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Authorised by the Parliamentary Counsel
[s 64]
Resources Safety and Health Queensland and Other Legislation Amendment Bill 2026
Part 7 Amendment of Mining and Quarrying Safety and Health Act 1999
new chairperson means—
(a) the chairperson of the committee appointed
under new section 69; or
(b) if, on the commencement, no chairperson
has been appointed under new section
69—the inspector nominated under section
304(1).
304 Chairperson of committee
(1) On the commencement, if the Minister has not
appointed a chairperson of the committee under
new section 69, an inspector nominated by the
Minister is taken to be appointed as the
chairperson of the committee.
(2) The appointment of the inspector under
subsection (1) ends when the Minister appoints a
chairperson under new section 69.
305 Continuation of acts and matters
Anything done, or started but not completed,
under this Act, by the former chairperson before
the commencement is, if the context permits,
taken to have been done or started, and may be
completed, by the new chairperson.
306 Functions and powers
A function performed, or power exercised, under
this Act by the former chairperson before the
commencement is, if the context permits, taken to
have been performed, or exercised, by the new
chairperson.
307 References to former chairperson
In a document, a reference to the former
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Authorised by the Parliamentary Counsel
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Resources Safety and Health Queensland and Other Legislation Amendment Bill 2026
Part 8 Amendment of Resources Safety and Health Queensland Act 2020
chairperson may, if the context permits and to the
extent the reference relates to the former
chairperson’s functions as chairperson of the
committee, be taken to be a reference to the new
chairperson.
65 Amendment of sch 2 (Dictionary)
(1) Schedule 2, definition commissioner—
omit.
(2) Schedule 2—
insert—
RSHQ board means the board under the
Resources Safety and Health Queensland Act
2020.
(3) Schedule 2, definition official, paragraph (d)—
omit, insert—
(d) a member of the RSHQ board; or
Part 8 Amendment of Resources
Safety and Health Queensland
Act 2020
66 Act amended
This part amends the Resources Safety and Health
Queensland Act 2020.
67 Amendment of long title
Long title, from ‘, establish’—
omit, insert—
, and to establish an employing office
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Resources Safety and Health Queensland and Other Legislation Amendment Bill 2026
Part 8 Amendment of Resources Safety and Health Queensland Act 2020
68 Amendment of s 4 (Main purposes)
Section 4(c)—
omit.
69 Amendment of s 7 (Membership)
Section 7—
insert—
(c) the board.
70 Amendment of s 14 (Appointment)
(1) Section 14(1)—
omit, insert—
(1) There must be a chief executive officer of RSHQ
(the CEO).
(1A) The CEO is appointed by the Governor in Council
on the recommendation of the Minister.
(1B) In recommending a person for appointment to the
Governor in Council, the Minister must have
regard to the nomination of a suitable candidate
by the board under section 27A.
(2) Section 14(1A) to (3)—
renumber as section 14(2) to (5).
71 Amendment of s 16 (Criminal history report)
Section 16, after ‘Minister’—
insert—
or the board
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Section retrieval-0004 - Resources Safety and Health Queensland and Other Legislation Amendment Bill 2026 - Document excerpt 4 | Zoe
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Authorised by the Parliamentary Counsel
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Part 8 Amendment of Resources Safety and Health Queensland Act 2020
72 Replacement of s 19 (Removal by Governor in Council)
Section 19—
omit, insert—
19 Removal by Governor in Council
(1) The Governor in Council may, at any time,
remove the CEO from office on the
recommendation of the Minister.
(2) The Minister may recommend the removal of the
CEO for any reason or none.
(3) This section does not limit the Governor in
Council’s powers under the Acts Interpretation
Act 1954, section 25.
73 Amendment of s 22 (Conflicts of interest)
Section 22, after ‘Minister’—
insert—
and the board
74 Amendment of s 23 (Functions)
Section 23(1)—
omit, insert—
(1) The CEO has the function of managing the
organisational unit under the control of the CEO.
75 Insertion of new s 24A
After section 24—
insert—
24A Relationship between CEO and Board
(1) In performing the CEO’s functions, other than a
function under another Act, the CEO must give
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Part 8 Amendment of Resources Safety and Health Queensland Act 2020
effect to any policy or direction of the board
relevant to the function.
(2) However, the CEO must act independently of the
board when making a decision to disclose
information under section 67.
(3) The CEO must—
(a) report regularly to the board on the
administration of this Act; and
(b) at the request of the board, provide the
board with a report on a particular subject
relevant to the board’s functions.
