Warning—Most provisions of this legislation are not in operation. These provisions are italicised. For details, see the List of legislation in the Legislative history.Resources Safety and Health Queensland Act 2020An Act to establish a statutory body called Resources Safety and Health Queensland to regulate safety and health in the resources sector, establish an employing office, provide for the Commissioner for Resources Safety and Health, and to amend this Act, the Coal Mining Safety and Health Act 1999, the Explosives Act 1999, the Mining and Quarrying Safety and Health Act 1999, the Petroleum and Gas (Production and Safety) Act 2004, the Public Service Act 2008, the Statutory Bodies Financial Arrangements Regulation 2019 and the Work Health and Safety Act 2011 for particular purposesPart 1Preliminary1Short titleThis Act may be cited as the Resources Safety and Health Queensland Act 2020.2CommencementThis Act, other than sections 120 and 122, commences on a day to be fixed by proclamation.3DefinitionsThe dictionary in schedule 1 defines particular words used in this Act.4Main purposesThe main purposes of this Act are—

(a)to establish an independent statutory body called Resources Safety and Health Queensland to regulate safety and health in the resources sector; and

(b)to establish the Resources Safety and Health Queensland employing office; and

(c)to provide for the Commissioner for Resources Safety and Health.

Part 2Resources Safety and Health QueenslandDivision 1Establishment5Establishment of RSHQResources Safety and Health Queensland (RSHQ) is established. 6Legal statusRSHQ—

(a)is a body corporate; and

(b)may sue and be sued in its corporate name.

7MembershipRSHQ consists of—

(a)the CEO; and

(b)the organisational unit under the control of the CEO.

8RSHQ represents the State(1)RSHQ represents the State.(2)Without limiting subsection (1), RSHQ has the privileges and immunities of the State.9Application of other Acts(1)RSHQ is—

(a)a unit of public administration under the Crime and Corruption Act 2001; and

(b)a statutory body under—

(i)the Financial Accountability Act 2009; and

(ii)the Statutory Bodies Financial Arrangements Act 1982.

(2)The Statutory Bodies Financial Arrangements Act 1982, part 2B sets out the way that Act affects RSHQ’s powers.Division 2Functions and powers10Functions(1)The main function of RSHQ is to administer the Resources Safety Acts and to further their purposes.(2)Without limiting subsection (1), RSHQ has the following functions—

(a)protecting the safety and health of persons in the resources industry;

(b)regulating safety and health in the resources industry;

(c)monitoring compliance with, and the effectiveness of, the Resources Safety Acts;

(d)carrying out commercial activities incidental to RSHQ’s main function.

(3)RSHQ also has the functions given to it under this Act or another Act.11Powers(1)RSHQ has all the powers of an individual and may, for example—

(a)enter into contracts or agreements; and

(b)deal in land or other property; and

(c)appoint agents and attorneys; and

(d)engage consultants or contractors; and

(e)establish funds and accounts with any financial institution in Australia; and

(f)charge an entity a fee for services or facilities it supplies; and

(g)do anything else necessary or convenient to be done in the performance of RSHQ’s functions.

(2)RSHQ also has the powers given to it under this Act or another Act.12Performing functions and exercising powers inside and outside QueenslandRSHQ may perform its functions, or exercise its powers, inside or outside Queensland.13Ministerial direction(1)The Minister may give a written direction to RSHQ about the performance of RSHQ’s functions under this Act or the exercise of RSHQ’s powers under this Act if the Minister is satisfied it is necessary to give the direction in the public interest.(2)Without limiting subsection (1), the direction may be to give reports and information to the Minister.(3)RSHQ must—

(a)comply with a direction given under subsection (1); and

(b)publish a copy of the direction on a Queensland government website.

(4)To remove any doubt, it is declared that a direction under subsection (1) must not be about the performance of RSHQ’s functions under a Resources Safety Act or the exercise of RSHQ’s powers under a Resources Safety Act.Division 3Chief executive officer14Appointment(1)The Governor in Council must appoint a chief executive officer of RSHQ (the CEO).(2)The CEO is appointed under this Act and not the Public Service Act 2008.(3)To be appointed as the CEO, a person must have a professional qualification relevant to the resources industry, and professional experience in the resources sector.15Disqualification as CEOA person is disqualified from being appointed, or continuing as, the CEO if the person—

(a)has a conviction, other than a spent conviction, for an indictable offence; or

(b)is an insolvent under administration; or

(c)is disqualified from managing corporations because of the Corporations Act, part 2D.6; or

(d)contravenes section 21 or 22.

16Criminal history report(1)To decide if a person is disqualified from becoming or continuing as the CEO, the Minister may ask the commissioner of the police service for—

(a)a written report about the criminal history of the person; and

(b)a brief description of the circumstances of a conviction mentioned in the criminal history.

(2)However, the Minister may make the request only if the person has given the Minister written consent for the request.(3)The commissioner of the police service must comply with the request.(4)However, the duty to comply applies only to information in the possession of the commissioner of the police service or to which the commissioner of the police service has access.(5)The Minister must ensure the report is destroyed as soon as practicable after it is no longer needed for the purpose for which it was requested.17Term(1)The CEO holds office for the term stated in the CEO’s instrument of appointment.(2)The stated term must not be more than 5 years.(3)The CEO may be reappointed.18Remuneration and conditions(1)The CEO is to be paid the remuneration and other allowances decided by the Governor in Council.(2)The remuneration must not be reduced during the CEO’s term of office without the CEO’s written consent.(3)The CEO holds office on the terms and conditions, not provided for by this Act, that are decided by the Governor in Council.19Removal by Governor in CouncilThe Governor in Council may, on the Minister’s recommendation, remove the CEO from office if the Minister is satisfied the CEO—

(a)has engaged in—

(i)inappropriate or improper conduct in an official capacity; or

(ii)inappropriate or improper conduct in a private capacity that reflects seriously and adversely on the office; or

(b)has become incapable of performing the CEO’s functions; or

(c)has neglected the CEO’s duties or performed the CEO’s functions incompetently.

