QLDIn ForceAct
Mining and Quarrying Safety and Health Act 1999
sec.116Powers of district workers’ representatives
Start here
Get a plain-English read of sec.116
Turn the raw legal text into a practical explanation grounded in Mining and Quarrying Safety and Health Act 1999.
### sec.116 Powers of district workers’ representatives
A district workers’ representative has the following powers—
to make inquiries about the operations of mines relevant to the safety or health of workers;
to enter any part of a mine at any time to carry out the representative’s functions;
to examine any documents relevant to safety and health held by persons with obligations under this Act, if the representative has reason to believe the documents contain information required to assess whether procedures are in place at a mine to achieve an acceptable level of risk to workers;
to examine safety and health management system documents, including standard work instructions and training records;
to copy a document mentioned in paragraph (c) or (d) ;
to require the site senior executive for a mine to give the representative within a stated reasonable period and by a stated reasonable way, including, for example, by email, a copy of a document mentioned in paragraph (c) or (d) ;
to require the person in control or temporarily in control of a mine to give the representative reasonable help in a stated reasonable way in the exercise of a power under any of paragraphs (a) to (f) ;
to issue a directive under section 160 (2) (a) .
A person in control or temporarily in control of a mine required to help the district workers’ representative under subsection (1) (g) must comply with the requirement, unless the person has a reasonable excuse.
Maximum penalty—100 penalty units.
If a district workers’ representative asks a person to give access to a document to enable the representative to examine the document under subsection (1) (c) or (d) , or to copy the document under subsection (1) (e) , the person must give access to the document as soon as reasonably practicable after being asked, unless the person has a reasonable excuse.
Maximum penalty—100 penalty units.
s 116 amd 2024 No. 34 s 182
(sec.116-ssec.1) A district workers’ representative has the following powers— to make inquiries about the operations of mines relevant to the safety or health of workers; to enter any part of a mine at any time to carry out the representative’s functions; to examine any documents relevant to safety and health held by persons with obligations under this Act, if the representative has reason to believe the documents contain information required to assess whether procedures are in place at a mine to achieve an acceptable level of risk to workers; to examine safety and health management system documents, including standard work instructions and training records; to copy a document mentioned in paragraph (c) or (d) ; to require the site senior executive for a mine to give the representative within a stated reasonable period and by a stated reasonable way, including, for example, by email, a copy of a document mentioned in paragraph (c) or (d) ; to require the person in control or temporarily in control of a mine to give the representative reasonable help in a stated reasonable way in the exercise of a power under any of paragraphs (a) to (f) ; to issue a directive under section 160 (2) (a) .
(sec.116-ssec.2) A person in control or temporarily in control of a mine required to help the district workers’ representative under subsection (1) (g) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—100 penalty units.
(sec.116-ssec.3) If a district workers’ representative asks a person to give access to a document to enable the representative to examine the document under subsection (1) (c) or (d) , or to copy the document under subsection (1) (e) , the person must give access to the document as soon as reasonably practicable after being asked, unless the person has a reasonable excuse. Maximum penalty—100 penalty units.
- (a) to make inquiries about the operations of mines relevant to the safety or health of workers;
- (b) to enter any part of a mine at any time to carry out the representative’s functions;
- (c) to examine any documents relevant to safety and health held by persons with obligations under this Act, if the representative has reason to believe the documents contain information required to assess whether procedures are in place at a mine to achieve an acceptable level of risk to workers;
- (d) to examine safety and health management system documents, including standard work instructions and training records;
- (e) to copy a document mentioned in paragraph (c) or (d) ;
- (f) to require the site senior executive for a mine to give the representative within a stated reasonable period and by a stated reasonable way, including, for example, by email, a copy of a document mentioned in paragraph (c) or (d) ;
- (g) to require the person in control or temporarily in control of a mine to give the representative reasonable help in a stated reasonable way in the exercise of a power under any of paragraphs (a) to (f) ;
- (h) to issue a directive under section 160 (2) (a) .