Schedule 26 Statutory Supervisor Requirements

Do you understand your requirements?  

Part 10.7A of the Work Health and Safety (Mines) Regulations 2022 WHS (Mines) Regulations prescribes positions in relation to mines. These statutory positions are appointed by the mine operator to carry out specific functions in relation to the operations of a mine. 

Statutory positions are classified in several categories, with different functions and obligations, and levels of knowledge, experience and formal qualifications for the appointed persons, with some positions requiring statutory certificates. 

What are statutory positions and who is eligible for appointment? 

Under WHS law, mine operators must ensure sufficient appropriate persons are appointed to the statutory positions listed in Schedule 26 of the WHS Mines Regulations. 

Read more here 

Does Schedule 26 replace Section 44? 

Yes, Schedule 44 outlines the requirements under the superseded Mines Safety and Inspection Act 1994, which has been replaced with the Work Health and Safety (Mines) Regulations 2022 WHS (Mines) Regulations. 

How much time do you have? 

Under transitional arrangements for the WHS Mines Regulations, a competent person can be appointed to the statutory supervisor position for the period ending on 20 March 2026.  

After 20 March 2026, the person appointed as statutory supervisor must meet the eligibility criteria for that statutory position (i.e. have completed the approved risk management units of competency and legislation examination). 

Step 1 – What do you need to do?  

You will need to undertake the risk management Units of Competency the Department of Energy, Mines, Industry Relation and Safety (DEMIRS) have advised as the minimum standard for each of the statutory positions. 

Future Institute provides the necessary risk management units through their comprehensive training courses: 

• Statutory Mining Supervisor Course (2 days) 
• Statutory Mining Manager Course (1 day) 

Full details and available course dates here 

Step 2 – Book into the (DEMIRS) Legislation Examination 

Once you have completed the necessary Units of Competency the next step is to book into the DEMIRS examination through the WHS Mines Statutory Positions Portal (MSPP)  

The DEMIRS Legislation Exam for Statutory Supervisors assesses an individual’s knowledge and ability to navigate and source information from the WHS (Mines) Regulations 2022 and the WHS Act 2020. 

Need Extra Support?  

Undertake our DEMIRS Exam Preparation Course  

To prepare for the DEMIRS Legislation Examination Future Institute has created a preparation course to assist participants by providing tips on how to find the information in the Act and Regulations in the 3 hours provided to complete the examination.  

More information and booking dates available here 

Below is Future Institute’s suggested 4 Step Process to assist Statutory Supervisors to prepare for the DEMIRS Legislation Examination.