{"id":"coal-industry-superannuation-act-1989","name":"Coal Industry Superannuation Act 1989","slug":"coal-industry-superannuation-act-1989","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30263,"registerId":"wa-coal-industry-superannuation-act-1989-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Coal Industry Superannuation Act 1989","content":"![Crest]()Western Australia\n\nCoal Industry Superannuation Act 1989\n\n- **Reprinted under the *Reprints Act 1984* as**\n- **at 1 April 2016**\n\n\nWestern Australia\n\nCoal Industry Superannuation Act 1989\n\nContents\n\nPart 1 — Preliminary\n\n1. Short title 2\n\n2. Commencement 2\n\n3. Terms used 2\n\n4. Mine worker 3\n\nPart 2 — Superannuation for mine workers\n\n7A. Superannuation rules 6\n\n7B. Designated fund 6\n\nPart 4 — Miscellaneous\n\n28. Employer’s powers and liabilities in respect of termination not affected 8\n\n29. Members’ rights to compensation not to be affected 8\n\n31. Regulations 8\n\n32. Review of Act 9\n\nNotes\n\nCompilation table 11\n\nDefined terms\n\n  \n\n- Crest **Reprinted under the *Reprints Act 1984* as**\n- **at 1 April 2016**\n\n\nWestern Australia\n\nCoal Industry Superannuation Act 1989\n\nAn Act relating to superannuation for persons involved in coal mining in Western Australia and for various other persons and for related purposes.\n\n[Long title inserted: No. 16 of 2006 s. 3.]\n\n## Part 1 — Preliminary\n\n##### 1. Short title\n\nThis Act may be cited as the *Coal Industry Superannuation Act 1989* 1.\n\n##### 2. Commencement\n\nThis Act shall come into operation on such day as is fixed by proclamation 1.\n\n##### 3. Terms used\n\n(1) In this Act, unless the contrary intention appears —\n\n  coal mine includes an open cut, a shaft in the course of being sunk, a tunnel, a level and inclined plane in the course of being driven, and a shaft, level, plane, working place, tramway and siding both below ground and above ground, in and adjacent to and belonging to a coal mine;\n\nemployer means a natural person, firm or body corporate that employs mine workers;\n\nmine worker has the meaning given in section 4;\n\n  open cut means a coal mine that is formed by an excavation in the ground and that has no overlying cover of earth;\n\nscheme means the superannuation scheme for mine workers constituted by this Act;\n\nscheme benefits means the superannuation and related benefits to be paid under superannuation rules;\n\n  scheme contributions means the contributions payable or paid under superannuation rules;\n\n  SIS Act means —\n\n(a) the *Superannuation Industry (Supervision) Act 1993* of the Commonwealth; and\n\n(b) any regulations or other instrument in force under that Act;\n\nsuccessor fund has the meaning given in *Superannuation Industry (Supervision) Regulations 1994* (Commonwealth) regulation 1.03(1);\n\n  superannuation fund means a regulated superannuation fund within the meaning of the SIS Act section 19;\n\nsuperannuation rules means rules made by regulations under section 7A(1).\n\n(2) The Governor may amend Schedule 1 by order published in the *Gazette*.\n\n[Section 3 amended: No. 45 of 1994 s. 4; No. 46 of 1995 s. 5; No. 19 of 2013 s. 4 and 17.]\n\n##### 4. Mine worker\n\n(1) Subject to this section, for the purposes of this Act, mine worker means —\n\n(a) a person who is employed in the coal mining industry of Western Australia in terms of an industrial instrument; or\n\n[(b) deleted]\n\n(c) a person who —\n\n(i) is an elected official of a registered organisation, the membership of which is principally confined to mine workers referred to in paragraph (a); and\n\n(ii) has actually been employed in a coal mine in Western Australia for a period of, or for periods aggregating not less than, 5 years;\n\nor\n\n(d) a person who is employed, whether by way of service agreement or by way of subcontract —\n\n(i) in or about an open cut by a contractor who contracts with an employer for the excavation or the removal of overburden or the winning of coal from the open cut; or\n\n(ii) in or about a coal mine by a contractor who contracts with an employer for the working of the coal mine or any part of the coal mine;\n\nor\n\n(e) a contractor who —\n\n(i) is principally engaged in the excavation or removal of overburden, or the winning of coal, from an open cut or the working of a coal mine, or any part of a coal mine, or transporting coal in or about a coal mine in accordance with a contract entered into with an employer; and\n\n(ii) uses not more than one vehicle at any one time for the purposes described in subparagraph (i); and\n\n(iii) does not employ any person in carrying out the contract,\n\nbut, subject to subsection (2), does not include —\n\n(f) a person who is a director of a company which is the owner of a coal mine; or\n\n(g) a superintendent or an instructor of any mine rescue corps or body.