sec.198Notice of accidents, deaths or incidents

### sec.198 Notice of accidents, deaths or incidents If the site senior executive for a coal mine becomes aware of a serious accident or death at the coal mine, the site senior executive must as soon as possible after becoming aware— orally notify an inspector— about the accident or death; and about the required information for the notification, to the extent the information is known to the site senior executive; and orally notify an industry safety and health representative— about the accident or death; and about the required information for the notification, to the extent the information is known to the site senior executive. Maximum penalty—100 penalty units. Also, if the site senior executive for a coal mine becomes aware of a high potential incident at the coal mine, the site senior executive must as soon as possible after becoming aware orally notify an industry safety and health representative— about the incident; and about the required information for the notification, to the extent the information is known to the site senior executive. Maximum penalty—100 penalty units. Further, if the site senior executive for a coal mine becomes aware of a serious accident, death or high potential incident at the coal mine, the site senior executive must as soon as practicable after becoming aware— notify an inspector about the accident, death or incident by notice in the approved form; and notify an industry safety and health representative about the accident, death or incident by notice. Maximum penalty—100 penalty units. The approved form mentioned in subsection (3) (a) must make provision for particular information to be provided about the accident, death or incident. The notice mentioned in subsection (3) (b) must include the following information about the accident, death or incident— the precise location where the accident, death or incident happened; when the accident, death or incident happened; the number of persons involved in the accident, death or incident; if the notification is about a death, whether or not caused by an accident—the name of the person who died; if the notification is about a serious accident or high potential incident— the name of any person who saw the accident or incident, or who was present when the accident or incident happened; and the name of any person who was injured as a result of the accident or incident; if no one was present when a person mentioned in paragraph (d) died or a person mentioned in paragraph (e) (ii) was injured—the name of the person who found the deceased or injured person; a brief description of how the accident, death or incident happened. ‘A light vehicle fell into the pit after the light vehicle collided with a truck on a ramp leading into the pit.’ ‘A worker fell from the top of a storage bin into the wash plant.’ If the site senior executive does not know the required information at the time the site senior executive is required to notify a person under subsection (3) the site senior executive must— take all reasonable steps to find out the required information as soon as possible; and as soon as possible after the required information becomes known to the site senior executive, give the required information to the person. Maximum penalty—100 penalty units. For a proceeding under subsection (1) , (2) , (3) or (6) , it is not a defence that the giving of the required information might tend to incriminate the site senior executive. The required information is not admissible in evidence against the site senior executive in a criminal proceeding. Subsection (8) does not prevent the required information being admitted in evidence in a criminal proceeding about the falsity or misleading nature of the required information. In this section— required information means— in relation to a notification required to be given to an inspector—the information required by the approved form mentioned in subsection (3) (a) ; or in relation to a notification required to be given to an industry safety and health representative—the information required under subsection (5) in the notice mentioned in subsection (3) (b) . s 198 amd 2002 No. 25 s 14 ; 2007 No. 46 s 33 ; 2008 No. 33 s 46 ; 2018 No. 28 s 35 sub 2024 No. 34 s 75 (sec.198-ssec.1) If the site senior executive for a coal mine becomes aware of a serious accident or death at the coal mine, the site senior executive must as soon as possible after becoming aware— orally notify an inspector— about the accident or death; and about the required information for the notification, to the extent the information is known to the site senior executive; and orally notify an industry safety and health representative— about the accident or death; and about the required information for the notification, to the extent the information is known to the site senior executive. Maximum penalty—100 penalty units. (sec.198-ssec.2) Also, if the site senior executive for a coal mine becomes aware of a high potential incident at the coal mine, the site senior executive must as soon as possible after becoming aware orally notify an industry safety and health representative— about the incident; and about the required information for the notification, to the extent the information is known to the site senior executive. Maximum penalty—100 penalty units. (sec.198-ssec.3) Further, if the site senior executive for a coal mine becomes aware of a serious accident, death or high potential incident at the coal mine, the site senior executive must as soon as practicable after becoming aware— notify an inspector about the accident, death or incident by notice in the approved form; and notify an industry safety and health representative about the accident, death or incident by notice. Maximum penalty—100 penalty units. (sec.198-ssec.4) The approved form mentioned in subsection (3) (a) must make provision for particular information to be provided about the accident, death or incident. (sec.198-ssec.5) The notice mentioned in subsection (3) (b) must include the following information about the accident, death or incident— the precise location where the accident, death or incident happened; when the accident, death or incident happened; the number of persons involved in the accident, death or incident; if the notification is about a death, whether or not caused by an accident—the name of the person who died; if the notification is about a serious accident or high potential incident— the name of any person who saw the accident or incident, or who was present when the accident or incident happened; and the name of any person who was injured as a result of the accident or incident; if no one was present when a person mentioned in paragraph (d) died or a person mentioned in paragraph (e) (ii) was injured—the name of the person who found the deceased or injured person; a brief description of how the accident, death or incident happened. ‘A light vehicle fell into the pit after the light vehicle collided with a truck on a ramp leading into the pit.’ ‘A worker fell from the top of a storage bin into the wash plant.’ (sec.198-ssec.6) If the site senior executive does not know the required information at the time the site senior executive is required to notify a person under subsection (3) the site senior executive must— take all reasonable steps to find out the required information as soon as possible; and as soon as possible after the required information becomes known to the site senior executive, give the required information to the person. Maximum penalty—100 penalty units. (sec.198-ssec.7) For a proceeding under subsection (1) , (2) , (3) or (6) , it is not a defence that the giving of the required information might tend to incriminate the site senior executive. (sec.198-ssec.8) The required information is not admissible in evidence against the site senior executive in a criminal proceeding. (sec.198-ssec.9) Subsection (8) does not prevent the required information being admitted in evidence in a criminal proceeding about the falsity or misleading nature of the required information. (sec.198-ssec.10) In this section— required information means— in relation to a notification required to be given to an inspector—the information required by the approved form mentioned in subsection (3) (a) ; or in relation to a notification required to be given to an industry safety and health representative—the information required under subsection (5) in the notice mentioned in subsection (3) (b) . - (a) orally notify an inspector— (i) about the accident or death; and (ii) about the required information for the notification, to the extent the information is known to the site senior executive; and - (i) about the accident or death; and - (ii) about the required information for the notification, to the extent the information is known to the site senior executive; and - (b) orally notify an industry safety and health representative— (i) about the accident or death; and (ii) about the required information for the notification, to the extent the information is known to the site senior executive. - (i) about the accident or death; and - (ii) about the required information for the notification, to the extent the information is known to the site senior executive. - (i) about the accident or death; and - (ii) about the required information for the notification, to the extent the information is known to the site senior executive; and - (i) about the accident or death; and - (ii) about the required information for the notification, to the extent the information is known to the site senior executive. - (a) about the incident; and - (b) about the required information for the notification, to the extent the information is known to the site senior executive. - (a) notify an inspector about the accident, death or incident by notice in the approved form; and - (b) notify an industry safety and health representative about the accident, death or incident by notice. - (a) the precise location where the accident, death or incident happened; - (b) when the accident, death or incident happened; - (c) the number of persons involved in the accident, death or incident; - (d) if the notification is about a death, whether or not caused by an accident—the name of the person who died; - (e) if the notification is about a serious accident or high potential incident— (i) the name of any person who saw the accident or incident, or who was present when the accident or incident happened; and (ii) the name of any person who was injured as a result of the accident or incident; - (i) the name of any person who saw the accident or incident, or who was present when the accident or incident happened; and - (ii) the name of any person who was injured as a result of the accident or incident; - (f) if no one was present when a person mentioned in paragraph (d) died or a person mentioned in paragraph (e) (ii) was injured—the name of the person who found the deceased or injured person; - (g) a brief description of how the accident, death or incident happened. Examples of types of descriptions that may be given under paragraph (g) — • ‘A light vehicle fell into the pit after the light vehicle collided with a truck on a ramp leading into the pit.’ • ‘A worker fell from the top of a storage bin into the wash plant.’ - • ‘A light vehicle fell into the pit after the light vehicle collided with a truck on a ramp leading into the pit.’ - • ‘A worker fell from the top of a storage bin into the wash plant.’ - (i) the name of any person who saw the accident or incident, or who was present when the accident or incident happened; and - (ii) the name of any person who was injured as a result of the accident or incident; - • ‘A light vehicle fell into the pit after the light vehicle collided with a truck on a ramp leading into the pit.’ - • ‘A worker fell from the top of a storage bin into the wash plant.’ - (a) take all reasonable steps to find out the required information as soon as possible; and - (b) as soon as possible after the required information becomes known to the site senior executive, give the required information to the person. - (a) in relation to a notification required to be given to an inspector—the information required by the approved form mentioned in subsection (3) (a) ; or - (b) in relation to a notification required to be given to an industry safety and health representative—the information required under subsection (5) in the notice mentioned in subsection (3) (b) .