Mine Health and Safety Act 2004 No 74
Current version for 1 January 2014 to date (accessed 19 December 2014 at 02:26)

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 and circumstances,
(b)  any dangerous occurrence at a mine and its causes and circumstances,
(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 the Board:
(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 presiding, and
(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 inquiry.
(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 inquiry.
(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 with it.
(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 the inquiry.
(10)  A Board of Inquiry is to determine its own procedure, except as provided by this Act.
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