❓ A parliamentary question addresses a loophole in the Mining Act that prevented prosecution after a mine fatality, seeking action to close the loophole, investigate the incident, and disseminate lessons learned to prevent future tragedies. The Minister acknowledges the issue and commits to legislative action.
AnsweredQoN 7Legislative Council
QuestionView source ↗
Given that the Christie family has been advised that any proposed prosecution resulting from the death of Mr Andrew Christie at the Junction gold mine on 19 June 1998 would not succeed because of a loophole in the Mining Act - (1) Will the minister advise what he proposes to do about the loophole? (2) What action does he intend to take so that an investigation can take place? (3) If an investigation by the Department of Minerals and Energy has taken place, what are the results of the investigation? (4) What strategy or other measures are to be put in place in order that any lessons learnt from the tragedy become public knowledge and help prevent a similar tragedy? Hon N.F. MOORE
AnswerView source ↗
(1)-(4) Members may be aware that, as a result of a fatality in a mine, the Department of Minerals and Energy decided to seek to prosecute the company involved. Strong advice from the Crown Law Department was that it would not be successful because of a “loophole” in the legislation. I am having discussions with the Department of Minerals and Energy with a view to legislating to close the loophole. The problem relates to the definition of mine manager. It needs to be clarified. I am not aware of any further action that can be taken in respect of the issue raised by the member, but I will certainly follow it up as far as I can and provide an answer as soon as I can.
(1) Will the minister advise what he proposes to do about the loophole? (2) What action does he intend to take so that an investigation can take place? (3) If an investigation by the Department of Minerals and Energy has taken place, what are the results of the investigation? (4) What strategy or other measures are to be put in place in order that any lessons learnt from the tragedy become public knowledge and help prevent a similar tragedy? Hon N.F. MOORE replied: (1)-(4) Members may be aware that, as a result of a fatality in a mine, the Department of Minerals and Energy decided to seek to prosecute the company involved. Strong advice from the Crown Law Department was that it would not be successful because of a “loophole” in the legislation. I am having discussions with the Department of Minerals and Energy with a view to legislating to close the loophole. The problem relates to the definition of mine manager. It needs to be clarified. I am not aware of any further action that can be taken in respect of the issue raised by the member, but I will certainly follow it up as far as I can and provide an answer as soon as I can.
(2) What action does he intend to take so that an investigation can take place? (3) If an investigation by the Department of Minerals and Energy has taken place, what are the results of the investigation? (4) What strategy or other measures are to be put in place in order that any lessons learnt from the tragedy become public knowledge and help prevent a similar tragedy? Hon N.F. MOORE replied: (1)-(4) Members may be aware that, as a result of a fatality in a mine, the Department of Minerals and Energy decided to seek to prosecute the company involved. Strong advice from the Crown Law Department was that it would not be successful because of a “loophole” in the legislation. I am having discussions with the Department of Minerals and Energy with a view to legislating to close the loophole. The problem relates to the definition of mine manager. It needs to be clarified. I am not aware of any further action that can be taken in respect of the issue raised by the member, but I will certainly follow it up as far as I can and provide an answer as soon as I can.
(3) If an investigation by the Department of Minerals and Energy has taken place, what are the results of the investigation? (4) What strategy or other measures are to be put in place in order that any lessons learnt from the tragedy become public knowledge and help prevent a similar tragedy? Hon N.F. MOORE replied: (1)-(4) Members may be aware that, as a result of a fatality in a mine, the Department of Minerals and Energy decided to seek to prosecute the company involved. Strong advice from the Crown Law Department was that it would not be successful because of a “loophole” in the legislation. I am having discussions with the Department of Minerals and Energy with a view to legislating to close the loophole. The problem relates to the definition of mine manager. It needs to be clarified. I am not aware of any further action that can be taken in respect of the issue raised by the member, but I will certainly follow it up as far as I can and provide an answer as soon as I can.
(4) What strategy or other measures are to be put in place in order that any lessons learnt from the tragedy become public knowledge and help prevent a similar tragedy? Hon N.F. MOORE replied: (1)-(4) Members may be aware that, as a result of a fatality in a mine, the Department of Minerals and Energy decided to seek to prosecute the company involved. Strong advice from the Crown Law Department was that it would not be successful because of a “loophole” in the legislation. I am having discussions with the Department of Minerals and Energy with a view to legislating to close the loophole. The problem relates to the definition of mine manager. It needs to be clarified. I am not aware of any further action that can be taken in respect of the issue raised by the member, but I will certainly follow it up as far as I can and provide an answer as soon as I can.
Hon N.F. MOORE replied: (1)-(4) Members may be aware that, as a result of a fatality in a mine, the Department of Minerals and Energy decided to seek to prosecute the company involved. Strong advice from the Crown Law Department was that it would not be successful because of a “loophole” in the legislation. I am having discussions with the Department of Minerals and Energy with a view to legislating to close the loophole. The problem relates to the definition of mine manager. It needs to be clarified. I am not aware of any further action that can be taken in respect of the issue raised by the member, but I will certainly follow it up as far as I can and provide an answer as soon as I can.
