Updates to the Coal Industry Act 2001


iCare NSW Update


An important notice for NSW business clients regarding changes impacting Employers required to access NSW Mining Sites
On 23 May 2018 the Industry Amendment Bill 2018 was assented to and amends the Coal Industry Act 2001 (the Act) to include a definition of “employer in the coal industry” as follows: 

“employer in the coal industry means any employer whose employees work in or about a coal mine”

Section 31 of the Act requires employers in the coal industry to obtain workers compensation insurance from an approved workers compensation company for their employees in that industry. Currently, the approved company under the Act is Coal Mines Insurance (CMI).
What does this mean:
Employers whose employees work in or about a coal mine and are engaged in mining activities in the coal industry are required to have a policy with CMI for those workers. For example:

  • You have employees that work in or about a coal mine for all or only part of a year.
  • You have employees that work some of the time in or about a coal mine and elsewhere for the rest of the time.
  • You have some employees that only work in or about a coal mine and some employees that never work in or about a coal mine.
  • You provide services ancillary to coal mining, for example, mining equipment maintenance and repairs, and construction.

As a result of the above, a large number of Employers will now be required to hold policies with both icare Workers Insurance and Coal Mines Insurance.

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When did these changes take effect? 
The change to the Act commenced on 1 July 2018, there is, however, a transition period in place to ensure affected employers time to comply with the change to the Act and to ensure that there will be no undue impact on coal mining operations.

The transition period runs from 1 July 2018 to 30 September 2018. During the transition period employers required to hold a policy with CMI will only need to ensure that they have a current Certificate of Currency from a worker’s compensation insurer to cover those workers.

From 1 October 2018, after the expiry of the transition period, employers required to hold a policy with CMI will need to ensure they have a Certificate of Currency from CMI for a policy that covers those workers.
How we can help:
Insurance House has direct access to specialist staff within Coal Mines Insurance and as such can promptly place and manage a new policy for you.
If you have any queries or are unsure whether you now require a Coal Mines Insurance policy, please contact us as soon as possible and we will work with you to ensure your needs are met.
Please contact Yon Ta from our Workers Compensation Division on (03) 9230 1241 or email Yon.Ta@ihgroup.com.au should you have any questions regarding these changes.


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