20Vacancy in officeThe office of the CEO becomes vacant if the CEO—

(a)completes a term of office and is not reappointed; or

(b)resigns office by signed notice given to the Minister; or

(c)becomes disqualified under section 15 from continuing as CEO; or

(d)is removed under section 19 as CEO.

21CEO not to engage in other paid employmentThe CEO must not, without the Minister’s prior written approval—

(a)engage in paid employment outside the responsibilities of the office of the CEO; or

(b)actively take part in the activities of a business, or in the management of a corporation carrying on a business, outside the responsibilities of the office of the CEO.

22Conflicts of interestIf the CEO has an interest that conflicts, or may conflict, with the discharge of the CEO’s responsibilities, the CEO—

(a)must disclose the nature of the interest and conflict to the Minister as soon as practicable after the relevant facts come to the CEO’s knowledge; and

(b)must not take action or further action concerning a matter that is, or may be, affected by the conflict unless authorised by the Minister.

23Functions(1)The CEO has the following functions—

(a)ensuring the effective and efficient administration and operation of RSHQ and the performance of its functions; and

(b)managing the organisational unit under the control of the CEO.

(2)The CEO also has the functions given to the CEO under this Act or another Act.24Powers(1)The CEO has the power to do anything necessary or convenient to be done for the performance of the CEO’s functions.(2)The CEO also has the powers given to the CEO under this Act or another Act.25Delegation(1)The CEO may delegate the CEO’s functions under this Act to an appropriately qualified person.(2)In this section—functions includes powers.26Acting CEO (1)The Minister may appoint a person to act as CEO—

(a)during a vacancy in the office; or

(b)during any period, or during all periods, when the CEO is absent from duty or from the State or is, for another reason, unable to perform the duties of the office.

(2)The acting CEO is appointed under this Act and not the Public Service Act 2008.27Preservation of rights(1)This section applies if a public service officer is appointed as the CEO.(2)The person keeps all rights accrued or accruing to the person as a public service officer as if service as the CEO were a continuation of service as a public service officer.(3)Without limiting subsection (2), the person’s appointment does not—

(a)prejudice the person’s existing or accruing rights to superannuation or recreation, sick, long service or other leave; or

(b)interrupt continuity of service, except that the employee is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service; or

(c)entitle the person to a payment or other benefit because the person is no longer a public service officer.

(4)At the completion of the person’s term of office under section 20(a) or resignation as the CEO under section 20(b)—

(a)the person has the right to be appointed to an office in the public service at a salary level no less than the current salary level of an office equivalent to the office the person held before being appointed as the CEO; and

(b)the person’s service as the CEO is taken to be service of a like nature in the public service for deciding the person’s rights as an officer of the public service.

Division 4Other matters28Annual report(1)RSHQ must include in its annual report prepared under the Financial Accountability Act 2009, section 63—

(a)details of the functions performed by RSHQ during the year; and

(b)information about how efficiently and effectively RSHQ has performed its functions, including, for example, identifying key achievements and financial and non-financial performance; and

(c)details of—

(i)any interest disclosed by the CEO under section 22(a); and

(ii)any action authorised by the Minister under section 22(b); and

(d)details of—

(i)each direction given by the Minister under section 13 during the financial year to which the report relates; and

(ii)action taken by RSHQ because of the direction.

(2)The report must not be prepared in a way that discloses confidential information.Part 3Employing officeDivision 1Establishment29Establishment of employing office(1)The Resources Safety and Health Queensland employing office (the employing office) is established.(2)The employing office consists of—

(a)the executive officer; and

(b)the staff of the employing office.

(3)The employing office is a separate entity from RSHQ.30Employing office represents the State(1)The employing office represents the State.(2)Without limiting subsection (1), the employing office has the status, privileges and immunities of the State.31Application of other Acts(1)The employing office is—

(a)a unit of public administration under the Crime and Corruption Act 2001; and

(b)a statutory body under—

(i)the Financial Accountability Act 2009; and

(ii)the Statutory Bodies Financial Arrangements Act 1982.

(2)For applying the Financial Accountability Act 2009 to the employing office as a statutory body—

(a)the executive officer is taken to be the chairperson of the employing office; and

(b)the Financial Accountability Act 2009 is taken to require the executive officer to consider the annual financial statements and the auditor-general’s report as soon as practicable after they are received by the employing office; and

(c)the Financial Accountability Act 2009 is taken to require the executive officer to consider any observations, suggestions or comments given to the executive officer by the auditor-general as soon as practicable after the executive officer receives them.

32Functions (1)The main functions of the employing office are—

(a)entering into, for the State, a work performance arrangement with RSHQ under which employees of the employing office perform work for RSHQ; and

(b)employing, for the State, staff to perform work for RSHQ under the work performance arrangement; and

(c)doing anything incidental to the discharge of the functions mentioned in paragraphs (a) and (b).