\n\n(2) The Governor may by regulations extend the definition of ***mine worker***.\n\n(3) In this section —\n\nindustrial instrument means any of the following —\n\n(a) an award, industrial agreement or order made under the *Industrial Relations Act 1979*;\n\n(b) an award, determination, enterprise agreement or order made under the *Fair Work Act 2009* (Commonwealth);\n\n(c) an award, determination or agreement given continuing effect under the *Fair Work (Transitional Provisions and Consequential Amendments) Act 2009* (Commonwealth);\n\n(d) an award, agreement, determination, order or similar instrument which is made under a law of the State or the Commonwealth dealing with workplace relations and which is prescribed for the purposes of this definition;\n\nregistered organisation means any of the following —\n\n(a) an association of employees, or an enterprise association, registered as an organisation under the *Fair Work (Registered Organisations) Act 2009* (Commonwealth);\n\n(b) an organisation of employees registered under the *Industrial Relations Act 1979*;\n\n(c) a like association or organisation which is registered under a law of the State or the Commonwealth dealing with workplace relations and which is prescribed for the purposes of this definition.\n\n[Section 4 amended: No. 62 of 1994 s. 109; No. 19 of 2013 s. 5; No. 33 of 2014 s. 20.]\n\n[**5.** Deleted: No. 16 of 2006 s. 4.]\n\n[**6.** Deleted: No. 46 of 1995 s. 6.]\n\n## Part 2 — Superannuation for mine workers\n\n[Heading inserted: No. 19 of 2013 s. 6.]\n\n##### 7A. Superannuation rules\n\n(1) The Governor may, by regulations, make rules to govern the scheme.\n\n(2) Rules made under subsection (1) are —\n\n(a) to provide for mine workers to become members of the scheme, for different categories of membership and for admission to, continuation of and cessation of membership; and\n\n(b) to require employers to participate in the scheme and to provide for admission to, continuation of and cessation of participation; and\n\n(c) to specify superannuation and related benefits to be paid to or in respect of members of the scheme; and\n\n(d) to provide for the protection, adjustment, reduction, forfeiture and application of the scheme benefits; and\n\n(e) to require members and employers to pay contributions towards the scheme benefits, and to specify the amount or rate of contributions to be paid by members and employers respectively, or procedures by which the amount or rate of such contributions is to be determined.\n\n(3) Rules made under subsection (1) may include any provision necessary or convenient for consistency with the SIS Act.\n\n[Section 7A inserted: No. 19 of 2013 s. 6.]\n\n##### 7B. Designated fund\n\n(1) The Governor may, by regulations —\n\n(a) designate a superannuation fund as the fund to which the scheme contributions are to be paid and through which the scheme benefits are to be provided; and\n\n(b) revoke a designation made under paragraph (a).\n\n(2) Regulations may not designate a superannuation fund under subsection (1)(a) unless the Minister is satisfied that —\n\n(a) the governing rules of the superannuation fund will, if the superannuation fund is designated, so far as the SIS Act permits —\n\n(i) entitle members and employers to participate in and pay scheme contributions to the superannuation fund; and\n\n(ii) require the trustee of the superannuation fund to provide the scheme benefits;\n\nand\n\n(b) the superannuation fund will, with respect to each member, be a successor fund in relation to a transfer of benefits from the superannuation fund through which, immediately before the designation, the scheme benefits are provided.\n\n(3) Regulations may not revoke the designation of a superannuation fund under subsection (1)(b) unless they also designate another superannuation fund under subsection (1)(a) with effect from the revocation.\n\n(4) Regulations made under subsection (1) may include any provision necessary or convenient for consistency with the SIS Act.\n\n[Section 7B inserted: No. 19 of 2013 s. 6.]\n\n[Part 3 (s. 7‑28A and 28B) deleted: No. 19 of 2013 s. 18.]\n\n## Part 4 — Miscellaneous\n\n##### 28. Employer’s powers and liabilities in respect of termination not affected\n\n(1) Nothing in this Act shall affect the rights of an employer in relation to the termination of employment of a member of the scheme and the fact of being a member of the scheme shall not be taken in any respect as implying a guarantee of continued employment by an employer.