44Arrangements with other public authorities regarding certain investigable incidents

#### 44 Arrangements with other public authorities regarding certain investigable incidents 44 Arrangements with other public authorities regarding certain investigable incidents > > (1) The Secretary, SafeWork NSW, the Energy Secretary and the Health Secretary may enter into arrangements regarding any one or more of the following— > > > > > (a) the referral of investigable incidents— > > > > > > > (i) to SafeWork NSW for investigation or other action under the [Work Health and Safety Act 2011](/view/html/inforce/current/act-2011-010), or > > > > > > > (ii) to the Secretary for investigation or other action under this Act, or > > > > > > > (iii) to the Energy Secretary for investigation or other action under the [Electricity Supply Act 1995](/view/html/inforce/current/act-1995-094) or the [Gas Supply Act 1996](/view/html/inforce/current/act-1996-038), or > > > > > > > (iv) to the Health Secretary for investigation or other action under any legislation administered by the Health Minister, > > > > > (b) matters concerning an investigable incident that is the subject of investigation or other action by more than one of those persons at the same time, > > > > > (c) the co-operative exercise of the respective functions of those persons in respect of investigable incidents, > > > > > (d) the sharing of information relevant to, and for the purposes of, enabling or assisting any of them to carry out their functions under this Part. > > > (2) The Secretary, SafeWork NSW, the Energy Secretary and the Health Secretary are jointly to cause notice of any arrangements entered into under this section to be published in the Gazette as soon as is practicable after they are entered into. However, a failure to publish any such arrangements does not affect their validity. > > > (3) A party to an arrangement entered into under this section— > > > > > (a) may decline, discontinue or defer an investigation or other action in relation to an investigable incident to give effect to the arrangement, and > > > > > (b) may disclose any information concerning a matter involving an investigable incident that was duly obtained by that party to another party to the arrangement to which the matter is referred so as to give effect to the arrangement. > > > (4) A party to which a matter is referred under an arrangement entered into under this section may investigate or deal with information obtained in respect of the matter referred in order to give effect to the arrangement. > > > (5) In this section— > > > > Energy Secretary means the Secretary of the Treasury. > > > > Health Minister means the minister administering the [Public Health Act 2010](/view/html/inforce/current/act-2010-127). > > > > Health Secretary means the Secretary of the Ministry of Health. > > > > investigable incident means an accident or other incident— > > > > > (a) in which electricity, gas or medical gas is involved, and > > > > > (b) as a consequence of which a person dies or suffers permanent disability, is hospitalised, receives treatment from a registered health practitioner or is unable to attend work for any period of time. > > > > SafeWork NSW means SafeWork NSW as referred to in clause 1 of Schedule 2 to the [Work Health and Safety Act 2011](/view/html/inforce/current/act-2011-010). > > **s 44:** Am 2017 No 50, Sch 5.12 \[3\]. Subst 2020 No 17, Sch 1\[9\]. Am 2022 No 59, Sch 3.30\[3\].