Frequently asked questions for mines statutory positions and examinations

Examination registration and support

<h2>How do I register for a mines statutory position (MSP) examination?</h2><p>To register for a mines statutory position (MSP) examination, go to the <a href="https://dmirsmspp.lms-saas.com/">Mines statutory positions portal (MSPP)</a> (the portal).</p><ol><li>Click on ‘Register’ in the menu bar at the top of the screen.</li><li>Complete the information required in the form. You will need to provide a unique student identifier (USI). You need to&nbsp;<a href="https://www.usi.gov.au/"&gt; create a USI</a> if you do not have one.</li><li>After registering and verifying your account you can enrol in your examination (called ‘Statutory learning pathway’ in the portal).</li><li><a href="https://dmirsmspp.lms-saas.com/"><span>Login</span></a><span>&nbsp;to your account. Select ‘New certificates/statutory positions’ in the menu bar. Search and select your statutory position. Click ‘Enrol’.</span></li><li>Scroll to ‘Available examination sessions', select a session and ‘enrol’. A confirmation message stating ‘You are enrolled’ will appear when the booking is complete.</li><li>If you require guidance or advice on which examination you should enrol in, email the MSP team at <a href="mailto: msp@demirs.wa.gov.au">msp@demirs.wa.gov.au</a></li></ol><h2>How do I prepare for my examination?</h2><h3>Before examination day</h3><ol><li>Confirm you have booked into the correct examination and examination location.</li><li>Plan your travel arrangements (parking, public transport, etc.). Email us at <a href="mailto:msp@demirs.wa.gov.au"><span>msp@demirs.wa.gov.au</span></a&gt; if you have any questions or need to change details.</li><li>Ensure you have your login credentials and photo ID ready.</li></ol><h3>On examination day</h3><ol><li>Arrive at least 30 minutes early to complete registration. Registration closes 15 minutes before the examination starts.</li><li>Candidates can bring their own copy of the Work Health and Safety (WHS) Act and regulations. Index tabs, highlighted key points and minor comments are permitted.</li><li>Copies of the Work Health and Safety (WHS) Act, regulations, and relevant codes will also be available at venues if needed.</li><li>Personal notes on separate pages or electronic devices are not permitted.</li></ol><h3>Starting the examination</h3><ol><li>Log into the portal and click on your learning pathway under 'My current applications’.</li><li>Select the relevant examination, then ‘Attempt’ and then click on the padlock icon to unlock it. Examination supervisors will be on site to assist and provide a personal access code that will unlock your examination.</li><li>You will be instructed when to start the examination.</li></ol><h3>During the examination</h3><ol><li>Legislation examinations have 55 questions. Mining practice examinations have 10 questions. Learn more about <a href="/node/5537" data-entity-type="node" data-entity-uuid="62e18b8b-8930-4c57-806a-8cfb14060741" data-entity-substitution="canonical">legislation examinations</a>.</li><li>You have three hours to answer all examination questions. Try to manage your time and move at an even rate. Avoid spending too much time on a particular question.</li><li>Use features like ‘Flag’ to revisit questions and ‘Overview’ to monitor your progress.</li><li>Do not click ‘Leave examination’.</li><li>Ensure answers are submitted when instructed to complete the examination and have your results recorded.</li></ol><h3>After the examination</h3><ol><li>After you submit your answers, you can view your results on screen. Your final score will be displayed.</li><li>This feedback will only be available in the examination room. Following this your record of examination will be available for download from the portal.</li><li>Following a successful outcome, you can download your ‘Record of Exam Certificate’ by clicking on your chosen learning path under ‘My completed applications’ on the MSPP homepage.<br><em>Note: For certified positions, the certificate will only be available for download after all eligibility criteria have been reviewed and approved.</em></li></ol><h2>What should I do if I need support to sit for my examination?</h2><p>If you have personal circumstances that may impact your participation in the examinations, you can <a href="/node/4691" data-entity-type="node" data-entity-uuid="328b3ebb-0b85-4267-8fbd-3f68fc8208a5" data-entity-substitution="canonical">apply for an assessment arrangement</a>. These arrangements are designed to ensure you have fair access to the examination process.</p><h2>When can I book in for an examination?</h2><p>Examinations are held regularly throughout the year. Our <a href="/node/946" data-entity-type="node" data-entity-uuid="bed7b495-4be6-4a98-a427-de024f726b2d" data-entity-substitution="canonical">schedule of examinations</a> is updated as new sessions are confirmed.</p><h2>What if I need to re-sit the examination?</h2><p>We encourage you to email the team at <a href="mailto:msp@demirs.wa.gov.au">msp@demirs.wa.gov.au</a&gt; for support before re-sitting.</p><h2>How can I get help to reset my password and access my MSPP account?</h2><p>Please contact the MSP team at <a href="mailto:msp@demirs.wa.gov.au">msp@demirs.wa.gov.au</a></p><h2>How can I get help to change my personal details in the MSPP or on my certificates?</h2><p>Please contact the MSP team at <a href="mailto:msp@demirs.wa.gov.au">msp@demirs.wa.gov.au</a></p><h2>How do I cancel or reschedule an examination booking?</h2><ol><li>Log into the portal and navigate to your learning pathway under 'My current applications.’</li><li>Select the 'Available exam sessions' section and click on your scheduled examination.</li><li>To cancel, choose 'Cancel booking' and confirm in the pop-up box. It’s important that you cancel an examination booking that you are unable to attend as this frees up the booking for other candidates.<br><em>Note: You cannot re-enrol in the same session after cancellation.</em></li><li>To rebook:<br>I. Go back to the 'Available exam sessions’ section and select a new examination session.<br>II. Submit your booking and check your email for confirmation and calendar invitation.</li></ol>

