Victorian Consolidated Legislation

Mines Act 1958 - SECT 397

Inquiries

397. Inquiries



(1) Where a report is made to the Board by an inspector of mines that a holder
of a certificate of competency is incapable incompetent or unfit to discharge
his duties under this Act or if the holder of a certificate of competency has
been convicted of an offence against this Act or the regulations the Board may
hold an inquiry into the circumstances of such report or offence.

(2) Where the Board is of opinion that an inquiry ought to be made into the
competency capacity or fitness of a holder of a certificate of competency to
discharge his duties under this Act or the regulations it may hold such an
inquiry.

(3) An inquiry under this section shall be held at such time and place as the
Board determines.

(4) Where the Board determines to hold an inquiry under this section it shall
give to the holder of a certificate of competency ten days' notice of the time
and place for holding the inquiry together with a statement of the report so
made and inform him that he is entitled to be represented by a legal
practitioner at such inquiry.

(5) Upon an inquiry under this section-

   (a)  the holder of a certificate of competency is entitled to be
        represented by a legal practitioner but shall give to the Board three
        days' notice of his intention to employ a legal practitioner;

   (b)  the Board may inquire into the circumstances giving rise to the
        inquiry being made; and

   (c)  the Board after consideration of the evidence put before it may make
        such findings as it thinks fit.

(6) Where the Board finds that a holder of a certificate of competency is
incapable incompetent or unfit to discharge his duties under this Act or the
regulations or has committed an offence under this Act or the regulations it
may recommend to the Governor in Council that the certificate of competency of
the person concerned be cancelled suspended or altered as it thinks fit.

(7) Where the Board makes a recommendation under subsection (6) the Governor
in Council may by notice published in the Government Gazette cancel suspend or
alter the certificate of competency in accordance with the recommendation of
the Board.