(2)Also, the employing office has any other function conferred on the employing office under this Act or another Act.(3)This section does not limit the employing office’s power to enter into and give effect to a work performance arrangement with a government entity other than RSHQ.33Powers (1)The employing office has the power to do anything necessary or convenient to be done for the performance of the employing office’s functions. (2)The employing office also has the powers given to it under this Act or another Act.34StaffThe staff of the employing office are to be employed under the Public Service Act 2008.Division 2Executive officer35Appointment(1)There is to be an executive officer of the employing office.(2)The executive officer is to be appointed by the Governor in Council.(3)The executive officer is appointed under this Act and not the Public Service Act 2008.36Disqualification as executive officerA person is disqualified from being appointed, or continuing as, the executive officer if the person—

(a)has a conviction, other than a spent conviction, for an indictable offence; or

(b)is an insolvent under administration; or

(c)is disqualified from managing corporations because of the Corporations Act, part 2D.6; or

(d)contravenes section 41 or 42.

37Term (1)The executive officer holds office for the term stated in the executive officer’s instrument of appointment.(2)The stated term must not be more than 5 years.(3)The executive officer may be reappointed.38Remuneration and conditions(1)The executive officer is to be paid the remuneration and other allowances decided by the Governor in Council.(2)The remuneration must not be reduced during the executive officer’s term of office without the executive officer’s written consent.(3)The executive officer holds office on the terms and conditions, not provided for by this Act, that are decided by the Governor in Council.39Removal by Governor in CouncilThe Governor in Council may, on the Minister’s recommendation, remove the executive officer from office if the Minister is satisfied the executive officer—

(a)has engaged in—

(i)inappropriate or improper conduct in an official capacity; or

(ii)inappropriate or improper conduct in a private capacity that reflects seriously and adversely on the office; or

(b)has become incapable of performing the executive officer’s functions; or

(c)has neglected the executive officer’s duties or performed the executive officer’s functions incompetently.

40Vacancy in officeThe office of the executive officer becomes vacant if the executive officer—

(a)completes a term of office and is not reappointed; or

(b)resigns office by signed notice given to the Minister; or

(c)becomes disqualified under section 36 from continuing as executive officer; or

(d)is removed under section 39 as executive officer.

41Executive officer not to engage in other paid employmentThe executive officer must not, without the Minister’s prior written approval—

(a)engage in paid employment outside the responsibilities of the office of the executive officer; or

(b)actively take part in the activities of a business, or in the management of a corporation carrying on a business.

42Conflicts of interestIf the executive officer has an interest that conflicts, or may conflict, with the discharge of the executive officer’s responsibilities, the executive officer—

(a)must disclose the nature of the interest and conflict to the Minister as soon as practicable after the relevant facts come to the executive officer’s knowledge; and

(b)must not take action or further action concerning a matter that is, or may be, affected by the conflict unless authorised by the Minister.

43Functions (1)The executive officer has the function of ensuring the effective and efficient administration and operation of the employing office and the performance of its functions.(2)The executive officer also has the functions given to the executive officer under this Act or another Act.44Powers (1)The executive officer has the power to do anything necessary or convenient to be done for the performance of the executive officer’s functions.(2)The executive officer also has the powers given to the executive officer under this Act or another Act.45Delegation (1)The executive officer may delegate the executive officer’s functions under this Act to another appropriately qualified officer of the employing office.(2)In this section—functions includes powers.46Acting executive officer(1)The Minister may appoint a person to act as executive officer—

(a)during a vacancy in the office; or

(b)during any period, or during all periods, when the executive officer is absent from duty or from the State or is, for another reason, unable to perform the duties of the office.

(2)The acting executive officer is appointed under this Act and not the Public Service Act 2008.47Preservation of rights(1)This section applies if a public service officer is appointed as the executive officer.(2)The person keeps all rights accrued or accruing to the person as a public service officer as if service as the executive officer were a continuation of service as a public service officer.(3)Without limiting subsection (2), the person’s appointment does not—

(a)prejudice the person’s existing or accruing rights to superannuation or recreation, sick, long service or other leave; or

(b)interrupt continuity of service, except that the employee is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service; or

(c)entitle the person to a payment or other benefit because the person is no longer a public service officer.

(4)At the completion of the person’s term of office under section 40(a) or resignation as the executive officer under section 40(b)—

(b)the person’s service as the executive officer is taken to be service of a like nature in the public service for deciding the person’s rights as an officer of the public service.

Part 4Commissioner for Resources Safety and Health48Appointment(1)The Governor in Council must appoint a Commissioner for Resources Safety and Health (the commissioner).(2)The commissioner is appointed under this Act and not the Public Service Act 2008.49Qualifications for appointmentTo be appointed as the commissioner, a person must have—

(a)a professional qualification relevant to the resources industry, and professional experience in safety and health in the resources sector; or

(b)professional experience in senior operational positions relating to the management of safety and health in the resources sector, and demonstrated competence in the management of safety and health in the resources sector.

50Disqualification as commissionerA person is disqualified from becoming, or continuing as, the commissioner if the person—

(a)has a conviction, other than a spent conviction, for an indictable offence; or

(b)is an insolvent under administration; or

(c)is disqualified from managing corporations because of the Corporations Act, part 2D.6; or

(d)contravenes section 56 or 57.

51Criminal history report(1)To decide if a person is disqualified from becoming or continuing as the commissioner, the Minister may ask the commissioner of the police service for—

(a)a written report about the criminal history of the person; and

(b)a brief description of the circumstances of a conviction mentioned in the criminal history.

