56Boards of Inquiry

56 Boards of Inquiry

56 Boards of Inquiry

(1) The Minister may constitute a person as a Board of Inquiry to conduct an inquiry into any of the following—

(a) a notifiable incident,

(b) any event, occurrence, practice or matter that may affect the health and safety of workers or other persons at a mine or petroleum site,

(c) anything prescribed by the regulations.

(2) The Minister is to provide terms of reference for the inquiry when constituting the Board of Inquiry.

(3) In conducting an inquiry, a Board of Inquiry—

(a) is not bound to act in a formal manner, and

(b) is not bound by the rules of evidence and may inform itself on any matter in any way that it considers appropriate.

(4) If the Board of Inquiry agrees, an agent (including a legal practitioner) may represent a person or body at an inquiry.

(5) A Board of Inquiry is to determine its own procedure, except as provided by this Act.

(6) A Board of Inquiry conducting an inquiry may be assisted by a legal practitioner appointed by the Minister for the purposes of the inquiry.

(7) A court (which for the purposes of this subsection includes a person conducting coronial proceedings within the meaning of the Coroners Act 2009) may by order suspend an inquiry if the court is of the opinion that the inquiry may prejudice a matter before the court. An inquiry is suspended for the time specified in the order.

s 56: Am 2015 No 43, Sch 1 [43].