❓ Hon. Jon Ford asks about restrictions preventing the tabling of a Section 45 report related to BHP Billiton under the Mines Safety and Inspection Act 1994. Hon. Norman Moore cites Section 26 of the Act and legal advice as reasons for not tabling the report.
AnsweredQoN 965Legislative Council
QuestionView source ↗
BHP BILLITON — SECTION 45 REPORT
I refer the minister to question without notice 946 that I asked on Wednesday, 17 November 2010. What are the specific restrictions—either sections or regulations—within the powers of the Mines Safety and Inspection Act 1994 that prevent the minister from tabling a section 45 report? Hon NORMAN MOORE
I refer the minister to question without notice 946 that I asked on Wednesday, 17 November 2010. What are the specific restrictions—either sections or regulations—within the powers of the Mines Safety and Inspection Act 1994 that prevent the minister from tabling a section 45 report? Hon NORMAN MOORE
AnswerView source ↗
I thank the member for some notice of this question. Section 26 of the Mines Safety and Inspection Act 1994 states that a person who is or was formerly an inspector, an assistant inspector or a person assisting such an inspector, must not disclose to any person a report prepared by an inspector or assistant inspector, including information in the report supplied under the act from an employer or other person concerning an accident at a mine that either resulted in death or injury to any person or had the potential to cause fatal or serious disabling injury to any person, unless the disclosure is made under or in connection with the administration of this act, to a court in accordance with a subpoena issued by the court, or in accordance with a requirement of some other act. In 2004 the State Mining Engineer sought the State Solicitor’s opinion in regard to the release of a section 45 report by the then minister. After considering this opinion, the State Mining Engineer formed the view that — (a) it is likely that the minister is under the same limitations as to the use of such reports outside of Parliament as the State Mining Engineer; and (b) the tabling of a section 45 report by the minister in Parliament would be subject to parliamentary privilege but in contravention of parliamentary practice. Ministers have generally resisted the tabling of reports that might form part of the evidence to be used in a pending or contemplated prosecution.
Hon NORMAN MOORE replied: I thank the member for some notice of this question. Section 26 of the Mines Safety and Inspection Act 1994 states that a person who is or was formerly an inspector, an assistant inspector or a person assisting such an inspector, must not disclose to any person a report prepared by an inspector or assistant inspector, including information in the report supplied under the act from an employer or other person concerning an accident at a mine that either resulted in death or injury to any person or had the potential to cause fatal or serious disabling injury to any person, unless the disclosure is made under or in connection with the administration of this act, to a court in accordance with a subpoena issued by the court, or in accordance with a requirement of some other act. In 2004 the State Mining Engineer sought the State Solicitor’s opinion in regard to the release of a section 45 report by the then minister. After considering this opinion, the State Mining Engineer formed the view that — (a) it is likely that the minister is under the same limitations as to the use of such reports outside of Parliament as the State Mining Engineer; and (b) the tabling of a section 45 report by the minister in Parliament would be subject to parliamentary privilege but in contravention of parliamentary practice. Ministers have generally resisted the tabling of reports that might form part of the evidence to be used in a pending or contemplated prosecution.
I thank the member for some notice of this question. Section 26 of the Mines Safety and Inspection Act 1994 states that a person who is or was formerly an inspector, an assistant inspector or a person assisting such an inspector, must not disclose to any person a report prepared by an inspector or assistant inspector, including information in the report supplied under the act from an employer or other person concerning an accident at a mine that either resulted in death or injury to any person or had the potential to cause fatal or serious disabling injury to any person, unless the disclosure is made under or in connection with the administration of this act, to a court in accordance with a subpoena issued by the court, or in accordance with a requirement of some other act. In 2004 the State Mining Engineer sought the State Solicitor’s opinion in regard to the release of a section 45 report by the then minister. After considering this opinion, the State Mining Engineer formed the view that — (a) it is likely that the minister is under the same limitations as to the use of such reports outside of Parliament as the State Mining Engineer; and (b) the tabling of a section 45 report by the minister in Parliament would be subject to parliamentary privilege but in contravention of parliamentary practice. Ministers have generally resisted the tabling of reports that might form part of the evidence to be used in a pending or contemplated prosecution.
Section 26 of the Mines Safety and Inspection Act 1994 states that a person who is or was formerly an inspector, an assistant inspector or a person assisting such an inspector, must not disclose to any person a report prepared by an inspector or assistant inspector, including information in the report supplied under the act from an employer or other person concerning an accident at a mine that either resulted in death or injury to any person or had the potential to cause fatal or serious disabling injury to any person, unless the disclosure is made under or in connection with the administration of this act, to a court in accordance with a subpoena issued by the court, or in accordance with a requirement of some other act. In 2004 the State Mining Engineer sought the State Solicitor’s opinion in regard to the release of a section 45 report by the then minister. After considering this opinion, the State Mining Engineer formed the view that — (a) it is likely that the minister is under the same limitations as to the use of such reports outside of Parliament as the State Mining Engineer; and (b) the tabling of a section 45 report by the minister in Parliament would be subject to parliamentary privilege but in contravention of parliamentary practice. Ministers have generally resisted the tabling of reports that might form part of the evidence to be used in a pending or contemplated prosecution.
