiny.
“One death is too many, but to have eight deaths in the past 18 months means immediate action needs to be taken. The LNP supports the passing of this important legislation.”— 2020-02-04View Hansard
Did not oppose the bill but criticised the government for being slow to act and for using internal reviews as a political ploy. As a Bowen Basin MP, expressed frustration at the rising death toll and the rushed Paradise Dam amendments bypassing the committee process.
“I am frustrated that it has taken the deaths of eight Queenslanders in 18 months to get the government's attention and to have this matter debated in the House.”— 2020-02-04View Hansard
Supported the bill as a Central Queensland member, detailing the government's suite of mine safety reforms including mobile health screening for coal workers and the industrial manslaughter offence, and sharing stories of workers affected by coal dust diseases.
“Resources Safety and Health Queensland will form a new, independent safety and health regulator statutory body that will be a strong regulator with teeth and, importantly, be at arm's length from the industry it is regulating.”— 2020-02-04View Hansard
Supported the bill as a former member of the CWP Select Committee, recounting the heartbreaking testimonies of black lung victims and criticising decades of government neglect where medical records were stored in shipping containers and broom closets.
“It is for those families and victims of black lung disease and the safety of those tens of thousands of workers in the resource sector that I support this bill. We must never see a repeat of this terrible period of history.”— 2020-02-04View Hansard
Supported the bill as a former CWP Select Committee member, arguing the collective failure across unions, employers, government and health workers to detect black lung for three decades was driven by a lack of independent regulation and enforcement.
“It is a completely impossible scenario for this disease to have disappeared in Queensland, but collectively we all believed it—unions, employers, the government, health workers—and it is impossible to apportion blame to one individual group.”— 2020-02-04View Hansard
Supported the bill drawing on personal experience as a former mine worker, arguing the legislation would help change the culture so workers could report safety concerns and illnesses without fear of retribution from supervisors.
“I commend this legislation coming through the House because it will help change the culture in the mining industry so that people will actually stand up.”— 2020-02-04View Hansard
Supported the bill as a Bowen Basin member with deep family connections to mining, emphasising the need for an independent regulator with checks and balances to prevent a repeat of the black lung crisis and recent fatalities.
“We must continually focus on our laws and our regulations to ensure we keep our mining industry modern and safe.”— 2020-02-04View Hansard
Did not oppose the bill but criticised the government's track record on mine safety, including the failure of the safety advisory committee to meet due to gender requirements and declining inspection numbers, and raised concerns about the broad definition of 'serious offence'.
“In a period of unprecedented loss of life within Queensland's resources sector, how can a group tasked with monitoring and improving safety within the sector fail to meet simply because those opposite could not find the right gender mix of members?”— 2020-02-04View Hansard
Supported the bill, noting the industrial manslaughter offence provisions and the importance of requiring statutory office staff to be direct mine company employees so they can raise safety concerns without fear of losing shifts.
“The health and safety of all workers is paramount for this Labor government. I commend the bill to the House.”— 2020-02-04View Hansard
Supported the bill drawing on his experience as a teacher in mining communities, recounting the anxiety children experienced when mine incidents occurred and the importance of independent data collection and continuous improvement.
“This legislation is about protecting workers so that their kids feel safe.”— 2020-02-04View Hansard
Supported the bill as Minister for Employment, acknowledging victims of black lung and mining fatalities, and highlighting the bill's creation of a separate statutory body to ensure genuine independence of the regulator from commercial considerations.
“Every worker in Queensland deserves to come home safe after a day's work. Every worker in Queensland should have faith that the government is doing everything possible to protect their health and safety on the job.”— 2020-02-04View Hansard
▸In Detail17 Mar 2020View Hansard
Amendment to clause 14 requiring the CEO of RSHQ to have a professional qualification relevant to the resources industry and professional experience in the resources sector.
Amendment to clause 67 to include the WHS prosecutor in the list of entities to whom the CEO may disclose information.
Supported the amendment requiring the CEO to have relevant resources industry qualifications while expressing deep concern about ongoing safety breaches at mine sites and the lack of a full parliamentary inquiry into mine safety.
“It saddens me that we are not going down the path of having a full inquiry into mine safety in this state. I still believe that we need to get to the bottom of it. I still believe that it is warranted.”— 2020-03-17View Hansard