76 Insertion of new s 27A
After section 27—
insert—
27A Nomination of suitable candidate for CEO by
board
(1) The board may—
(a) seek a suitable candidate for the office of
CEO; and
(b) give the Minister the name of a suitable
candidate for the office.
(2) In this section—
suitable candidate means an appropriately
qualified person suitable for recommendation by
the Minister to the Governor in Council for
appointment as CEO.
77 Amendment of s 28 (Annual report)
Section 28(1)—
insert—
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Resources Safety and Health Queensland and Other Legislation Amendment Bill 2026
Part 8 Amendment of Resources Safety and Health Queensland Act 2020
(e) details of—
(i) each statement of expectations given
by the Minister under section 63 during
the financial year to which the report
relates; and
(ii) action taken by the board or RSHQ
because of the statement of
expectations.
78 Amendment of s 30 (Employing office represents the
State)
Section 30(2), ‘status,’—
omit.
79 Amendment of s 35 (Appointment)
Section 35(2)—
omit, insert—
(2) The executive officer is appointed by the
Governor in Council on the recommendation of
the Minister.
80 Replacement of s 39 (Removal by Governor in Council)
Section 39—
omit, insert—
39 Removal by Governor in Council
(1) The Governor in Council may, at any time,
remove the executive officer from office on the
recommendation of the Minister.
(2) The Minister may recommend the removal of the
executive officer for any reason or none.
(3) This section does not limit the Governor in
Council’s powers under the Acts Interpretation
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Resources Safety and Health Queensland and Other Legislation Amendment Bill 2026
Part 8 Amendment of Resources Safety and Health Queensland Act 2020
Act 1954, section 25.
81 Replacement of pt 4 (Commissioner for Resources Safety
and Health)
Part 4—
omit, insert—
Part 4 Resources Safety and
Health Queensland
Board
Division 1 Establishment
48 Establishment
The Resources Safety and Health Queensland
Board (the board) is established.
Division 2 Functions and powers
49 Functions
(1) The board has the following functions—
(a) deciding the strategies and the operational,
administrative and financial policies to be
followed by RSHQ;
(b) ensuring RSHQ performs its functions and
exercises its powers in a proper, effective
and efficient way;
(c) providing guidance and leadership to each
of the following—
(i) the CEO;
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Resources Safety and Health Queensland and Other Legislation Amendment Bill 2026
Part 8 Amendment of Resources Safety and Health Queensland Act 2020
(ii) the coal mining safety and health
advisory committee;
(iii) the mining safety and health advisory
committee;
(iv) any committee established by the board
under section 61;
(d) nominating a suitable candidate for the
office of CEO under section 27A;
(e) managing the performance, including, for
example, by setting performance
expectations and key performance
indicators, of each of the following—
(i) the CEO;
(ii) a committee mentioned in paragraph
(c);
(f) advising the Minister on matters relating to
safety and health in the resources sector;
(g) responding to requests by the Minister for
advice on particular matters, including, for
example, the strategic direction of RSHQ;
(h) giving advice to the Minister about filling
vacancies for the following roles—
(i) chairperson of the coal mining safety
and health advisory committee;
(ii) chairperson of the mining safety and
health advisory committee;
(i) requesting advice on particular matters from
the committees mentioned in paragraph (c);
(j) ensuring any information received from the
committees mentioned in paragraph (c) is
considered in the performance of RSHQ’s
functions;
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Part 8 Amendment of Resources Safety and Health Queensland Act 2020
(k) ensuring RSHQ and the committees
mentioned in paragraph (c) have appropriate
and effective arrangements for sharing
information relevant to their functions;
(l) engaging with representatives of the
resources industry and its workforce about
matters relating to safety and health in the
resources sector;
(m) monitoring, reviewing, and reporting to the
Minister on the performance of the
functions of each of the following—
(i) RSHQ;
(ii) the CEO;
(iii) a committee mentioned in paragraph
(c).
(2) The board also has the functions given to it under
this Act or another Act.
50 Powers
(1) The board has all the powers to do anything
necessary or convenient to be done in the
performance of its functions.
(2) Anything done in the name of, or for, RSHQ by
the board, or with the authority of the board, is
taken to have been done by RSHQ.
Division 3 Membership
51 Appointment
(1) The board consists of not more than 5 members
appointed by the Governor in Council on the
recommendation of the Minister.
