New South Wales Consolidated Acts

COAL INDUSTRY ACT 2001 - SECT 41

41 Termination of appointment of members of Brigade

(1) The mines rescue company may terminate the appointment of a member of the Brigade at any time.

(2) If the mines rescue company refuses to appoint, or terminates the appointment of, a person named in the list referred to in section 37 (3) as a member of the Brigade, it must, by notice in writing, inform the person and the owner of the underground coal mine concerned of the mines rescue company’s decision and the reason why the person was not appointed or the person’s appointment was terminated.

(3) Within 14 days after being so informed, the owner of the underground coal mine concerned must provide the mines rescue company with a further list specifying the name, address and any other particulars required by the mines rescue company of another person employed by the owner to replace the person whose appointment was refused or terminated.

(4) Subsection (3) applies as often as may be necessary to ensure that the owner makes available to the mines rescue company the services of the number of persons specified in the determination, or variation, served on the owner.

(5) If the owner of the underground coal mine concerned does not comply with subsection (3) within the period of 14 days referred to in that subsection, the owner is taken not to have complied with the determination of the mines rescue company served on the owner under section 37, or the determination as varied.

(6) For the purposes of subsection (3), the mines rescue company is taken to have terminated the appointment of a member of the Brigade (and to have informed the owner of the underground coal mine concerned of the termination in accordance with subsection (2)) on the date on which the member ceased to be employed at the mine.