sec.195Notice of accidents, deaths or incidents

### sec.195 Notice of accidents, deaths or incidents If the site senior executive for a mine becomes aware of a serious accident or death at the 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, to the extent the information is known to the site senior executive; and orally notify a district workers’ representative— about the accident or death; and about the required information, to the extent the information is known to the site senior executive. Maximum penalty—100 penalty units. If the site senior executive for a mine becomes aware of a serious accident, death or high potential incident at the mine, the site senior executive must, as soon as practicable after becoming aware, notify both of the following persons in the approved form— an inspector; a district workers’ representative. Maximum penalty—100 penalty units. The approved form mentioned in subsection (2) must make provision for particular information to be provided about the serious accident, death or incident. 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 (2) , 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) or (4) , 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 (6) 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 the information required by the approved form mentioned in subsection (2) . s 195 amd 2002 No. 25 s 37 ; 2007 No. 46 s 124 ; 2008 No. 33 s 114 ; 2018 No. 28 s 78 sub 2024 No. 34 s 206 (sec.195-ssec.1) If the site senior executive for a mine becomes aware of a serious accident or death at the 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, to the extent the information is known to the site senior executive; and orally notify a district workers’ representative— about the accident or death; and about the required information, to the extent the information is known to the site senior executive. Maximum penalty—100 penalty units. (sec.195-ssec.2) If the site senior executive for a mine becomes aware of a serious accident, death or high potential incident at the mine, the site senior executive must, as soon as practicable after becoming aware, notify both of the following persons in the approved form— an inspector; a district workers’ representative. Maximum penalty—100 penalty units. (sec.195-ssec.3) The approved form mentioned in subsection (2) must make provision for particular information to be provided about the serious accident, death or incident. (sec.195-ssec.4) 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 (2) , 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.195-ssec.5) For a proceeding under subsection (1) , (2) or (4) , it is not a defence that the giving of the required information might tend to incriminate the site senior executive. (sec.195-ssec.6) The required information is not admissible in evidence against the site senior executive in a criminal proceeding. (sec.195-ssec.7) Subsection (6) 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.195-ssec.8) In this section— required information means the information required by the approved form mentioned in subsection (2) . - (a) orally notify an inspector— (i) about the accident or death; and (ii) about the required information, 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, to the extent the information is known to the site senior executive; and - (b) orally notify a district workers’ representative— (i) about the accident or death; and (ii) about the required information, to the extent the information is known to the site senior executive. - (i) about the accident or death; and - (ii) about the required information, to the extent the information is known to the site senior executive. - (i) about the accident or death; and - (ii) about the required information, 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, to the extent the information is known to the site senior executive. - (a) an inspector; - (b) a district workers’ representative. - (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.