Statutory certificates
Under transitional arrangements, if a competent person is not “appropriate” (does not yet satisfy the requirements to be appointed), they can still be appointed to a statutory position for the period ending on 31 March 2025.
After 31 March 2025, however, they must meet the prescribed elements for that statutory position to maintain their eligibility. This means passing the applicable legislation examination and successfully completing the applicable WHS risk management units. Statutory certificates are required for some appointments.
For those with certificates of competency recognised under the superseded legislation, the transitional arrangement also applies if they wish to continue to hold an equivalent certificate beyond 31 March 2025. This means nominees have almost two years to complete the eligibility criteria for their statutory position.
Statutory positions are appointed by the mine operator to carry out specific functions in relation to the operations of a mine. They are classified in several categories, with different functions and obligations, and levels of knowledge, experience and formal qualifications for the appointed persons, with some positions requiring statutory certificates.Following an assessment by the
relevant competence committee that an applicant is suitable to hold a certificate, a statutory certificate may be granted by the regulator.
Approved WHS risk management units
Under Work Health and Safety (Mines) Regulations 2022 [r. 675ZZJ(1)], the regulator has approved the health and safety risk management units for appointment to statutory positions, following approval of their suitability by the Mining Competence Advisory Committee.
Approved WHS risk management units (PDF, 144.81KB)
Examination schedule
Notice of intention to conduct applicable legislation examinations.