(2)However, the Minister may make the request only if the person has given the Minister written consent for the request.(3)The commissioner of the police service must comply with the request.(4)However, the duty to comply applies only to information in the possession of the commissioner of the police service or to which the commissioner of the police service has access.(5)The Minister must ensure the report is destroyed as soon as practicable after it is no longer needed for the purpose for which it was requested.52Term (1)The commissioner holds office for the term stated in the commissioner’s instrument of appointment.(2)The stated term must not be more than 5 years.(3)The commissioner may be reappointed.53Remuneration and conditions(1)The commissioner is to be paid the remuneration and other allowances decided by the Governor in Council.(2)The remuneration must not be reduced during the commissioner’s term of office without the commissioner’s written consent.(3)The commissioner holds office on the terms and conditions, not provided for by this Act, that are decided by the Governor in Council.54Removal by Governor in CouncilThe Governor in Council may, on the Minister’s recommendation, remove the commissioner from office if the Minister is satisfied the commissioner—

(a)has engaged in—

(i)inappropriate or improper conduct in an official capacity; or

(ii)inappropriate or improper conduct in a private capacity that reflects seriously and adversely on the office; or

(b)has become incapable of performing the commissioner’s functions; or

(c)has neglected the commissioner’s duties or performed the commissioner’s functions incompetently.

55Vacancy in officeThe office of the commissioner becomes vacant if the commissioner—

(a)completes a term of office and is not reappointed; or

(b)resigns office by signed notice given to the Minister; or

(c)becomes disqualified under section 50 from continuing as commissioner; or

(d)is removed under section 54 as commissioner.

56Commissioner not to engage in other paid employmentThe commissioner must not, without the Minister’s prior written approval—

(a)engage in paid employment outside the responsibilities of the office of the commissioner; or

(b)actively take part in the activities of a business, or in the management of a corporation carrying on a business.

57Conflicts of interestIf the commissioner has an interest that conflicts, or may conflict, with the discharge of the commissioner’s responsibilities, the commissioner—

(a)must disclose the nature of the interest and conflict to the Minister as soon as practicable after the relevant facts come to the commissioner’s knowledge; and

(b)must not take action or further action concerning a matter that is, or may be, affected by the conflict unless authorised by the Minister.

58Functions(1)The commissioner has the following functions—

(a)advising the Minister on matters relating to safety and health in the resources sector;

(b)responding to requests by the Minister for advice on particular matters, including, for example, the strategic direction of RSHQ;

(c)fulfilling the following roles—

(i)chairperson of the coal mining safety and health advisory committee;

(ii)chairperson of the mining safety and health advisory committee;

(d)engaging with representatives of the explosives sector, and petroleum and gas sector, about promoting and protecting the safety and health of persons who may be affected by the operation of those sectors;

(e)monitoring, reviewing, and reporting to the Minister on the performance of RSHQ’s functions.

(2)The commissioner also has the functions given to the commissioner under this Act or another Act.(3)The commissioner must, in performing the commissioner’s functions, act independently, impartially and in the public interest.59Powers(1)The commissioner has the power to do anything necessary or convenient to be done for the performance of the commissioner’s functions.(2)The commissioner also has the powers given to the commissioner under this Act or another Act.60Acting commissioner (1)The Minister may appoint a person to act as commissioner—

(a)during a vacancy in the office; or

(b)during any period, or during all periods, when the commissioner is absent from duty or from the State or is, for another reason, unable to perform the duties of the office.

(2)The acting commissioner is appointed under this Act and not the Public Service Act 2008.61Preservation of rights(1)This section applies if a public service officer is appointed as the commissioner.(2)The person keeps all rights accrued or accruing to the person as a public service officer as if service as the commissioner were a continuation of service as a public service officer.(3)Without limiting subsection (2), the person’s appointment does not—

(a)prejudice the person’s existing or accruing rights to superannuation or recreation, sick, long service or other leave; or

(b)interrupt continuity of service, except that the employee is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service; or

(c)entitle the person to a payment or other benefit because the person is no longer a public service officer.

(4)At the completion of the person’s term of office under section 55(a) or resignation as the commissioner under section 55(b)—

(b)the person’s service as the commissioner is taken to be service of a like nature in the public service for deciding the person’s rights as an officer of the public service.

62Staff services from government agency(1)The commissioner may, with the agreement of the chief executive of a government agency, arrange for the services of officers or employees of the agency to be made available to the commissioner.(2)An officer or employee whose services are made available under subsection (1)—

(a)continues to be an officer or employee of the government agency; and

(b)continues to be employed or otherwise engaged by the government agency on the same terms and conditions applying to the officer or employee immediately before the services were made available; and

(c)is subject to the direction of the commissioner only in relation to the services made available to the commissioner and for the performance of the commissioner’s functions.

(3)Nothing in subsection (1) requires the chief executive of a government agency to enter into an arrangement mentioned in that subsection.(4)In this section—chief executive includes—

(a)for RSHQ—the CEO; or

(b)for the employing office—the executive officer.

government agency means—

(a)a department or an administrative unit within a department; or

(b)a government owned corporation or a subsidiary of a government owned corporation; or

(c)an entity that is established under an Act and represents the State, including, for example, RSHQ or the employing office; or

(d)a local government.

63Ministerial direction(1)The Minister may give a written direction to the commissioner about the performance of the commissioner’s functions or the exercise of the commissioner’s powers if the Minister is satisfied it is necessary to give the direction in the public interest.(2)Without limiting subsection (1), the direction may be to give reports and information to the Minister.(3)The direction can not be about the content of any advice or recommendation given by the commissioner.(4)The commissioner must—

(a)comply with the direction; and

(b)publish a copy of the direction on a Queensland government website.