\n\n(2) Nothing in this Act and no right or expectation with respect to the accrual in the future of a benefit under the scheme shall affect the quantum of damages in any action brought by a member of the scheme against an employer on account of the termination of his employment.\n\n[Section 28 amended: No. 19 of 2013 s. 11.]\n\n##### 29. Members’ rights to compensation not to be affected\n\n(1) Nothing in this Act shall affect the rights of a member of the scheme in relation to any claim for damages or compensation that the member may have arising out of or with respect to his employment by an employer.\n\n(2) A benefit to which a member of the scheme or any other person is entitled under the scheme shall not be affected by any damages or compensation payable to or in respect of the member.\n\n[Section 29 amended: No. 19 of 2013 s. 12.]\n\n[**29A, 30.** Deleted: No. 19 of 2013 s. 19.]\n\n##### 31. Regulations\n\nThe Governor may make regulations prescribing all matters that are required or permitted by this Act to be prescribed or are necessary or convenient to be prescribed for giving effect to the purposes of this Act, and in particular may make regulations —\n\n[(a)‑(h) deleted]\n\n(i) prescribing the manner in which notices may be served under this Act;\n\n(j) prescribing or providing for the approval of forms for the purposes of this Act;\n\n(k) prescribing requirements as to information to be given in or in connection with applications, returns, claims, elections, and other documents delivered or made for the purposes of this Act, and the evidence to be supplied in support;\n\n(l) providing for any other matter necessary or convenient for consistency with the SIS Act.\n\n[Section 31 amended: No. 46 of 1995 s. 15; No. 16 of 2006 s. 11; No. 19 of 2013 s. 13 and 20.]\n\n##### 32. Review of Act\n\n(1) As soon as is reasonably practicable after the 3rd anniversary of the day on which the first regulations made under section 7B come into operation, the Treasurer is to carry out a review of the operation of this Act and, in the course of the review, is to consider and have regard to —\n\n(a) the requirement for employers to pay contributions towards the scheme benefits; and\n\n(b) such other matters as appear to the Treasurer to be relevant to the operation and effectiveness of this Act.\n\n(2) The Treasurer shall prepare a report based on the review of this Act and shall, as soon as practicable after the preparation thereof, cause the report to be laid before each House of Parliament.\n\n[Section 32 amended: No. 16 of 2006 s. 12; No. 19 of 2013 s. 16.]\n\n[Part 5 (s. 33-35) deleted: No. 19 of 2013 s. 8.]\n\n[Schedule 1 deleted: No. 19 of 2013 s. 14.]\n\n[Schedule 2 deleted: No. 19 of 2013 s. 21.]\n\n[Schedule 3 deleted: No. 19 of 2013 s. 9.]\n\n![dline]()\n\nNotes\n\n1 This is a compilation of the *Coal Industry Superannuation Act 1989* and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.\n\nCompilation table\n\n| **Short title** | **Number and year** | **Assent** | **Commencement** |\n| --- | --- | --- | --- |\n| *Coal Industry Superannuation Act 1989* | 28 of 1989 | 12 Dec 1989 | s. 1 and 2: 12 Dec 1989;   Act other than s. 1 and 2: 1 Jul 1990 (see s. 2 and *Gazette* 22 Jun 1990 p. 3027) |\n| *Acts Amendment (Public Sector Management) Act 1994* s. 19 | 32 of 1994 | 29 Jun 1994 | 1 Oct 1994 (see s. 2 and *Gazette* 30 Sep 1994 p. 4948) |\n| *Acts Amendment (Coal Mining Industry) Act 1994* Pt. 2 and s. 19 2 | 45 of 1994 | 22 Sep 1994 | Pt. 2: 22 Sep 1994 (see s. 2(1));   s. 19: 16 Nov 1994 (see s. 2(2) and *Gazette* 15 Nov 1994 p. 5801) |\n| *Mines Safety and Inspection Act 1994* s. 109 | 62 of 1994 | 7 Nov 1994 | 9 Dec 1995 (see s. 2 and *Gazette* 8 Dec 1995 p. 5935) |\n| *Coal Industry Superannuation Amendment Act 1995* 3 | 46 of 1995 | 1 Nov 1995 | s. 1 and 2: 1 Nov 1995;   Act other than s. 1 and 2: 15 May 1996 (see s. 2 and *Gazette* 14 May 1996 p. 2019) |\n| *Trustees Amendment Act 1997* s. 18 | 1 of 1997 | 6 May 1997 | 16 Jun 1997 (see s. 2 and *Gazette* 10 Jun 1997 p. 2661) |\n| *Coal Industry Superannuation Act Amendment Order 2000* published in *Gazette* 29 Sep 2000 p. 5535‑6 | | | 29 Sep 2000 |\n| **Reprint of the *Coal Industry Superannuation Act 1989* as at 8 Dec 2000** (includes amendments listed above) | | | |\n| *Coal Industry Superannuation Amendment Act 2006* | 16 of 2006 | 17 May 2006 | 14 Jun 2006 |\n| **Reprint 2: The *Coal Industry Superannuation Act 1989* as at 4 Aug 2006** (includes amendments listed above) | | | |\n| *Financial Legislation Amendment and Repeal Act 2006* Sch. 1 cl. 25 | 77 of 2006 | 21 Dec 2006 | 1 Feb 2007 (see s. 2 and *Gazette* 19 Jan 2007 p. 137) |\n| *Standardisation of Formatting Act 2010* s. 4 | 19 of 2010 | 28 Jun 2010 | 11 Sep 2010 (see s. 2(b) and *Gazette* 10 Sep 2010 p. 4341) |\n| *Coal Industry Superannuation Amendment Act 2013* | 19 of 2013 | 4 Nov 2013 | Pt. 1: 4 Nov 2013 (see s. 2(a));   Pt. 2: 5 Nov 2013 (see s. 2(b));   Pt. 3 and 4: 30 Jun 2014 (see s. 2(c) and *Gazette* 13 Jun 2014 p. 1859);   Pt. 5: 31 Oct 2014 (see s. 2(c) and *Gazette* 24 Oct 2014 p. 4119) |\n| *Mines Safety and Inspection Amendment Act 2014* Pt. 3 | 33 of 2014 | 3 Dec 2014 | 6 Jun 2015 (see s. 2(b) and *Gazette* 5 Jun 2015 p. 1971) |\n| **Reprint 3: The *Coal Industry Superannuation Act 1989* as at 1 Apr 2016** (includes amendments listed above) | | | |\n\n\n2 The *Acts Amendment (Coal Mining Industry) Act 1994* s. 8(2) is a transitional provision that is of no further effect.