Klass Looch Associates

Employer OHS Champion since 1986 


These Investigations may utilised by the Mine Health & Safety Inspectorate to conclude any mining mishap save for a fatal mining accident where a (Formal) Inquiry must be held unlike the OHS Act.


MHS Act. Section 60. Initiating investigations

 (1) The Chief Inspector of Mines of Mines must instruct an inspector to investigate any accident or occurrence at a mine that results in the death of any person.

 (2) At any time an inspector may investigate -

 (a) any accident or occurrence at a mine that results in the serious injury or serious illness of any person;

 (b) any occurrence, practice or condition concerning health or safety of persons at one or more mines; or

 (c) any actual or suspected contravention of, or failure to comply with, any provision of this Act.

 (3) If there is cause for concern on health or safety grounds, an inspector must investigate any matter referred to in subsection (2), if -

 (a)  instructed to do so by the Chief Inspector of Mines; or

 (b)  requested to do so by -

 (i)   a registered trade union with members at the mine or mines;

 (ii)   a health and safety representative or health and safety committee at the mine; or

 (iii)    if there is no health and safety representative, an employee at the mine.

MHS ACT Section 66. Investigation may be converted into inquiry.

(1) At any time during an investigation, the Chief Inspector of Mines may convert it into an inquiry.

(2) The provisions of sections 68 to 71 relating to attendance and examination of witnesses at inquiries apply equally to a converted investigation.

(3) Any person instructed or summoned to give evidence at an inquiry that was converted from an investigation is not entitled to refuse to give evidence only on the grounds that a statement had previously been given, or documents previously been adduced, during the investigation.

(4) This section does not preclude or limit holding an inquiry after an investigation has been completed.