64Annual report(1)The commissioner must—

(a)prepare and give to the Minister a written report about the operations of the commissioner during each financial year; and

(b)as soon as practicable after it is given to the Minister, publish it on a Queensland government website.

(2)The report must be given within 4 months after the end of the financial year to which the report relates.(3)The report must include—

(a)details of the functions performed by the commissioner during the year; and

(b)information about how efficiently and effectively the commissioner has performed the commissioner’s functions, including, for example, identifying key achievements and financial and non-financial performance; and

(c)details of—

(i)any interest disclosed by the commissioner under section 57(a); and

(ii)any action authorised by the Minister under section 57(b); and

(d)details of—

(i)each direction given by the Minister under section 63 during the financial year to which the report relates; and

(ii)action taken by the commissioner because of the direction.

(4)The report must not be prepared in a way that discloses confidential information.(5)The Minister must table a copy of the report in the Legislative Assembly within 14 sitting days after receiving it.65Annual budget(1)The commissioner must, before each 31 March, prepare, in consultation with the CEO, a budget of estimated costs of the commissioner for the next financial year.(2)The Minister must approve, or refuse to approve, a budget by each 31 May.(3)However, a failure by the Minister to act under subsection (2) does not prevent the Minister approving, or refusing to approve, a budget at later time.(4)A budget has no effect until it has been approved by the Minister on the recommendation of the commissioner and the CEO.(5)During a financial year the commissioner may prepare, in consultation with the CEO, amendments to the budget for that year.(6)An amendment of a budget has no effect until it has been approved by the Minister on the recommendation of the commissioner and the CEO.(7)If the commissioner and the CEO differ about what should be recommended to the Minister for an approval under this section, the Minister may still give the approval.(8)The commissioner may spend money in a financial year only under the budget for that year, unless the Minister otherwise approves.(9)This section does not require the commissioner or the CEO to give the Minister any details that would, if given, prejudice a current investigation.Part 5General66Disclosure of informationA person must not disclose information concerning the personal affairs of a person or commercially sensitive information obtained by the person in the administration of this Act, unless the disclosure is made—

(a)with the consent of the person from whom the information was obtained; or

(b)in the administration of this Act; or

(c)in a proceeding under this Act or a report of the proceeding; or

(d)in a proceeding before a court in which the information is relevant to the issue before the court.

Maximum penalty—100 penalty units.67CEO may disclose information to particular entities(1)The CEO may disclose anything that comes to the CEO’s knowledge under this Act or a Resources Safety Act to a prescribed entity if the CEO is satisfied the disclosure would assist in the performance of the prescribed entity’s functions under an Act or another law.(2)Subsection (1) applies despite section 66 and the prescribed confidentiality provisions.(3)In this section—prescribed confidentiality provision means—

(a)the Coal Mining Safety and Health Act 1999, section 275A; or

(b)the Explosives Act 1999, section 132; or

(c)the Mining and Quarrying Safety and Health Act 1999, section 255; or

(d)the Petroleum and Gas (Production and Safety) Act 2004, chapter 6, part 5.

prescribed entity means—

(a)the chief executive of a department in which a Resource Act is administered; or

(b)the WHS prosecutor; or

(c)the director of public prosecutions.

Resource Act see the Mineral and Energy Resources (Common Provisions) Act 2014.WHS prosecutor see the Work Health and Safety Act 2011, schedule 2, section 25.68Regulation-making powerThe Governor in Council may make regulations under this Act.Part 6Transfer notices69Definitions for partIn this part—instrument means any document, and includes—

(a)a written or oral agreement; and

(b)an application; and

(c)an accreditation, approval, certificate, entitlement, exemption, licence, manual, notice, permit, plan and any other authority.

right includes power, privilege and immunity.transfer notice see section 70(1).70Minister may make transfer notice(1)For the purpose of the establishment of RSHQ or the employing office, the Minister may, by gazette notice (a transfer notice), do any of the following—

(a)transfer a business, asset or liability of the State to RSHQ or the employing office;

(b)grant a lease, easement or other right from the State to RSHQ or the employing office;

(c)vary or extinguish a lease, easement or other right held by the State;

(d)in relation to a lease held under the Land Act 1994—

(i)transfer the lease; or

(ii)change a purpose for which the lease is issued; or

(iii)change a condition imposed on the lease; or

(iv)grant a sublease;

(e)in relation to a reserve under the Land Act 1994—

(i)change a community purpose for which the reserve is dedicated; or

(ii)remove a trustee of the reserve; or

(iii)appoint a trustee of the reserve, subject to conditions or without conditions;

(f)provide whether and, if so, the extent to which, RSHQ is the successor in law of the State;

(g)make provision for a legal proceeding that is being, or may be, taken by or against the State to be continued or taken by or against RSHQ or the employing office;

(h)make provision for or about the issue, transfer or application of an instrument to RSHQ or the employing office.

(2)A transfer notice may include conditions applying to something done or to be done under the notice.(3)If the Minister is satisfied it would be inappropriate for a particular matter to be stated in a transfer notice (for example, because of the size or nature of the matter), the Minister may provide for the matter by including a reference in the transfer notice to another document that is—

(a)signed by the Minister; and

(b)kept available, at a place stated in the transfer notice, for inspection by the persons to whom the matter relates.

