❓ A parliamentary question regarding the Mines Safety and Inspection Amendment Bill 2007, specifically concerning the appointment of exploration managers and the reviewability of decisions under the act. The Minister declines to withdraw proposed changes and clarifies the intent and scope of the amendments.
AnsweredQoN 986Legislative Council
QuestionView source ↗
MINES SAFETY AND INSPECTION AMENDMENT BILL 2007
I refer the minister to question without notice 679 regarding the Mines Safety and Inspection Amendment Bill 2007. (1) If the minister does not wish to prevent the appointment of a single exploration manager for the state by an exploration company, will the minister agree to withdraw the proposed changes to section 47 of the act that explicitly allow for such an arrangement? (2) If not, why not? (3) Will the minister provide a list of decisions, or some indication of the types of decisions, that could become reviewable decisions under regulations outlined in proposed new section 102AA? (4) Will the minister table any report or other documented evidence of the need to expand the range of reviewable decisions under the act; and, if not, why not? Hon SUE ELLERY
I refer the minister to question without notice 679 regarding the Mines Safety and Inspection Amendment Bill 2007. (1) If the minister does not wish to prevent the appointment of a single exploration manager for the state by an exploration company, will the minister agree to withdraw the proposed changes to section 47 of the act that explicitly allow for such an arrangement? (2) If not, why not? (3) Will the minister provide a list of decisions, or some indication of the types of decisions, that could become reviewable decisions under regulations outlined in proposed new section 102AA? (4) Will the minister table any report or other documented evidence of the need to expand the range of reviewable decisions under the act; and, if not, why not? Hon SUE ELLERY
AnswerView source ↗
I thank the member for some notice of this question. (1) The minister will not withdraw the proposed changes. (2) The proposed changes to section 47 of the act do not explicitly allow for the prevention of the appointment of a single exploration manager for the state. They seek to ensure that the exploration manager appointed in relation to exploration operations is treated as a manager in certain circumstances and, therefore, is subject to the provisions of the act. (3) Currently, there are no reviewable decisions under regulations. Proposed section 102AA provides the power to allow decisions by the State Mining Engineer under future regulations to be reviewed by the Occupational Safety and Health Tribunal. Indicative of the types of decisions are matters in relation to the election of safety and health representatives and matters in relation to consultative processes between employers and employees. (4) See the response to (3). The amendment will ensure that the power is available to provide natural justice.
(1) If the minister does not wish to prevent the appointment of a single exploration manager for the state by an exploration company, will the minister agree to withdraw the proposed changes to section 47 of the act that explicitly allow for such an arrangement? (2) If not, why not? (3) Will the minister provide a list of decisions, or some indication of the types of decisions, that could become reviewable decisions under regulations outlined in proposed new section 102AA? (4) Will the minister table any report or other documented evidence of the need to expand the range of reviewable decisions under the act; and, if not, why not? Hon SUE ELLERY replied: I thank the member for some notice of this question. (1) The minister will not withdraw the proposed changes. (2) The proposed changes to section 47 of the act do not explicitly allow for the prevention of the appointment of a single exploration manager for the state. They seek to ensure that the exploration manager appointed in relation to exploration operations is treated as a manager in certain circumstances and, therefore, is subject to the provisions of the act. (3) Currently, there are no reviewable decisions under regulations. Proposed section 102AA provides the power to allow decisions by the State Mining Engineer under future regulations to be reviewed by the Occupational Safety and Health Tribunal. Indicative of the types of decisions are matters in relation to the election of safety and health representatives and matters in relation to consultative processes between employers and employees. (4) See the response to (3). The amendment will ensure that the power is available to provide natural justice.
(2) If not, why not? (3) Will the minister provide a list of decisions, or some indication of the types of decisions, that could become reviewable decisions under regulations outlined in proposed new section 102AA? (4) Will the minister table any report or other documented evidence of the need to expand the range of reviewable decisions under the act; and, if not, why not? Hon SUE ELLERY replied: I thank the member for some notice of this question. (1) The minister will not withdraw the proposed changes. (2) The proposed changes to section 47 of the act do not explicitly allow for the prevention of the appointment of a single exploration manager for the state. They seek to ensure that the exploration manager appointed in relation to exploration operations is treated as a manager in certain circumstances and, therefore, is subject to the provisions of the act. (3) Currently, there are no reviewable decisions under regulations. Proposed section 102AA provides the power to allow decisions by the State Mining Engineer under future regulations to be reviewed by the Occupational Safety and Health Tribunal. Indicative of the types of decisions are matters in relation to the election of safety and health representatives and matters in relation to consultative processes between employers and employees. (4) See the response to (3). The amendment will ensure that the power is available to provide natural justice.
