Statutory functions

A statutory function is a job or duty that is determined by a law or rule. In the NSW mining industry, statutory functions define key safety-critical roles, which are identified under Schedule 10 of the WHS (Mines) Regulation 2022.  

Different classes of mines have different statutory functions. Each statutory function requires either a Regulator issued certificate, external qualifications, or a combination of both.

The Statutory functions guide (PDF, 266.36 KB) provides detailed information on specific certification requirements for your chosen statutory function/s. 

Find your statutory function

Requiring a practising certificate by holding a certificate of competence and /or qualifications

Requiring qualifications only

Compliance obligations

Mine operators must ensure that, as per WHS (Mines and Petroleum Sites) Regulation: 

• Only qualified individuals perform statutory functions: No person shall perform a statutory function at the mine unless they meet the specified requirements for that function.
• Nominated persons are readily available and capable: The person nominated to perform a statutory function must be readily available and capable of performing the function.
• One person per key statutory function: Only one person can be nominated to hold a key statutory function at any given time.
• Nominations for vacant statutory functions are addressed promptly. This includes: No mining activities shall be undertaken if the mine operator has not nominated a person to hold a key statutory function for a period of 7 days or more.
• Notification of changes: Operators of coal mines must notify the regulator of any changes to the persons nominated to hold key statutory functions. This notification may be submitted via the Regulator Portal or by completing a Notification of reportable events form (DOCX, 99.48 KB). 

An individual nominated to hold a statutory function at a mine is required to: 

• Notify the mine operator of any potential conflicts or limitations: If a situation arises that could interfere with the individual's ability to perform the statutory function, they must inform the mine operator as soon as reasonably practicable. Examples include: 
  • Suspension or cancellation of a practicing certificate
  •  Illness or injury 

Maintenance of competence

Individuals holding a practising certificate have a condition to maintain their competence according to gazetted requirements. Refer to Maintenance of competence. 

Individuals holding qualifications to practise should subscribe to the Mine Safety News to be advised of any changes in requirements from Schedule 10 of the WHS (mines and petroleum sites) Regulation. 

Multiple roles and functions

Some statutory functions can be held by multiple people simultaneously (e.g., mechanical tradespersons), however, key statutory functions can only be held by one person at a time (e.g., mining engineering manager). This clear line of authority avoids confusion, inconsistency or conflict in approach. 

An individual can hold statutory functions at multiple mines. however, the mine operator must ensure the individual must be readily available and capable of exercising each function. This may limit the number of mines an individual can practise at simultaneously.

Maintenance of competence is required for the highest function in a discipline or for each function in a different discipline. Refer to maintenance of competence for practising certificates guide (PDF, 867.42 KB).

Related information

Certificate of competence

Examinations

Practising certificates

Maintenance of competence