The terms of reference set the scope and focus of the Inquiry. Download the terms of reference gazetted (PDF) on 22 May 2020.
An extraordinary gazette regarding the change in board membership was published on 23 June 2020.
An amendment gazette notice, published on 17 September 2020 by extraordinary gazette, confirmed the extension of the Board’s Terms of Reference.
Establishment of a Board of Inquiry Notice (No 01) 2020
1. This notice may be cited as the Establishment of a Board of Inquiry Notice (No 01) 2020.
Minister may establish a board of inquiry about a serious accident or high potential incident [s.202(1) of the Act]
2. Notice is hereby given that The Hon. Dr Anthony Lynham MP, Minister for Natural Resources, Mines and Energy has established a board of inquiry, whose membership is specified in Schedule 1 and terms of reference are specified in Schedule 2, about a serious accident that occurred at Grosvenor mine on 6 May 2020 and various high potential incidents involving longwall-related exceedances of methane that occurred in the Queensland coal mining industry between 1 July 2019 and 5 May 2020.
Board of Inquiry membership
Terms of reference of board of inquiry
2.1 In accordance with part 12 of the Act, the board is to:
2.2 Subject to section 215 of the Act, the board is to conduct its inquiry and deal with any evidence it may receive in such a way as to minimise the likelihood of prejudicing any contemporaneous investigations or any current or future proceedings, including investigations and proceedings for offences under the Act.
2.3 The board is to conduct its inquiry and deal with any evidence it may receive in such a way as to minimise, so far as possible, a person’s exposure to reprisal of the kind mentioned in section 275AA of the Act, where the person is giving evidence to the board and has identified that they fear reprisal as a result of giving evidence to the board, including conducting private hearings where considered appropriate and as permitted by s 208 of the Act.
2.4 The board may, if it considers it appropriate, provide the Minister with a separate report to that mentioned in 1(vi) or 1(vii), about any matters it considers are not suitable for publication, because publication might reasonably prejudice other investigations or proceedings, or if for other reasons the board considers the contents of the separate report should not be made public pursuant to section 203 of the Act.
2.5 However, if the board provides the Minister with a separate report under 4, any report provided under 1(vi) or 1(vii) must contain a statement that the board has provided the Minister with a separate report and the reasons for providing a separate report.
2.6 The board may hold hearings at times and in places, and in a manner, it considers appropriate, including holding hearings by way of audio or visual link.
2.7 The board may inspect or conduct a viewing of a place as reasonably necessary to inform its proceedings.
2.8 The board may, where it considers it appropriate, collaborate and share information with any investigative authorities in order to assist any investigations into the incidents.
2.9 Nothing in these terms of reference shall be taken to limit the board’s powers and functions under part 12 of the Coal Mining Safety and Health Act 1999.
1. Made by the Minister on 22 May 2020.
2. Published in the Gazette on 22 may 2020.
3. Not required to be laid before the Legislative Assembly.
4. The administering agency is the Department of Natural Resources, Mines and Energy.