Division 2 Functions of approved companies

10   General functions

(1)  An approved company must exercise such of the following functions as are specified in its notice of approval:

(a)  providing occupational health and rehabilitation services for workers engaged in the coal industry, including providing preventive medical services, monitoring workers’ health and investigating related health matters,

(b)  collecting, collating and disseminating accident and other statistics relating to the health and safety of workers engaged in the coal industry,

(c)  collecting, collating and disseminating other statistics related to the coal industry,

(d)  referring matters relating to the safety of workers engaged in the coal industry, as it thinks fit, to the Chief Inspector of coal mines appointed under section 7 of the Coal Mines Regulation Act 1982 for consideration,

(e)  reporting to the Minister as it thinks fit, or when requested by the Minister, on matters related to the health or welfare of workers engaged in the coal industry, or on any other matter arising out of its functions,

(f)  publishing reports and information of public interest concerning or arising out of its functions,

(g)  promoting the welfare of workers and former workers in the coal industry in the State, their dependants and communities in coal mining areas,

(h)  monitoring, promoting and specifying adequate training standards relating to health and safety for workers engaged in the coal industry,

(i)  approving training schemes for the purposes of Division 8 of Part 4 of the Coal Mines Regulation Act 1982,

(j)  monitoring dust in coal mines,

(k)  providing mines rescue and other services in accordance with Division 3 of this Part and Part 4,

(l)  establishing or administering (or establishing and administering), or providing administrative services in respect of, superannuation schemes for the benefit of either or both of the following:

(i)  mine workers (within the meaning of the Coal and Oil Shale Mine Workers (Superannuation) Act 1941), former mine workers and their dependants,

(ii)  employees of the approved company, former employees and their dependants,

(m)  establishing or administering (or establishing and administering), or providing, workers compensation insurance schemes in relation to workers engaged in the coal industry.

(2)  In addition, an approved company may do either or both of the following:

(a)  provide courses in the production and utilisation of coal under international development assistance programs sponsored or administered by the Commonwealth Government or approved by the Minister,

(b)  undertake, or take part in, any other activities of benefit to the coal industry in New South Wales as determined by the directors of the company from time to time.

11   Ancillary functions

For the purpose of exercising its functions, an approved company may:

(a)  undertake or arrange for research, inquiries, investigations, surveys, tests and inspections, and

(b)  require the keeping and furnishing of statistics, returns and other information relating to matters concerning or arising out of the company’s functions under this Act.

12   Powers relating to health of mine workers

(1)  If an approved company is of the opinion that the health of workers at a coal mine is endangered, or is likely to be endangered, by any conditions at the mine or methods in operation at the mine, the approved company may, by notice in writing, require the owner or manager of the mine to do or refrain from doing such things specified in the notice as are necessary to protect the health of the workers.

(2)  An owner or manager of a coal mine must not, without reasonable excuse, refuse or fail to comply with a requirement made under this section.

Maximum penalty: 200 penalty units in the case of a corporation or 50 penalty units in the case of an individual.

(3)  However, the owner or manager concerned may apply to the Tribunal for a review of a decision of an approved company imposing a requirement under this section.

(4)  If such an application is made:

(a)  proceedings against the applicant for an offence under this section may not be instituted, and

(b)  any such pending proceedings are stayed,

      until the completion of the review process.

(5)  In this section, approved company means an approved company whose approval extends to the exercise of functions under this section.

13   Orders of approved company

(1)  An approved company may, with the approval of the Minister, make orders, not inconsistent with this Act or the regulations, for or with respect to the approved company’s functions.

(2)  Without limiting subsection (1), an order under this section may make requirements of the kind specified in section 11 (b).

(3)  An approved company may, with the approval of the Minister, by order vary or revoke any order made under this section.

(4)  An order made under this section:

(a)  must be published in the Gazette, and

(b)  takes effect on the day it is so published (or, if a later day is specified in the order for that purpose, on the later day so specified).

(5)  Subsection (4) (b) does not prevent an order from specifying different days in relation to different portions of the order.

(6)  A person must not, without reasonable excuse, refuse or fail to comply with an order made under this section.

Maximum penalty: 200 penalty units in the case of a corporation or 50 penalty units in the case of an individual.

(7)  However, a person who is required to comply with an order made under this section may apply to the Tribunal for a review of the decision of the approved company that gave rise to the order.

(8)  If such an application is made:

(a)  proceedings against the applicant for an offence under this section may not be instituted, and

(b)  any such pending proceedings are stayed,

      until the completion of the review process.