Mandatory inquests for deaths in the Queensland mining and resources sector

From 20 October 2025, coronial inquests for "mining related reportable deaths" in Queensland are mandatory. On 24 October 2025 the Queensland Government announced that "Mining and Resources Coroner Wayne Pennell...is already investigating several mining-related deaths." Organisations operating in the Mining and Resources sector should consider their reporting obligations and the risks that flow from coronial inquests and act now to manage those risks.

The Coroners (Mining and Resources Coroner) Amendment Bill 2025 (Qld)

On 16 October 2025 the Bill was passed, amending the Coroners Act 2003 (Qld). Its objective is to appoint a dedicated Mining and Resources Coroner to "determine the cause of [mining related reportable deaths], prevent similar deaths happening in the future and to keep mining companies accountable."

A person's death is a "mining related reportable death" if:

• the death was a violent or otherwise unnatural death; and

• the person dies any time after receiving a mining related injury that was not intentionally self-inflicted and caused the death; or contributed to the death and without which the person would not have died; and

• the mining related injury was received at certain coal mines, mines or petroleum and gas sites; and

• the mining related injury is from "coal mining operations" under the Coal Mining Safety and Health Act 1999, "operations" under the Mining and Quarrying Safety and Health Act 1999, data acquisition activities, petroleum tenure activities or water monitoring activities.

Because mining related reportable deaths are tied to the cause of death, being a mining related injury, rather than the place of death, they can include deaths that occur "off-site" that were caused by mining related injuries "on-site".

Examples of deaths which do not fall within the scope of mining related reportable deaths (and are, therefore, not required to be reported) include deaths by suicide, deaths by car accidents when commuting to or from a site or deaths at a mine that are not caused by mining related injuries. However, the coroner retains a discretion to hold an inquest for non-mining related reportable deaths.

A mining related reportable death must be investigated by the Mining and Resources Coroner, unless they are not available.

Reporting mining related reportable deaths

If a person becomes aware of a mining related reportable death, they must immediately report the death to a police officer or coroner, falling which civil penalties may apply.

How this will affect "pre-commencement" mining related reportable deaths?

Under the Bill's transitionary provisions, coronial inquests will be mandatory where a mining-related injury occurring before 20 October 2025 causes a mining related reportable death thereafter. Mining related reportable deaths that fall within that category, which are presently being investigated will be reassigned to the Mining and Resources Coroner.

What a coronial inquest in Queensland involves

A coronial inquest aims to help prevent deaths from similar causes happening in the future by enabling coroners to comment on matters connected with deaths, including matters related to public health or safety or the administration of justice and to make recommendations.

Coronial inquests are conducted in open court. Although the coroner may make orders restricting publication of some information, inquests carry a unique requirement for openness to the public as they are conducted for the public's information and on their behalf.

A coroner may require production of documents or witnesses to appear to give evidence at a coronial inquest. Findings may be made about anything connected with the subject death which relates to public health and safety or ways to prevent such deaths from happening again in the future.

Key impact of the Bill

Between 2014 and 2024, Resources Safety & Health Queensland investigated 27 accidental mining related deaths. A study of published coroners court findings observed that from 2004 to 2024, there were only 17 inquests in Queensland undertaken on fatalities within the Queensland Mining Industry.

The Bill will significantly increase the number of coronial inquests in the mining and resources sector.

Because the Mining and Resources Coroner's functions are non-punitive, the primary impacts associated with coronial inquests are those that flow from the public hearings and the coroner's findings, including:

• public findings and recommendations to prevent similar deaths happening in the future (which it will be important for organisations to consider and implement as required – see further below);

• regulatory reform;

• increased scrutiny and reputational expose;

• inferences of civil or criminal liability in subsequent legal proceedings;

• exposure of witnesses to self-incrimination, which may be managed by taking appropriate objections during an inquest pursuant to section 39 of the Act; and

• referrals for regulatory investigation, including those by Workplace Health & Safety Queensland or Resources, Safety and Health Queensland (RSHQ) in relation to industrial manslaughter.

Considerations for duty holders

The Mining and Resources Coroner is able to make public findings and any recommendations to prevent similar deaths from happening in the future, including safety recommendations.

The Mining and Resources Coroner also has wide powers of investigation, and can request additional reports, statements or information about the death. For example, they may obtain information from police, doctors, engineers, workplace health and safety inspectors, mining inspectors and other witnesses.

For persons in the mining and resources sector who hold duties under Queensland work health and safety legislation, coal mining legislation, mining and quarrying legislation and/or petroleum and gas legislation, it is timely in light of the Bill to consider:

• how you will stay up to date with, and take into consideration, any recommendations from the Mining and Resources Coroner on how to prevent similar such incidents occurring that may impact or are relevant to your operations, noting that this is likely to be information a safety regulator or court considers an organisation knew or ought to have known on how to eliminate or reduce the specific risk;

• the enhanced transparency and accountability objectives of the Bill and your organisation's safety systems and processes including the robustness of your organisation's safety information flows and documentary record keeping; and

• your organisation's preparedness to respond to and participate in an inquest including how you will demonstrate the necessary procedures, and provide resourcing and supports for personnel who may be required to participate.

An inquest could also increase the possibility of prosecution for duty holders noting the limitation period for offences under work health and safety legislation can be extended post the normal time periods where a coroner inquiry or inquest occurs.