In 2004 the State Mining Engineer sought the State Solicitor’s opinion in regard to the release of a section 45 report by the then minister. After considering this opinion, the State Mining Engineer formed the view that — (a) it is likely that the minister is under the same limitations as to the use of such reports outside of Parliament as the State Mining Engineer; and (b) the tabling of a section 45 report by the minister in Parliament would be subject to parliamentary privilege but in contravention of parliamentary practice. Ministers have generally resisted the tabling of reports that might form part of the evidence to be used in a pending or contemplated prosecution.
(a) it is likely that the minister is under the same limitations as to the use of such reports outside of Parliament as the State Mining Engineer; and (b) the tabling of a section 45 report by the minister in Parliament would be subject to parliamentary privilege but in contravention of parliamentary practice. Ministers have generally resisted the tabling of reports that might form part of the evidence to be used in a pending or contemplated prosecution.
(b) the tabling of a section 45 report by the minister in Parliament would be subject to parliamentary privilege but in contravention of parliamentary practice. Ministers have generally resisted the tabling of reports that might form part of the evidence to be used in a pending or contemplated prosecution.
Hon NORMAN MOORE replied: I thank the member for some notice of this question. Section 26 of the Mines Safety and Inspection Act 1994 states that a person who is or was formerly an inspector, an assistant inspector or a person assisting such an inspector, must not disclose to any person a report prepared by an inspector or assistant inspector, including information in the report supplied under the act from an employer or other person concerning an accident at a mine that either resulted in death or injury to any person or had the potential to cause fatal or serious disabling injury to any person, unless the disclosure is made under or in connection with the administration of this act, to a court in accordance with a subpoena issued by the court, or in accordance with a requirement of some other act. In 2004 the State Mining Engineer sought the State Solicitor’s opinion in regard to the release of a section 45 report by the then minister. After considering this opinion, the State Mining Engineer formed the view that — (a) it is likely that the minister is under the same limitations as to the use of such reports outside of Parliament as the State Mining Engineer; and (b) the tabling of a section 45 report by the minister in Parliament would be subject to parliamentary privilege but in contravention of parliamentary practice. Ministers have generally resisted the tabling of reports that might form part of the evidence to be used in a pending or contemplated prosecution.
I thank the member for some notice of this question. Section 26 of the Mines Safety and Inspection Act 1994 states that a person who is or was formerly an inspector, an assistant inspector or a person assisting such an inspector, must not disclose to any person a report prepared by an inspector or assistant inspector, including information in the report supplied under the act from an employer or other person concerning an accident at a mine that either resulted in death or injury to any person or had the potential to cause fatal or serious disabling injury to any person, unless the disclosure is made under or in connection with the administration of this act, to a court in accordance with a subpoena issued by the court, or in accordance with a requirement of some other act. In 2004 the State Mining Engineer sought the State Solicitor’s opinion in regard to the release of a section 45 report by the then minister. After considering this opinion, the State Mining Engineer formed the view that — (a) it is likely that the minister is under the same limitations as to the use of such reports outside of Parliament as the State Mining Engineer; and (b) the tabling of a section 45 report by the minister in Parliament would be subject to parliamentary privilege but in contravention of parliamentary practice. Ministers have generally resisted the tabling of reports that might form part of the evidence to be used in a pending or contemplated prosecution.
Section 26 of the Mines Safety and Inspection Act 1994 states that a person who is or was formerly an inspector, an assistant inspector or a person assisting such an inspector, must not disclose to any person a report prepared by an inspector or assistant inspector, including information in the report supplied under the act from an employer or other person concerning an accident at a mine that either resulted in death or injury to any person or had the potential to cause fatal or serious disabling injury to any person, unless the disclosure is made under or in connection with the administration of this act, to a court in accordance with a subpoena issued by the court, or in accordance with a requirement of some other act. In 2004 the State Mining Engineer sought the State Solicitor’s opinion in regard to the release of a section 45 report by the then minister. After considering this opinion, the State Mining Engineer formed the view that — (a) it is likely that the minister is under the same limitations as to the use of such reports outside of Parliament as the State Mining Engineer; and (b) the tabling of a section 45 report by the minister in Parliament would be subject to parliamentary privilege but in contravention of parliamentary practice. Ministers have generally resisted the tabling of reports that might form part of the evidence to be used in a pending or contemplated prosecution.
In 2004 the State Mining Engineer sought the State Solicitor’s opinion in regard to the release of a section 45 report by the then minister. After considering this opinion, the State Mining Engineer formed the view that — (a) it is likely that the minister is under the same limitations as to the use of such reports outside of Parliament as the State Mining Engineer; and (b) the tabling of a section 45 report by the minister in Parliament would be subject to parliamentary privilege but in contravention of parliamentary practice. Ministers have generally resisted the tabling of reports that might form part of the evidence to be used in a pending or contemplated prosecution.
(a) it is likely that the minister is under the same limitations as to the use of such reports outside of Parliament as the State Mining Engineer; and (b) the tabling of a section 45 report by the minister in Parliament would be subject to parliamentary privilege but in contravention of parliamentary practice. Ministers have generally resisted the tabling of reports that might form part of the evidence to be used in a pending or contemplated prosecution.
(b) the tabling of a section 45 report by the minister in Parliament would be subject to parliamentary privilege but in contravention of parliamentary practice. Ministers have generally resisted the tabling of reports that might form part of the evidence to be used in a pending or contemplated prosecution.
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