(2) In recommending a person as a member, the
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Resources Safety and Health Queensland and Other Legislation Amendment Bill 2026
Part 8 Amendment of Resources Safety and Health Queensland Act 2020
Minister must ensure the board collectively has
sufficient knowledge and experience of each of
the following—
(a) governance, risk and assurance;
(b) regulation of safety and health in the
mining, petroleum and gas, and explosives
industries;
(c) stakeholder engagement with government,
industry and workforce representatives;
(d) investigations and enforcement;
(e) occupational health, hygiene and
psychosocial hazards;
(f) organisational effectiveness, culture and
regulatory performance;
(g) financial management and strategic
oversight.
(3) The members are appointed under this Act and
not the Public Sector Act 2022.
(4) To remove any doubt, it is declared that a member
may satisfy 2 or more paragraphs of subsection
(2).
52 Disqualification as member
A person is disqualified from becoming, or
continuing as, a member if the person—
(a) has a recorded conviction, other than a spent
conviction, for an indictable offence; or
(b) is an insolvent under administration; or
(c) is not able to manage a corporation because
of the Corporations Act, part 2D.6; or
(d) is an employee or contractor of RSHQ or the
employing office; or
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Part 8 Amendment of Resources Safety and Health Queensland Act 2020
(e) contravenes section 62.
53 Conditions of appointment
(1) A member is to be paid the remuneration and
allowances decided by the Governor in Council.
(2) For matters not provided for by this Act, a
member holds office on the terms and conditions
decided by the Governor in Council.
54 Term of appointment
(1) A member is appointed for the term, of not more
than 4 years, stated in the member’s instrument of
appointment.
(2) However, a person’s appointment as a member
ends if, during the term of the appointment, the
person becomes disqualified under section 52.
55 Chairperson
(1) The chairperson of the board is appointed by the
Governor in Council on the recommendation of
the Minister.
(2) In recommending a member as chairperson, the
Minister must ensure the member has advanced
knowledge or experience of the matters
mentioned in section 51(2)(a) and (c).
(3) A person may be appointed as the chairperson
when the person is appointed as a member.
(4) The chairperson holds office for the term, ending
no later than the person’s term of appointment as
a member, stated in the person’s instrument of
appointment as chairperson.
(5) However, a person’s appointment as chairperson
ends if, during the term of the appointment, the
person stops being a member.
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Resources Safety and Health Queensland and Other Legislation Amendment Bill 2026
Part 8 Amendment of Resources Safety and Health Queensland Act 2020
56 Deputy chairperson
(1) The deputy chairperson of the board is appointed
by the Governor in Council on the
recommendation of the Minister.
(2) The deputy chairperson holds office for the term,
ending no later than the person’s term of
appointment as a member, stated in the person’s
instrument of appointment as deputy chairperson.
(3) However, a person’s appointment as deputy
chairperson ends if, during the term of the
appointment, the person stops being a member.
(4) The deputy chairperson must act as chairperson—
(a) during a vacancy in the office of
chairperson; and
(b) during all periods when the chairperson is
absent from duty or, for another reason, can
not perform the functions of the office.
(5) A person may be appointed as the deputy
chairperson when the person is appointed as a
member.
57 Resignation
(1) A member may resign by signed notice given to
the Minister.
(2) Also, a member may resign the office of
chairperson or deputy chairperson by signed
notice given to the Minister.
(3) The resignation takes effect—
(a) on the day the notice is given; or
(b) if a later day is stated in the notice—on the
later day.
(4) A person resigning from the office of chairperson
or deputy chairperson may continue to be a
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Resources Safety and Health Queensland and Other Legislation Amendment Bill 2026
Part 8 Amendment of Resources Safety and Health Queensland Act 2020
member.
58 Vacancy in office
(1) The office of a member becomes vacant if the
member—
(a) completes a term of office and is not
reappointed; or
(b) is disqualified from office under section 52:
or
(c) resigns from office under section 57; or
(d) is removed from office by the Governor in
Council under subsection (2).
(2) The Governor in Council may, at any time,
remove the member from office on the
recommendation of the Minister.
(3) The Minister may recommend the removal of the
member for any reason or none.
(4) This section does not limit the Governor in
Council’s power under the Acts Interpretation Act
1954, section 25.
Division 4 Business
59 Conduct of business
Subject to this division and any requirement
prescribed by regulation, the board may conduct
its business, including its meetings, in the way it
considers appropriate.
60 Meetings
(1) The board may hold its meetings when it decides.
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