(4)The transfer of a liability of the State under a transfer notice discharges the State from the liability, other than to the extent stated in the notice.(5)A transfer notice has effect despite any other law or instrument.(6)A transfer notice has effect on the day it is published in the gazette or a later day stated in it.(7)If a transfer notice makes provision for a matter under subsection (1)(h) in relation to an instrument, the responsible entity for the instrument must take the action necessary to register or record the effect of the transfer notice, including—

(a)updating a register or other record; and

(b)amending, cancelling or issuing an instrument.

(8)In this section—asset includes a right.lease includes any derivative under lease of the lease.responsible entity, for an instrument, means the entity required or authorised by law to register or record matters in relation to the instrument.71Application of instruments(1)This section applies if a transfer notice provides for an instrument that applied to an entity (the transferor) to apply to another entity (the transferee) in place of the transferor.(2)Without limiting the application of the transfer notice to the instrument—

(a)any right, title, interest or liability of the transferor arising under or relating to the instrument is taken to be transferred from the transferor to the transferee; and

(b)if the instrument, including a benefit or right provided by the instrument, is given to, by or in favour of the transferor, the instrument is taken to have been given to, by or in favour of the transferee; and

(c)the transferee is taken to be a party to the instrument in place of the transferor; and

(d)a reference in the instrument to the transferor is, to the extent possible and if the context permits, taken to be a reference to the transferee; and

(e)if an application was made for the instrument in the name of the transferor, the application is taken to have been made in the name of the transferee; and

(f)if the instrument is an instrument under which an amount is or may become payable to or by the transferor, the instrument is taken to be an instrument under which the amount is or may become payable to or by the transferee, in the way the amount was or might have been payable to or by the transferor; and

(g)if the instrument is an instrument under which property, other than money, is or may become liable to be transferred, conveyed or assigned to or by the transferor, the instrument is taken to be an instrument under which the property is or may become liable to be transferred, conveyed or assigned to or by the transferee, in the way it was or might have been liable to be transferred, conveyed or assigned to or by the transferor.

Part 7Amendment of Acts and subordinate legislationDivision 1Amendment of this Act72Act amendedThis division amends this Act. 73Amendment of long title(1)Long title, ‘, provide for’—omit, insert—and provide for(2)Long title, from ‘, and to amend’—omit.Division 2Amendment of Coal Mining Safety and Health Act 199974Act amendedThis division amends the Coal Mining Safety and Health Act 1999. Note—See also the amendments in schedule 2.75Amendment of s 7 (How objects are to be achieved)Section 7(l)—omit.76Amendment of s 72 (Recognised standards)Section 72(3) and (4)—omit, insert—(3)The CEO must publish on a Queensland government website each recognised standard and any document applied, adopted or incorporated by the standard.(4)In this section—Queensland government website means a website with a URL that contains ‘qld.gov.au’, other than the website of a local government.77Omission of pt 5A (Commissioner for Mine Safety and Health)Part 5A—omit.78Amendment of s 76 (Functions of committee)(1)Section 76, heading, ‘Functions’—omit, insert—Primary function(2)Section 76(1), after ‘coal mines’—insert—and persons who may be affected by coal mining operations(3)Section 76(2), from ‘reviewing’—omit, insert—reviewing the effectiveness of the control of risk to any person from coal mining operations.(4)Section 76(3) and (4)—omit.79Insertion of new s 76AAfter section 76—insert—76AOther functions of committeeThe committee also has the following functions—

(a)recognising, establishing and publishing the following competencies—

(i)the competencies accepted by the committee as qualifying a person to perform the tasks prescribed by regulation;

(ii)the safety and health competencies required to perform the duties of a person under this Act;

(b)developing a 5-year strategic plan for improving the safety and health of persons at coal mines and persons who may be affected by coal mining operations;

(c)periodically evaluating, and at least once each year updating, the 5-year strategic plan;

(d)developing action plans to achieve measurable targets set in the 5-year strategic plan;

(e)obtaining information from RSHQ to assess the fulfilment of the 5-year strategic plan and the action plans mentioned in paragraph (d);

(f)identifying and prioritising critical risks to the safety and health of persons at coal mines and persons who may be affected by coal mining operations;

(g)providing advice to the coal mining industry about the risks mentioned in paragraph (f);

(h)providing information to the Minister about the performance of RSHQ.

80Amendment of s 250 (Proof of appointments and authority unnecessary)Section 250(1), ‘chief executive’—omit, insert—CEO, the WHS prosecutor 81Amendment of s 251 (Proof of signatures unnecessary)Section 251, ‘chief executive’—omit, insert—CEO, the WHS prosecutor82Amendment of s 252 (Evidentiary aids)Section 252(5), definition certificate, ‘chief executive’—omit, insert—CEO, the WHS prosecutor83Amendment of s 255 (Proceedings for offences)(1)Section 255(5)—omit, insert—(5)A proceeding for an offence against this Act may only be taken by—

(a)if the offence is a serious offence—the WHS prosecutor; or

(b)otherwise—the CEO or the WHS prosecutor.

(5A)However, the CEO may authorise in writing another appropriately qualified person to take a proceeding for an offence mentioned in subsection (5)(b).(5B)An authorisation under subsection (6) may be general or limited to a particular proceeding or class of proceedings. (2)Section 255(6), ‘subsection (5)(c)’—omit, insert—subsection (6)(3)Section 255—insert—(6A)In deciding whether to bring a prosecution for an offence under this Act, the WHS prosecutor must have regard to any guidelines issued under the Director of Public Prosecutions Act 1984, section 11.(4)Section 255(7)—insert—serious offence means—

(a)an offence against section 34 if the contravention—

(i)caused multiple deaths; or

(ii)caused death or grievous bodily harm; or

(iii)caused bodily harm; or

(iv)involved exposure to a substance that is likely to cause death or grievous bodily harm; or

(b)an offence prescribed by regulation for this paragraph.