(3) Will the minister provide a list of decisions, or some indication of the types of decisions, that could become reviewable decisions under regulations outlined in proposed new section 102AA? (4) Will the minister table any report or other documented evidence of the need to expand the range of reviewable decisions under the act; and, if not, why not? Hon SUE ELLERY replied: I thank the member for some notice of this question. (1) The minister will not withdraw the proposed changes. (2) The proposed changes to section 47 of the act do not explicitly allow for the prevention of the appointment of a single exploration manager for the state. They seek to ensure that the exploration manager appointed in relation to exploration operations is treated as a manager in certain circumstances and, therefore, is subject to the provisions of the act. (3) Currently, there are no reviewable decisions under regulations. Proposed section 102AA provides the power to allow decisions by the State Mining Engineer under future regulations to be reviewed by the Occupational Safety and Health Tribunal. Indicative of the types of decisions are matters in relation to the election of safety and health representatives and matters in relation to consultative processes between employers and employees. (4) See the response to (3). The amendment will ensure that the power is available to provide natural justice.
(4) Will the minister table any report or other documented evidence of the need to expand the range of reviewable decisions under the act; and, if not, why not? Hon SUE ELLERY replied: I thank the member for some notice of this question. (1) The minister will not withdraw the proposed changes. (2) The proposed changes to section 47 of the act do not explicitly allow for the prevention of the appointment of a single exploration manager for the state. They seek to ensure that the exploration manager appointed in relation to exploration operations is treated as a manager in certain circumstances and, therefore, is subject to the provisions of the act. (3) Currently, there are no reviewable decisions under regulations. Proposed section 102AA provides the power to allow decisions by the State Mining Engineer under future regulations to be reviewed by the Occupational Safety and Health Tribunal. Indicative of the types of decisions are matters in relation to the election of safety and health representatives and matters in relation to consultative processes between employers and employees. (4) See the response to (3). The amendment will ensure that the power is available to provide natural justice.
Hon SUE ELLERY replied: I thank the member for some notice of this question. (1) The minister will not withdraw the proposed changes. (2) The proposed changes to section 47 of the act do not explicitly allow for the prevention of the appointment of a single exploration manager for the state. They seek to ensure that the exploration manager appointed in relation to exploration operations is treated as a manager in certain circumstances and, therefore, is subject to the provisions of the act. (3) Currently, there are no reviewable decisions under regulations. Proposed section 102AA provides the power to allow decisions by the State Mining Engineer under future regulations to be reviewed by the Occupational Safety and Health Tribunal. Indicative of the types of decisions are matters in relation to the election of safety and health representatives and matters in relation to consultative processes between employers and employees. (4) See the response to (3). The amendment will ensure that the power is available to provide natural justice.
I thank the member for some notice of this question. (1) The minister will not withdraw the proposed changes. (2) The proposed changes to section 47 of the act do not explicitly allow for the prevention of the appointment of a single exploration manager for the state. They seek to ensure that the exploration manager appointed in relation to exploration operations is treated as a manager in certain circumstances and, therefore, is subject to the provisions of the act. (3) Currently, there are no reviewable decisions under regulations. Proposed section 102AA provides the power to allow decisions by the State Mining Engineer under future regulations to be reviewed by the Occupational Safety and Health Tribunal. Indicative of the types of decisions are matters in relation to the election of safety and health representatives and matters in relation to consultative processes between employers and employees. (4) See the response to (3). The amendment will ensure that the power is available to provide natural justice.
(1) The minister will not withdraw the proposed changes. (2) The proposed changes to section 47 of the act do not explicitly allow for the prevention of the appointment of a single exploration manager for the state. They seek to ensure that the exploration manager appointed in relation to exploration operations is treated as a manager in certain circumstances and, therefore, is subject to the provisions of the act. (3) Currently, there are no reviewable decisions under regulations. Proposed section 102AA provides the power to allow decisions by the State Mining Engineer under future regulations to be reviewed by the Occupational Safety and Health Tribunal. Indicative of the types of decisions are matters in relation to the election of safety and health representatives and matters in relation to consultative processes between employers and employees. (4) See the response to (3). The amendment will ensure that the power is available to provide natural justice.
