Court of Coal Mines Regulation of New South Wales
Encyclopedia
The Court of Coal Mines Regulation was a court established in New South Wales
, a state of Australia
to investigate mining accidents and to determine certain offences relating to coal mining. The court was abolished on 23 December 2006.
The Governor of New South Wales could appoint a judge of the District Court of New South Wales
to sit as the court.
The court was to sit with assessors when determining appeals or when considering an objection by the chief inspector of coal mines to the appointment of a plant manager of a coal mine. Appeals to the court were available against certain decisions of the Minister for Mineral Resources.
In other cases, the court was to sit alone, although in the case of an inquiry into a mining accident, the court could be assisted by a barrister
or a solicitor
, usually called “counsel assisting”.
The reports of a Court of Coal Mines Regulation could have far reaching consequences leading to changes in coal mining practice and by its exposure of poor practices or poor implementation of proper practices.
and the Court of Criminal Appeal of New South Wales.
, who was appointed to be an acting judge of the Court for this inquiry.
The inquiry was notable for it’s early use of technology to display information electronically in the court room.
Previously, the last judicial inquiry into a coalmining disaster was held in respect of the Appin explosion in 1979, under the previous Coal Mines Regulation Act 1912, which was held by Judge Goran .
New South Wales
New South Wales is a state of :Australia, located in the east of the country. It is bordered by Queensland, Victoria and South Australia to the north, south and west respectively. To the east, the state is bordered by the Tasman Sea, which forms part of the Pacific Ocean. New South Wales...
, a state of Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
to investigate mining accidents and to determine certain offences relating to coal mining. The court was abolished on 23 December 2006.
Composition
The court was established under the Coal Mines Regulation Act 1982 (NSW). It could exercise functions under the Act from 26 March 1984.The Governor of New South Wales could appoint a judge of the District Court of New South Wales
District Court of New South Wales
The District Court of New South Wales has jurisdiction to hear most indictable offences . It hears appeals from the Local Court and civil claims up to A$750 000. In some circumstances the amount may be higher, e.g. with the consent of the parties or in motor accident claims etc...
to sit as the court.
The court was to sit with assessors when determining appeals or when considering an objection by the chief inspector of coal mines to the appointment of a plant manager of a coal mine. Appeals to the court were available against certain decisions of the Minister for Mineral Resources.
In other cases, the court was to sit alone, although in the case of an inquiry into a mining accident, the court could be assisted by a barrister
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...
or a solicitor
Solicitor
Solicitors are lawyers who traditionally deal with any legal matter including conducting proceedings in courts. In the United Kingdom, a few Australian states and the Republic of Ireland, the legal profession is split between solicitors and barristers , and a lawyer will usually only hold one title...
, usually called “counsel assisting”.
The reports of a Court of Coal Mines Regulation could have far reaching consequences leading to changes in coal mining practice and by its exposure of poor practices or poor implementation of proper practices.
Appeals
There was the provision of appeals to the Supreme Court of New South WalesSupreme Court of New South Wales
The Supreme Court of New South Wales is the highest state court of the Australian State of New South Wales...
and the Court of Criminal Appeal of New South Wales.
Notable case
The most notable case was that relating to the Gretley colliery, near Newcastle, where four men were killed when their mining machine broke into the flooded workings of an old coalmine, abandoned over 80 years earlier. The inquiry was held by his Honour Jim Staunton, former chief judge of the District Court of New South WalesDistrict Court of New South Wales
The District Court of New South Wales has jurisdiction to hear most indictable offences . It hears appeals from the Local Court and civil claims up to A$750 000. In some circumstances the amount may be higher, e.g. with the consent of the parties or in motor accident claims etc...
, who was appointed to be an acting judge of the Court for this inquiry.
The inquiry was notable for it’s early use of technology to display information electronically in the court room.
Previously, the last judicial inquiry into a coalmining disaster was held in respect of the Appin explosion in 1979, under the previous Coal Mines Regulation Act 1912, which was held by Judge Goran .