Information for prospective statutory position candidates under the new WHS legislation

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A person holding a certificate of competency issued under the MSI Act/Regulations will be taken to have the equivalent certificate issued under WHS Mines Regulations for a period of 3 years. To continue to hold the equivalent certificate beyond this period, the person must pass the applicable legislation examination and successfully complete the risk management unit (Work Health and (Mines) Regulations 2022 -transitional and savings provisions - information sheet).

The WHS (Mines) Regulations 2022 detail the requirements for the appointment of persons to statutory positions, which have specific workplace health and safety responsibilities.

Statutory positions are classified in several categories, which impose different obligations on the appointed person and require different levels of knowledge, experience and formal qualifications.

Competency requirements

In addition to any role-specific requirements, such as tertiary qualifications or years of mining-related experience, all statutory positions, except for authorised mine surveyor (Grades 1 and 2), winding engine driver and high voltage operator, must complete prescribed national Units of Competency in workplace health and safety risk management.  

All candidates for appointment to statutory positions, except for winding engine driver and high voltage operator, must pass an examination on mining health and safety law.

Statutory positions Law and risk Risk only Law only Neither
Site senior executive X      
Exploration manager X      
Underground manager (non-coal) X      
Underground manager (coal) X      
Quarry manager (and restricted QM) X      
Authorised mine surveyor G1 (u/ground)     X  
Authorised mine surveyor G2 (quarry)     X  
Statutory supervisor X      
Underground supervisor (non-coal) X      
Underground supervisor (coal) X      
Mine air quality officer X      
Underground ventilation officer X      
Radiation safety officer (NORM) X      
Noise officer X      
Electrical supervisor   X    
High voltage operator       X
Winding engine driver       X


Statutory certificates

As well as the examination requirements, some statutory positions require statutory certificates. Candidates who are applying for these certificates must submit a portfolio of evidence, for assessment by the Competency Advisory Committee (on behalf of the Regulator). 

  • First class mine manager’s certificate for non-coal mines
  • First class mine manager’s certificate for coal mines
  • Quarry manager’s certificate
  • Underground supervisor’s certificate
  • Deputy’s certificate for underground coal mines
  • Restricted quarry manager’s certificate
  • Authorised mine surveyor’s certificate (Grade 1)
  • Authorised mine surveyor’s certificate (Grade 2)

The detailed requirements for obtaining these certificates are given in the WHS (Mines) Regulations.  Prospective candidates should familiarise themselves with these requirements.


An online examination system is being developed to streamline and simplify the process. It is expected that first phase of examinations will be operational in late 2022.

While the new system is being finalised and tested, all examinations are suspended and new applications cannot be accepted. Please sign up to the weekly Safety News Alert to stay up to date with the new process and be advised when the new examination system is launched.


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