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Minister may direct inquiry to be held into accident and dangerous occurrence

Factories Act

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—(1) If it appears desirable as a result of an investigation held under section 52, the Chief Inspector shall furnish a full report of an accident or a dangerous occurrence to the Minister, and the Minister may where he considers it expedient to do so, direct a Magistrate, with one or more assessors appointed by the Minister, to hold an inquiry into the accident or dangerous occurrence in a factory and of its causes and circumstances and subsections (2) to (7) shall have effect with respect to any such inquiry.(2) The Magistrate and the assessors so appointed shall hold the inquiry in open court in such manner and under such conditions as they think most effectual for ascertaining the causes and circumstances of the accident or the dangerous occurrence, and for enabling them to make the report required by this section.(3) The Magistrate and the assessors shall have for the purposes of the inquiry all the powers of a Magistrate’s Court when trying offences under this Act and all the powers of an inspector under this Act, and, in addition, power —(a)to enter and inspect any place or building, the entry or inspection of which appears to them requisite for the purposes of the inquiry;(b)by summons signed by the Magistrate to require attendance of all such persons as the Magistrate and the assessors think fit to call before them and examine and to require answers or returns to such inquiries as they think fit to make;(c)to require the production of all books, papers and documents which the Magistrate and the assessors consider important for the purposes of the inquiry; and(d)to administer oaths and require any person examined to make and sign a declaration of the truth of the statements made by him in his examination.(4) The Magistrate and the assessors shall make a report to the Minister stating the causes and circumstances of the accident or dangerous occurrence and its circumstances, and adding any observations which the Magistrate and the assessors think right to make, and if the Magistrate is of the opinion that criminal proceedings ought to be instituted against any person in connection with the accident or dangerous occurrence, he shall also forward to the Public Prosecutor a copy of that report.(5) Any person who without reasonable excuse (proof whereof shall lie on him) either fails to comply with any summons, order or requisition of the Magistrate, or prevents or impedes the Magistrate and the assessors in the execution of their duties shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.(6) The Minister may cause the report of the Magistrate and the assessors to be made public at such time and in such manner as he thinks fit.(7) The Chief Inspector may suspend the certificate of competency of any person pending an inquiry under this section and any criminal proceedings that may ensue, and for the period of suspension the person suspended shall deliver up his certificate of competency to the Chief Inspector and shall not take or be in control of any steam boiler; and any court, or, upon consideration of the finding of an inquiry under this section, the Minister, may suspend for such period as it or he (as the case may be) thinks fit, or cancel the certificate of competency of any person, and no person whose certificate of competency has been suspended or cancelled under this subsection shall take or be in control of any steam boiler during the period of the suspension or cancellation.[49C

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