(5)Section 255(5A) to (7)—renumber as section 255(6) to (10).84Replacement of s 256 (Recommendation to prosecute)Section 256—omit, insert—256WHS prosecutor may ask CEO for information(1)The WHS prosecutor may ask the CEO for information relevant to the performance of a function of the WHS prosecutor under this Act.(2)The CEO must take reasonable steps to provide the information.(3)In this section—information includes a document.256A CEO’s duty to disclose information to WHS prosecutor(1)This section applies in relation to a proceeding for an offence against this Act brought by the WHS prosecutor.(2)The CEO has a duty to disclose to the WHS prosecutor all information relevant to the proceeding, including knowledge of a matter relevant to the proceeding, in the possession or control of the CEO.(3)The duty continues until the proceeding is finally decided or otherwise ends.(4)In this section—information includes a document.256B Procedure if prosecution not brought(1)This section applies if—

(a)a person reasonably considers that an act or omission constitutes a serious offence under section 255(10); and

(b)no prosecution has been brought in relation to the act or omission; and

(c)at least 6 months but no more than 12 months has elapsed from when the act or omission happened.

(2)The person may make a written request to the WHS prosecutor that a prosecution be brought in relation to the act or omission.(3)Within 3 months after the WHS prosecutor receives the request, the WHS prosecutor must give the person, and any other person whom the person believes committed the serious offence, a notice in writing stating—

(a)whether the investigation of the act or omission is complete; and

(b)if the investigation of the act or omission is complete, whether a prosecution has been or will be brought in relation to the act or omission; and

(c)if the advice under paragraph (b) is that a prosecution has not been or will not be brought—the reasons for not bringing the prosecution.

(4)Also, if the WHS prosecutor gives a notice under subsection (3)(b) that a prosecution has not been or will not be brought, the WHS prosecutor must—

(a)advise in the notice that the person may ask the WHS prosecutor to refer the matter to the director of public prosecutions for consideration; and

(b)if the person asks the WHS prosecutor in writing to refer the matter to the director of public prosecutions—refer the matter to the director of public prosecutions for consideration within 1 month after the person makes the request.

(5)The director of public prosecutions must consider the matter and within 1 month after the matter is referred give the WHS prosecutor advice in writing stating whether the director considers a prosecution should be brought.(6)The WHS prosecutor must give a copy of the advice under subsection (5) to—

(a)the person who made the request under subsection (2); and

(b)any other person whom the person mentioned in paragraph (a) believes committed the serious offence.

(7)If the WHS prosecutor declines to follow advice given under subsection (5) to bring proceedings, the WHS prosecutor must give written reasons for the decision to each person mentioned in subsection (6). 85Amendment of s 264 (Costs of investigation)Section 264(1)—omit, insert—(1)If a court convicts a person of an offence against this Act, the court may order the person to pay the reasonable costs incurred by RSHQ in investigating, and preparing for the prosecution of, the offence. 86Amendment of s 267A (Applying for injunction)Section 267A(1), ‘commissioner’—omit, insert—CEO87Amendment of s 275AC (Public statements)(1)Section 275AC(1) and (3), ‘chief executive, commissioner’—omit, insert—CEO(2)Section 275AC(1)(c), ‘chief executive’—omit, insert—CEO88Amendment of s 277 (Delegations)(1)Section 277, heading—omit, insert—277Delegation by Minister or CEO(2)Section 277(1)—omit, insert—(1)The Minister or CEO (the person) may delegate the person’s functions and powers under this Act to an appropriately qualified person.(3)Section 277(3)—omit.89Amendment of s 282 (Regulation-making power)(1)Section 282(3), from ‘the department’s activities’—omit, insert—activities, carried out under this Act or another Act, relating to safety and health for coal mining operations.(2)Section 282(4)(g), ‘to the chief executive’—omit.90Insertion of new pt 20, div 8Part 20—insert—Division 8Transitional provisions for Resources Safety and Health Queensland Act 2020311Definitions for divisionIn this division—corresponding provision, for a provision of the pre-amended Act, means a provision of this Act that provides for the same, or substantially the same, matter as the provision of the pre-amended Act.pre-amended Act means this Act as in force before the commencement.312Functions performed and powers exercised by chief executive A function performed, or power exercised, by the chief executive under a provision of the pre-amended Act, if the context permits, is taken to have been performed, or exercised, by the CEO under the corresponding provision.313References to chief executive(1)This section applies if—

(a)a provision of the pre-amended Act mentioned the chief executive; and

(b)a corresponding provision mentions the CEO.

(2)In a document made under or relating to the provision of the pre-amended Act, if the context permits, a reference to the chief executive is taken to be a reference to the CEO.314Functions performed and powers exercised by Commissioner for Mine Safety and Health (1)A function performed, or power exercised, by the Commissioner for Mine Safety and Health under a provision of the pre-amended Act, if the context permits, is taken to have been performed, or exercised, by the Commissioner for Resources Safety and Health under the corresponding provision.(2)Subsection (1) is subject to section 316.315References to Commissioner for Mine Safety and Health(1)This section applies if—

(a)a provision of the pre-amended Act mentioned the Commissioner for Mine Safety and Health; and

(b)a corresponding provision mentions the Commissioner for Resources Safety and Health.