\n\n3 The *Coal Industry Superannuation Amendment Act 1995* s. 8(2) is a transitional provision that is of no further effect.\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\ncoal mine 3(1)\n\nemployer 3(1)\n\nindustrial instrument 4(3)\n\nmine worker 3(1), 4(1)\n\nopen cut 3(1)\n\nregistered organisation 4(3)\n\nscheme 3(1)\n\nscheme benefits 3(1)\n\nscheme contributions 3(1)\n\nSIS Act 3(1)\n\nsuccessor fund 3(1)\n\nsuperannuation fund 3(1)\n\nsuperannuation rules 3(1)\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Act has shifted from embedding detailed statutory scheme provisions to a framework that delegates most substantive matters to regulation. Amendments (particularly in 2013) deleted earlier Parts and Schedules and inserted provisions permitting the Governor to make detailed superannuation rules and to designate an external regulated fund (7A, 7B). This moves substantive policymaking and operational detail out of the principal Act and into subordinate instruments and alignment with the Commonwealth SIS Act. As a result, the current version broadens executive discretion and reliance on Commonwealth regulatory regimes while narrowing the statute’s own operational detail; employer contribution requirements and specific benefit rules are now determined by regulation rather than by the Act’s text (7A(2)(e); 7A(3); 7B)."},"complexity_factors":["Relies heavily on delegated legislation: substantive design of membership, contributions, benefits and fund designation left to regulations (sections 7A, 7B, 31).","Cross‑references to multiple external Commonwealth laws (SIS Act; Fair Work Act; Fair Work (Registered Organisations) Act) increasing compliance complexity (definitions in 3(1), 4(3), and 7A(3)).","Around 12 defined terms in the interpretation provisions shaping coverage and operation (see Defined terms list; sections 3 and 4).","Conditional approval process for designating a fund with multiple required satisfactions by the Minister (7B(2)) — layered conditions.","Specialised eligibility rules for “mine worker” with multiple subcategories and carve‑outs (section 4(1)(a),(c)–(e) and exclusions (f)–(g)).","Statutory protections and constraints (e.g. non‑revocation without replacement (7B(3)), protections for members’ compensation and employer termination rights (28–29)) add operational exceptions.","Historical deletions of earlier Parts and Schedules (numerous deletions noted) mean the Act’s current scope depends on many amendments and reprints, complicating historical interpretation."],"plain_english_summary":"The law creates a statutory superannuation scheme for coal industry workers in Western Australia and leaves membership, benefits and contribution rules to Governor-made regulations. Regulations may require member and employer contributions and can designate a Commonwealth-regulated fund to receive contributions and provide benefits. It primarily affects mine workers, their employers and trustees of designated funds. It matters because it secures retirement arrangements for coal workers, shifts costs and compliance to employers and trustees, and centralises operational detail in subordinate rules and ministerial decisions."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Unable to assess whether scope changed from original intent — no legislative text was accessible for analysis."},"complexity_factors":["No legislative text was retrievable — the page is unavailable","Cannot assess complexity without access to the actual provisions","Score of 1 reflects absence of content, not simplicity of the underlying law"],"plain_english_summary":"## Coal Industry Superannuation Act 1989 (WA)\n\n**The page for this legislation is no longer available online.**\n\nThe actual text of the *Coal Industry Superannuation Act 1989* (Western Australia) could not be retrieved — the link is broken and the page has been removed from the Western Australian legislation website.\n\n**What we can infer from the title:**\n- This is a Western Australian law from 1989 dealing with **superannuation** (retirement savings) for workers in the **coal industry**.