The Queensland Law Society has called for amendments to a Bill to establish a new Mining and Resources Coroner be broadened to expand the range of mining-related deaths that can be investigated.
The recommendation was made when QLS Criminal Law Committee member Adam Moschella, QLS Industrial Law Committee member Rohan Tate and QLS Senior Policy Solicitor Bridget Cook appeared at a public hearing into the Coroners (Mining and Resources Coroner) Amendment Bill 2025 yesterday.
The Bill, introduced into the Queensland Parliament in June, seeks to establish the position of a specialist Mining and Resources Coroner to undertake coronial investigations and inquests into certain mining-related deaths.
Addressing the Primary Industries and Resources Committee at the hearing, Bridget said there were two broad categories of deaths that were currently outside of the scope of the proposed reforms that ought to be included: deaths from motor vehicle accidents travelling to and from work sites, and deaths occurring from illness or diseases such as dust disease.
“The advice from the department is that these deaths could be referred to the Mining and Resources Coroner if the circumstances warranted,” she said.
“The Bill’s objectives are best achieved by including these deaths within new section 11AAA(3) and we respectfully ask the committee to make this recommendation.”
Additionally, QLS supported calls made by other witnesses and submissions to the committee for self-inflicted injury and suicides to be included in the Mining and Resources Coroner’s remit to ensure specialist scrutiny of industry-specific factors contributing to such deaths.
QLS representatives took questions from the committee members about issues such as how deaths from dust disease would eventually come to a specialist mining coroner given the potential late onset of such diseases, and the length of appointments for similar roles.
The committee asked several questions about whether road fatalities involving workers commuting to and from worksites should fall within the scope of investigations conducted by the proposed Mining and Resources Coroner.
Member for Mackay Nigel Dalton asked if QLS had any comments on where those lines of investigation should lie.
“As a general proposition, we have remote mine sites that people are driving in and driving out of, or flying in and flying out of, and are only there as a consequence of the work,” Rohan said
“In terms of the submission around fatigue related or driving fatalities, the view is that they should be included because people would not be there but for the fact that they are travelling for work.”
Member for Mirani Glen Kelly sought further explanation as to why road accidents involving workers travelling to and from site should be included in the Bill.
“It has already been documented that driving in and out from site and coalmine workers’ fatigue can lead to fatalities and has an impact on society,” Rohan said.
“If we are going to have a specialised Mining and Resources Coroner then this should be within the ambit because that is part of the skill set that I think we would be hoping that Mining and Resources Coroner builds.”
Adam said road deaths were relevant given sites had specific controls in place to manage fatigue.
“It is hard to say it is not relevant when sites are actively taking steps to ensure fatigue management. Those two things are at odds with each other in terms of carving it out,” he said.
The committee will table a report on its inquiry by 15 August 2025.
Read the QLS submission here.
Share this article