Demonstrating competency for statutory positions
The eligibility criteria for statutory positions, including the competency requirements to be met before a person may be appointed to a position, are listed in regulations 675ZI(1) for site senior executive and 675ZM(1) for exploration manager, and Schedule 26 of the Work Health and Safety (Mines) Regulations 2022 (WHS Mines Regulations) for the remaining statutory positions.
Some statutory positions require the appointee to hold an applicable statutory certificate, with requirements listed in Schedule 27 of the WHS Mines Regulations. These may include a qualification and the completion of examinations, WHS risk management units of competency and training, as well as meeting minimum age and experience requirements.
For some statutory positions, a certificate may be applicable that requires the completion of a mining practice examination in lieu of a qualification. However, there may be restrictions regarding the mining operations covered by the certificate.
The certification process is managed through the WHS Mines statutory positions portal. Applicants will use this online system to submit the portfolio of evidence for a particular statutory certificate. The relevant Competence Advisory Committee will assess the applicant’s suitability to hold the certificate. If the eligibility criteria are satisfied then the WorkSafe Commissioner, as the regulator, may grant the certificate.
Mutual recognition may apply for some certificates of competency issued in New South Wales, Queensland or New Zealand.
Automatic mutual recognition may apply for some certificates of competency issued in New South Wales.
For statutory positions that do not require the appointee to hold a statutory certificate, the criteria listed in regulations 675ZI(1) and 675ZM(1), and Schedule 26 of the WHS Mines Regulations specify whether a qualification is required to be eligible for appointment, as well as the completion of WHS risk management units of competency, the applicable legislation examination, or a specialist course, and the experience requirements to be met.
Approved WHS risk management units
To be eligible for appointment to all statutory positions, except authorised mine surveyor, winding engine driver and high voltage operator, a person must have completed the national units of competency in health and safety risk management approved for that position.
To be eligible for appointment to any statutory positions, except electrical supervisor, high voltage operator and winding engine driver, a person must pass the applicable examination on mining health and safety law.
This will be done as part of the statutory certification process for certificated statutory positions, using the WHS Mines statutory positions portal.
For non-certificated positions, the applicable legislation examinations will be available separately using the WHS Mines statutory positions portal.
The examination questions will be based on the:
- Work Health and Safety Act 2020
- Work Health and Safety (Mines) Regulations 2022
- Code of practice: Managing noise and preventing hearing loss at work (for noise officers only)
Mining practice examinations
Where a mining practice examination is required to satisfy the requirements of a statutory certificate, this will be done as part of the statutory certification process using the WHS Mines statutory positions portal. The examination may be written, oral or a combination.