sec.198Action to be taken in relation to site of accident or incident

### sec.198 Action to be taken in relation to site of accident or incident If there is a serious accident or a high potential incident at a mine, the site senior executive must— carry out an investigation to decide the causes of the accident or incident; and prepare a report about the accident or incident that includes recommendations to prevent the accident or incident happening again; and give the report mentioned in paragraph (b) to an inspector— if the report is about a serious accident— within 30 days after the accident; or if the CEO or chief inspector by notice gives a longer period, of not more than 12 months, within which to give the report—within the longer period; or if the report is about a high potential incident—within the period required by the inspector. Maximum penalty—100 penalty units. Subsection (1) (c) (ii) does not apply if the inspector does not request the report. The site senior executive must ensure that the place of the accident or incident is not interfered with until— all relevant details about the accident or incident have been recorded and, if possible, photographed; and sufficient measurements have been taken to allow the development of an accurate plan of the site; and a list of witnesses to the accident or incident has been compiled. Maximum penalty—100 penalty units. It is not a defence to a proceeding under subsection (1) that the carrying out of an investigation, preparation of a report or forwarding of the report might tend to incriminate the site senior executive or make the executive liable to a penalty. A report prepared or forwarded by the site senior executive under subsection (1) is not admissible in evidence against the site senior executive, or any other worker mentioned in the report, in any criminal proceeding other than proceedings about the falsity or misleading nature of the report. s 198 amd 2000 No. 18 s 20 ; 2011 No. 2 s 88 ; 2024 No. 34 s 208 (sec.198-ssec.1) If there is a serious accident or a high potential incident at a mine, the site senior executive must— carry out an investigation to decide the causes of the accident or incident; and prepare a report about the accident or incident that includes recommendations to prevent the accident or incident happening again; and give the report mentioned in paragraph (b) to an inspector— if the report is about a serious accident— within 30 days after the accident; or if the CEO or chief inspector by notice gives a longer period, of not more than 12 months, within which to give the report—within the longer period; or if the report is about a high potential incident—within the period required by the inspector. Maximum penalty—100 penalty units. (sec.198-ssec.2) Subsection (1) (c) (ii) does not apply if the inspector does not request the report. (sec.198-ssec.3) The site senior executive must ensure that the place of the accident or incident is not interfered with until— all relevant details about the accident or incident have been recorded and, if possible, photographed; and sufficient measurements have been taken to allow the development of an accurate plan of the site; and a list of witnesses to the accident or incident has been compiled. Maximum penalty—100 penalty units. (sec.198-ssec.4) It is not a defence to a proceeding under subsection (1) that the carrying out of an investigation, preparation of a report or forwarding of the report might tend to incriminate the site senior executive or make the executive liable to a penalty. (sec.198-ssec.5) A report prepared or forwarded by the site senior executive under subsection (1) is not admissible in evidence against the site senior executive, or any other worker mentioned in the report, in any criminal proceeding other than proceedings about the falsity or misleading nature of the report. - (a) carry out an investigation to decide the causes of the accident or incident; and - (b) prepare a report about the accident or incident that includes recommendations to prevent the accident or incident happening again; and - (c) give the report mentioned in paragraph (b) to an inspector— (i) if the report is about a serious accident— (A) within 30 days after the accident; or (B) if the CEO or chief inspector by notice gives a longer period, of not more than 12 months, within which to give the report—within the longer period; or (ii) if the report is about a high potential incident—within the period required by the inspector. - (i) if the report is about a serious accident— (A) within 30 days after the accident; or (B) if the CEO or chief inspector by notice gives a longer period, of not more than 12 months, within which to give the report—within the longer period; or - (A) within 30 days after the accident; or - (B) if the CEO or chief inspector by notice gives a longer period, of not more than 12 months, within which to give the report—within the longer period; or - (ii) if the report is about a high potential incident—within the period required by the inspector. - (i) if the report is about a serious accident— (A) within 30 days after the accident; or (B) if the CEO or chief inspector by notice gives a longer period, of not more than 12 months, within which to give the report—within the longer period; or - (A) within 30 days after the accident; or - (B) if the CEO or chief inspector by notice gives a longer period, of not more than 12 months, within which to give the report—within the longer period; or - (ii) if the report is about a high potential incident—within the period required by the inspector. - (A) within 30 days after the accident; or - (B) if the CEO or chief inspector by notice gives a longer period, of not more than 12 months, within which to give the report—within the longer period; or - (a) all relevant details about the accident or incident have been recorded and, if possible, photographed; and - (b) sufficient measurements have been taken to allow the development of an accurate plan of the site; and - (c) a list of witnesses to the accident or incident has been compiled.