Coal Mining & Safety Act medicals – answer the question correctly

Haylett v Hail Creek Coal Pty Ltd [2014] QSC 176


Philip McMurdo J followed MBR v Parker [2012] QCA 271 and found the relevant question under the prescribed form (s.46 of the Coal Mining Health and Safety Regulation 2001 (Qld)) in relation to Mr Haylett’s fitness for duty was not answered in terms of the question required by the prescribed form, and hence the report was of no legal effect.

David Cormack – Brisbane Barrister & Mediator

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