(2) The proposed changes to section 47 of the act do not explicitly allow for the prevention of the appointment of a single exploration manager for the state. They seek to ensure that the exploration manager appointed in relation to exploration operations is treated as a manager in certain circumstances and, therefore, is subject to the provisions of the act. (3) Currently, there are no reviewable decisions under regulations. Proposed section 102AA provides the power to allow decisions by the State Mining Engineer under future regulations to be reviewed by the Occupational Safety and Health Tribunal. Indicative of the types of decisions are matters in relation to the election of safety and health representatives and matters in relation to consultative processes between employers and employees. (4) See the response to (3). The amendment will ensure that the power is available to provide natural justice.
(3) Currently, there are no reviewable decisions under regulations. Proposed section 102AA provides the power to allow decisions by the State Mining Engineer under future regulations to be reviewed by the Occupational Safety and Health Tribunal. Indicative of the types of decisions are matters in relation to the election of safety and health representatives and matters in relation to consultative processes between employers and employees. (4) See the response to (3). The amendment will ensure that the power is available to provide natural justice.
(4) See the response to (3). The amendment will ensure that the power is available to provide natural justice.
(1) If the minister does not wish to prevent the appointment of a single exploration manager for the state by an exploration company, will the minister agree to withdraw the proposed changes to section 47 of the act that explicitly allow for such an arrangement? (2) If not, why not? (3) Will the minister provide a list of decisions, or some indication of the types of decisions, that could become reviewable decisions under regulations outlined in proposed new section 102AA? (4) Will the minister table any report or other documented evidence of the need to expand the range of reviewable decisions under the act; and, if not, why not? Hon SUE ELLERY replied: I thank the member for some notice of this question. (1) The minister will not withdraw the proposed changes. (2) The proposed changes to section 47 of the act do not explicitly allow for the prevention of the appointment of a single exploration manager for the state. They seek to ensure that the exploration manager appointed in relation to exploration operations is treated as a manager in certain circumstances and, therefore, is subject to the provisions of the act. (3) Currently, there are no reviewable decisions under regulations. Proposed section 102AA provides the power to allow decisions by the State Mining Engineer under future regulations to be reviewed by the Occupational Safety and Health Tribunal. Indicative of the types of decisions are matters in relation to the election of safety and health representatives and matters in relation to consultative processes between employers and employees. (4) See the response to (3). The amendment will ensure that the power is available to provide natural justice.
(2) If not, why not? (3) Will the minister provide a list of decisions, or some indication of the types of decisions, that could become reviewable decisions under regulations outlined in proposed new section 102AA? (4) Will the minister table any report or other documented evidence of the need to expand the range of reviewable decisions under the act; and, if not, why not? Hon SUE ELLERY replied: I thank the member for some notice of this question. (1) The minister will not withdraw the proposed changes. (2) The proposed changes to section 47 of the act do not explicitly allow for the prevention of the appointment of a single exploration manager for the state. They seek to ensure that the exploration manager appointed in relation to exploration operations is treated as a manager in certain circumstances and, therefore, is subject to the provisions of the act. (3) Currently, there are no reviewable decisions under regulations. Proposed section 102AA provides the power to allow decisions by the State Mining Engineer under future regulations to be reviewed by the Occupational Safety and Health Tribunal. Indicative of the types of decisions are matters in relation to the election of safety and health representatives and matters in relation to consultative processes between employers and employees. (4) See the response to (3). The amendment will ensure that the power is available to provide natural justice.
(3) Will the minister provide a list of decisions, or some indication of the types of decisions, that could become reviewable decisions under regulations outlined in proposed new section 102AA? (4) Will the minister table any report or other documented evidence of the need to expand the range of reviewable decisions under the act; and, if not, why not? Hon SUE ELLERY replied: I thank the member for some notice of this question. (1) The minister will not withdraw the proposed changes. (2) The proposed changes to section 47 of the act do not explicitly allow for the prevention of the appointment of a single exploration manager for the state. They seek to ensure that the exploration manager appointed in relation to exploration operations is treated as a manager in certain circumstances and, therefore, is subject to the provisions of the act. (3) Currently, there are no reviewable decisions under regulations. Proposed section 102AA provides the power to allow decisions by the State Mining Engineer under future regulations to be reviewed by the Occupational Safety and Health Tribunal. Indicative of the types of decisions are matters in relation to the election of safety and health representatives and matters in relation to consultative processes between employers and employees. (4) See the response to (3). The amendment will ensure that the power is available to provide natural justice.