\n- It likely established or regulated a specific superannuation fund for coal industry employees in WA.\n- Given the age of the legislation and the collapse of WA's coal industry presence, it may have been repealed, consolidated, or made redundant.\n\n**If this affects you:** Visit the [Parliamentary Counsel's Office](https://www.legislation.wa.gov.au) directly and search for this Act to find the current version or any successor legislation."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 1989 Act appears to have been a comprehensive superannuation scheme with detailed administration (evidenced by former Parts 3 and 5, and three Schedules since deleted). The 2013 amendments (No. 19 of 2013) gutted the Act, removing all detailed benefit provisions, trustee arrangements, and administrative machinery. It transformed from a detailed statutory superannuation scheme into a bare framework that delegates almost everything to regulations and relies on external superannuation funds. The scope shifted from establishing a specific government-managed scheme to enabling a regulated, portable industry scheme compliant with Commonwealth superannuation law."},"complexity_factors":["Heavy reliance on delegated legislation: Most operational details (contribution rates, benefit calculations, membership rules) are left to regulations rather than being in the Act itself","Nested definitions: 'Mine worker' definition in s.4 contains multiple paragraphs with sub-paragraphs, plus exclusions in subsection (1) and extension powers in subsection (2)","Federal law integration: Multiple references to Commonwealth legislation (SIS Act, Fair Work Act) requiring cross-jurisdictional knowledge","Deleted provisions: Significant structural changes evident from deletions (former Parts 3 and 5, Schedules 1-3, sections 5, 6, 29A, 30) indicating the Act has been heavily pruned, leaving potential interpretive gaps","Conditional logic in s.7B: Designation of superannuation funds requires satisfaction of multiple cumulative conditions (s.7B(2)) and mandatory sequencing for revocation (s.7B(3))","12 defined terms in the interpretation section (s.3), with additional defined terms embedded in s.4(3)"],"plain_english_summary":"This Western Australian law sets up a compulsory superannuation (retirement savings) scheme specifically for coal miners and certain related workers.\n\n**Who it covers:**\n- **Mine workers**: People employed in WA's coal mining industry under industrial awards or agreements, including certain contractors and subcontractors working in or around coal mines or open cuts.\n- **Union officials**: Elected officials of mining unions who have actually worked in a WA coal mine for at least 5 years total.\n- **Specific contractors**: Self-employed contractors using only one vehicle and employing no one else, who are removing overburden, winning coal, or transporting coal under contract.\n\n**Who it excludes:**\n- Company directors who own coal mines\n- Mine rescue superintendents or instructors\n\n**What it does:**\n- **Creates a framework**: The Act establishes a superannuation scheme but delegates the detailed rules to regulations made by the Governor (on the advice of the government).\n- **Mandatory participation**: Employers must participate in the scheme and pay contributions for eligible workers.\n- **Designated fund**: The government can designate which specific superannuation fund will receive contributions and pay benefits, provided it meets federal superannuation laws (the SIS Act). If changing funds, the new fund must be a \"successor fund\" (meaning members' benefits transfer across without loss).\n- **Protects existing rights**: Being in the scheme doesn't guarantee your job, and it doesn't reduce any compensation or damages you might claim for workplace injuries or unfair dismissal.\n\n**Why it matters:**\nCoal mining is physically demanding and hazardous. This Act ensures miners have retirement savings independent of their employer's financial health. The 2013 amendments significantly streamlined the Act, removing detailed administration provisions and instead relying on regulations and compliance with Commonwealth superannuation law."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/coal-industry-superannuation-act-1989","history":"/api/acts/coal-industry-superannuation-act-1989/history","analysis":"/api/acts/coal-industry-superannuation-act-1989/analysis","conflicts":"/api/acts/coal-industry-superannuation-act-1989/conflicts","importantCases":"/api/acts/coal-industry-superannuation-act-1989/important-cases","documents":"/api/acts/coal-industry-superannuation-act-1989/documents"}}