Hon Robin Chapple asks about the confidentiality of complainants' names under the Mining Act and Mines Safety and Inspection Act. The Minister clarifies the legal requirements and departmental practices regarding disclosure.

AnsweredQoN 261Legislative Council
Asked
27 September 2001
Portfolio
State Development

QuestionView source ↗

(1) Can the Minister advise whether complainants names under the
Mining Act
and the
Mines Safety and Inspection Act
are kept private and confidential and are not disclosed to the alleged offenders?
(2) If not, why not?
(3) Can the Minister advise whether the Department formerly known as the Department of Minerals and Energy have a policy on keeping peoples names private and confidential in regards to complaints made under the
Mining Act
without being disclosed to the alleged offender?
(4) If not, why not?
(5) If so, will the Minister table a copy?

AnswerView source ↗

Answered
20 February 2002
Responded by
Parliamentary Secretary representing the Minister for State Development
Response time
146 days
(1-5) Section 24 of the Mines Safety and Inspection Act 1994 requires that a complainant's name not be disclosed. Whilst the Mining Act 1978 does not contain a similar section it is the Department's usual practice to not disclose a complainant's identity to an alleged offender. Exceptions to this occur where it would not be possible to properly investigate a complaint without revealing the complainant's identity.
Whilst the Mining Act 1978 does not contain a similar section it is the Department's usual practice to not disclose a complainant's identity to an alleged offender. Exceptions to this occur where it would not be possible to properly investigate a complaint without revealing the complainant's identity.

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