(2)In a document made under or relating to the provision of the pre-amended Act, if the context permits, a reference to the Commissioner for Mine Safety and Health is taken to be a reference to the Commissioner for Resources Safety and Health.(3)Subsection (2) is subject to section 316.316Existing proceedings(1)This section applies to the following proceedings started before the commencement—

(a)a proceeding for an offence against the pre-amended Act started by—

(i)the Commissioner for Mine Safety and Health; or

(ii)the chief executive or another appropriately qualified person with the written authorisation of the chief executive;

(b)a proceeding for an injunction, interim injunction, or to rescind or vary an injunction, under the pre-amended Act, started by the Commissioner for Mine Safety and Health;

(c)an appeal against a decision made on a proceeding mentioned in paragraph (a) or (b).

(2)If, immediately before the commencement, the proceeding had not been finally dealt with, on the commencement—

(a)if the proceeding was brought by the Commissioner for Mine Safety and Health and is in relation to a serious offence within the meaning of section 255(10)—the WHS prosecutor becomes a party to the proceeding in place of the commissioner; and

(b)if the proceeding is a proceeding other than a proceeding mentioned in paragraph (a)—the CEO becomes a party to the proceeding in place of the person who started the proceeding.

(3)For a proceeding mentioned in subsection (2)(b), on the commencement or at any time after the commencement, the CEO may authorise in writing another appropriately qualified person, including, for example, the WHS prosecutor, to become a party to the proceeding in place of the CEO.317Costs of investigation(1)This section applies if a court convicts a person of an offence against this Act after the commencement.(2)The court may order the person to pay the reasonable costs of investigating the offence, including reasonable costs of preparing for the prosecution of the offence, whether the costs were incurred by the department or RSHQ, and whether the offence was committed before or after the commencement.318References to department(1)This section applies if—

(a)a provision of the pre-amended Act mentioned the department; and

(b)a corresponding provision mentions RSHQ.

(2)In a document made under or relating to the provision of the pre-amended Act, if the context permits, a reference to the department is taken to be a reference to RSHQ.91Amendment of sch 3 (Dictionary)(1)Schedule 3, definitions chief executive and commissioner—omit.(2)Schedule 3—insert—CEO means the chief executive officer of RSHQ.commissioner means the Commissioner for Resources Safety and Health appointed under the Resources Safety and Health Queensland Act 2020, section 48.RSHQ means the statutory body called Resources Safety and Health Queensland established under the Resources Safety and Health Queensland Act 2020, section 5.WHS prosecutor see the Work Health and Safety Act 2011, schedule 2, section 25.(3)Schedule 3, definition official, paragraph (b)—omit, insert—

(b)the CEO; or

(ba)the WHS prosecutor; or

(4)Schedule 3, definition official, paragraphs (ba) to (k)—renumber as paragraphs (c) to (l).Division 3Amendment of Explosives Act 199992Act amendedThis division amends the Explosives Act 1999. Note—See also the amendments in schedule 2.93Amendment of s 76 (Report of offences)(1)Section 76(d)—omit, insert—

(d)the WHS prosecutor;

(da)the CEO;

(2)Section 76(f)—omit.(3)Section 76(da) and (e)—renumber as section 76(e) and (f).94Amendment of s 106A (Applying for injunction)Section 106A(1), ‘commissioner for mine safety and health’— omit, insert—CEO95Amendment of s 118 (Proceeding for offence)(1)Section 118(1), from ‘Justices Act 1886 on’—omit, insert—Justices Act 1886.(2)Section 118—insert—(1A)A proceeding for an offence against this Act may only be taken on the complaint of—

(a)if the offence is a serious offence—the WHS prosecutor; or

(b)otherwise—the CEO or the WHS prosecutor.

(1B)However, the CEO may authorise in writing another appropriately qualified person to take a proceeding for an offence mentioned in subsection (2)(b).(1C)An authorisation under subsection (3) may be general or limited to a particular proceeding or class of proceedings. (1D)In deciding whether to bring a prosecution for an offence under this Act, the WHS prosecutor must have regard to any guidelines issued under the Director of Public Prosecutions Act 1984, section 11.(3)Section 118—insert—(7)In this section—serious offence means—

(a)an offence against section 32 if the contravention—

(i)caused multiple deaths; or

(ii)caused death or grievous bodily harm; or

(iii)caused bodily harm; or

(iv)involved exposure to a substance that is likely to cause death or grievous bodily harm; or

(b)an offence prescribed by regulation for this paragraph.

(4)Section 118(1A) to (2)—renumber as section 118(2) to (6).96Insertion of new ss 118A–118CAfter section 118—insert—118A WHS prosecutor may ask CEO for information(1)The WHS prosecutor may ask the CEO for information relevant to the performance of a function of the WHS prosecutor under this Act.(2)The CEO must take reasonable steps to provide the information.(3)In this section—information includes a document.118B CEO’s duty to disclose information to WHS prosecutor(1)This section applies in relation to a proceeding for an offence against this Act brought by the WHS prosecutor.(2)The CEO has a duty to disclose to the WHS prosecutor all information relevant to the proceeding, including knowledge of a matter relevant to the proceeding, in the possession or control of the CEO.(3)The duty continues until the proceeding is finally decided or otherwise ends.(4)In this section—information includes a document.118C Procedure if prosecution not brought(1)This section applies if—

(a)a person reasonably considers that an act or omission constitutes a serious offence under section 118(7); and