(1)-(4) Members may be aware that, as a result of a fatality in a mine, the Department of Minerals and Energy decided to seek to prosecute the company involved. Strong advice from the Crown Law Department was that it would not be successful because of a “loophole” in the legislation. I am having discussions with the Department of Minerals and Energy with a view to legislating to close the loophole. The problem relates to the definition of mine manager. It needs to be clarified. I am not aware of any further action that can be taken in respect of the issue raised by the member, but I will certainly follow it up as far as I can and provide an answer as soon as I can.
(1) Will the minister advise what he proposes to do about the loophole? (2) What action does he intend to take so that an investigation can take place? (3) If an investigation by the Department of Minerals and Energy has taken place, what are the results of the investigation? (4) What strategy or other measures are to be put in place in order that any lessons learnt from the tragedy become public knowledge and help prevent a similar tragedy? Hon N.F. MOORE replied: (1)-(4) Members may be aware that, as a result of a fatality in a mine, the Department of Minerals and Energy decided to seek to prosecute the company involved. Strong advice from the Crown Law Department was that it would not be successful because of a “loophole” in the legislation. I am having discussions with the Department of Minerals and Energy with a view to legislating to close the loophole. The problem relates to the definition of mine manager. It needs to be clarified. I am not aware of any further action that can be taken in respect of the issue raised by the member, but I will certainly follow it up as far as I can and provide an answer as soon as I can.
(2) What action does he intend to take so that an investigation can take place? (3) If an investigation by the Department of Minerals and Energy has taken place, what are the results of the investigation? (4) What strategy or other measures are to be put in place in order that any lessons learnt from the tragedy become public knowledge and help prevent a similar tragedy? Hon N.F. MOORE replied: (1)-(4) Members may be aware that, as a result of a fatality in a mine, the Department of Minerals and Energy decided to seek to prosecute the company involved. Strong advice from the Crown Law Department was that it would not be successful because of a “loophole” in the legislation. I am having discussions with the Department of Minerals and Energy with a view to legislating to close the loophole. The problem relates to the definition of mine manager. It needs to be clarified. I am not aware of any further action that can be taken in respect of the issue raised by the member, but I will certainly follow it up as far as I can and provide an answer as soon as I can.
(3) If an investigation by the Department of Minerals and Energy has taken place, what are the results of the investigation? (4) What strategy or other measures are to be put in place in order that any lessons learnt from the tragedy become public knowledge and help prevent a similar tragedy? Hon N.F. MOORE replied: (1)-(4) Members may be aware that, as a result of a fatality in a mine, the Department of Minerals and Energy decided to seek to prosecute the company involved. Strong advice from the Crown Law Department was that it would not be successful because of a “loophole” in the legislation. I am having discussions with the Department of Minerals and Energy with a view to legislating to close the loophole. The problem relates to the definition of mine manager. It needs to be clarified. I am not aware of any further action that can be taken in respect of the issue raised by the member, but I will certainly follow it up as far as I can and provide an answer as soon as I can.
(4) What strategy or other measures are to be put in place in order that any lessons learnt from the tragedy become public knowledge and help prevent a similar tragedy? Hon N.F. MOORE replied: (1)-(4) Members may be aware that, as a result of a fatality in a mine, the Department of Minerals and Energy decided to seek to prosecute the company involved. Strong advice from the Crown Law Department was that it would not be successful because of a “loophole” in the legislation. I am having discussions with the Department of Minerals and Energy with a view to legislating to close the loophole. The problem relates to the definition of mine manager. It needs to be clarified. I am not aware of any further action that can be taken in respect of the issue raised by the member, but I will certainly follow it up as far as I can and provide an answer as soon as I can.
Hon N.F. MOORE replied: (1)-(4) Members may be aware that, as a result of a fatality in a mine, the Department of Minerals and Energy decided to seek to prosecute the company involved. Strong advice from the Crown Law Department was that it would not be successful because of a “loophole” in the legislation. I am having discussions with the Department of Minerals and Energy with a view to legislating to close the loophole. The problem relates to the definition of mine manager. It needs to be clarified. I am not aware of any further action that can be taken in respect of the issue raised by the member, but I will certainly follow it up as far as I can and provide an answer as soon as I can.
(1)-(4) Members may be aware that, as a result of a fatality in a mine, the Department of Minerals and Energy decided to seek to prosecute the company involved. Strong advice from the Crown Law Department was that it would not be successful because of a “loophole” in the legislation. I am having discussions with the Department of Minerals and Energy with a view to legislating to close the loophole. The problem relates to the definition of mine manager. It needs to be clarified. I am not aware of any further action that can be taken in respect of the issue raised by the member, but I will certainly follow it up as far as I can and provide an answer as soon as I can.
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