Mine Health and Safety Act 2004 No 74
95 Boards of Inquiry
(1) This section applies if it appears to the Minister that an
investigation of any of the following is necessary:
(a) any event causing death or serious injury at a mine and its causes
(b) any dangerous occurrence at a mine and its causes and
(c) any practice at a mine that, in the opinion of the Minister,
adversely affects or is likely to adversely affect the safety or health of
persons employed at the mine,
(d) any matter relating to the safety, health, conduct or discipline
of persons at or in relation to a mine.
(2) If this section applies, the Minister may constitute a person as a
Board of Inquiry to conduct a special inquiry into the event, occurrence,
practice or matter.
(3) A Board of Inquiry may, at a special inquiry conducted by it, take
evidence on oath or affirmation and, for that purpose, the person constituting
(a) may require a person appearing at the inquiry to give evidence, to
take an oath or to make an affirmation in a form approved by the person
(b) may administer an oath to, or take an affirmation from, a person
appearing at the inquiry.
(4) In conducting a special inquiry, a Board of Inquiry:
(a) is not bound to act in a formal manner, and
(b) is not bound by the rules of evidence and may inform itself on any
matter in any way that it considers appropriate.
(5) If the Board of Inquiry agrees, an agent (including an Australian
legal practitioner) may represent a person or body at the special
(6) A Board of Inquiry, when conducting, and making a determination in
respect of, a special inquiry is to sit with an assessor or 2 or more
assessors appointed by the Minister for the purposes of the
(7) An assessor sitting with a Board of Inquiry has the power to
advise the Board of Inquiry but not to adjudicate on any matter before the
Board of Inquiry.
(8) A Board of Inquiry has the right to consult, either collectively
or individually, and either in public or in private, with assessors sitting
(9) A Board of Inquiry conducting a special inquiry may be assisted by
an Australian legal practitioner appointed by the Minister for the purposes of
(10) A Board of Inquiry is to determine its own procedure, except as
provided by this Act.