(4) Will the minister table any report or other documented evidence of the need to expand the range of reviewable decisions under the act; and, if not, why not? Hon SUE ELLERY replied: I thank the member for some notice of this question. (1) The minister will not withdraw the proposed changes. (2) The proposed changes to section 47 of the act do not explicitly allow for the prevention of the appointment of a single exploration manager for the state. They seek to ensure that the exploration manager appointed in relation to exploration operations is treated as a manager in certain circumstances and, therefore, is subject to the provisions of the act. (3) Currently, there are no reviewable decisions under regulations. Proposed section 102AA provides the power to allow decisions by the State Mining Engineer under future regulations to be reviewed by the Occupational Safety and Health Tribunal. Indicative of the types of decisions are matters in relation to the election of safety and health representatives and matters in relation to consultative processes between employers and employees. (4) See the response to (3). The amendment will ensure that the power is available to provide natural justice.
Hon SUE ELLERY replied: I thank the member for some notice of this question. (1) The minister will not withdraw the proposed changes. (2) The proposed changes to section 47 of the act do not explicitly allow for the prevention of the appointment of a single exploration manager for the state. They seek to ensure that the exploration manager appointed in relation to exploration operations is treated as a manager in certain circumstances and, therefore, is subject to the provisions of the act. (3) Currently, there are no reviewable decisions under regulations. Proposed section 102AA provides the power to allow decisions by the State Mining Engineer under future regulations to be reviewed by the Occupational Safety and Health Tribunal. Indicative of the types of decisions are matters in relation to the election of safety and health representatives and matters in relation to consultative processes between employers and employees. (4) See the response to (3). The amendment will ensure that the power is available to provide natural justice.
I thank the member for some notice of this question. (1) The minister will not withdraw the proposed changes. (2) The proposed changes to section 47 of the act do not explicitly allow for the prevention of the appointment of a single exploration manager for the state. They seek to ensure that the exploration manager appointed in relation to exploration operations is treated as a manager in certain circumstances and, therefore, is subject to the provisions of the act. (3) Currently, there are no reviewable decisions under regulations. Proposed section 102AA provides the power to allow decisions by the State Mining Engineer under future regulations to be reviewed by the Occupational Safety and Health Tribunal. Indicative of the types of decisions are matters in relation to the election of safety and health representatives and matters in relation to consultative processes between employers and employees. (4) See the response to (3). The amendment will ensure that the power is available to provide natural justice.
(1) The minister will not withdraw the proposed changes. (2) The proposed changes to section 47 of the act do not explicitly allow for the prevention of the appointment of a single exploration manager for the state. They seek to ensure that the exploration manager appointed in relation to exploration operations is treated as a manager in certain circumstances and, therefore, is subject to the provisions of the act. (3) Currently, there are no reviewable decisions under regulations. Proposed section 102AA provides the power to allow decisions by the State Mining Engineer under future regulations to be reviewed by the Occupational Safety and Health Tribunal. Indicative of the types of decisions are matters in relation to the election of safety and health representatives and matters in relation to consultative processes between employers and employees. (4) See the response to (3). The amendment will ensure that the power is available to provide natural justice.
(2) The proposed changes to section 47 of the act do not explicitly allow for the prevention of the appointment of a single exploration manager for the state. They seek to ensure that the exploration manager appointed in relation to exploration operations is treated as a manager in certain circumstances and, therefore, is subject to the provisions of the act. (3) Currently, there are no reviewable decisions under regulations. Proposed section 102AA provides the power to allow decisions by the State Mining Engineer under future regulations to be reviewed by the Occupational Safety and Health Tribunal. Indicative of the types of decisions are matters in relation to the election of safety and health representatives and matters in relation to consultative processes between employers and employees. (4) See the response to (3). The amendment will ensure that the power is available to provide natural justice.
(3) Currently, there are no reviewable decisions under regulations. Proposed section 102AA provides the power to allow decisions by the State Mining Engineer under future regulations to be reviewed by the Occupational Safety and Health Tribunal. Indicative of the types of decisions are matters in relation to the election of safety and health representatives and matters in relation to consultative processes between employers and employees. (4) See the response to (3). The amendment will ensure that the power is available to provide natural justice.
(4) See the response to (3). The amendment will ensure that the power is available to provide natural justice.
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