Legislation examinations

What is the format of the legislation examination?

The three hour legislation examination is divided into 3 sections.

 Question poolKnowledge or skills assessedNo. of questions
Section 1MandatoryAssesses the understanding of the intent of the Work Health and Safety Act 2020 and Work Health and Safety (Mines) Regulations 2022 (Mines Regulations) including duties and the functions of the regulator.15
Section 2GeneralAssesses the ability to navigate through the legislation. Questions may relate to any component of the Act or Mines Regulations.20
Section 3Role-specificAssesses the knowledge of the Act and Mines Regulations applicable to specific statutory positions.20

Download the Act Download the Mines Regulations

What types of questions are on the legislation examination?

The legislation examination is made up of a combination of multiple-choice, true-false and fill-in-the-blanks questions.

How is the legislation examination marked?

The legislation examination is delivered and marked by the learning management system (LMS).

What is the pass mark for the legislation examination?

You need to score a minimum of 80% across the three sections to pass the legislation examination.

Candidates are entitled to 3 attempts per calendar year. If you score below 80% in your first attempt, you can re-sit up to two times per calendar year.

Mining practice examinations

What is the format of the mining practice examinations?

The three-hour mining practice examinations for underground supervisor, restricted quarry manager (explosives) and restricted quarry manager (non-explosives) consist of ten open-response questions that assess the ability to apply knowledge of the legislation to mining workplace health and safety.

How are the mining practice examinations marked?

Mining practice examinations are marked by two independent examiners. You will be notified of your result via email within 20 working days of the examination date.

What is the pass mark for the mining practice examinations?

You need to score 70% or above to pass the mining practice examination.

If you score between 60-69% on the mining practice examination, you will be invited to participate in an oral supplementary examination.

If you score below 60% you are entitled to a re-sit. You can re-sit up to two times per calendar year.

Statutory certificates

What are statutory certificates?

Statutory certificates are official documents that validate an individual has met the requirements for a statutory position. These certificates are issued after successfully meeting all the requirements, including passing the relevant examinations.

How do I apply for a statutory certificate?

To apply for a statutory certificate, you must demonstrate your competency through training, relevant experience, and passing the required examinations.

Learn more about Statutory certificates and eligibility requirements.

I currently hold a certified statutory certificate, does this qualify me for a non-certified position?

For both non-certified and certified statutory positions, the appointee is required to hold an applicable statutory certificate, with requirements for the latter listed in Schedule 27 of the Work Health and Safety (Mines) Regulations 2022. This usually includes a qualification and the completion of the applicable examinations, work health and safety (WHS) risk management units of competency and training, minimum age and experience requirements.

Is my certificate transferable?

Due to the role-specific component of the legislation examination, each statutory position assessment is designed to assess the skills and knowledge required for individual positions or certifications, therefore a specific legislation examination certification is not transferable as it does not fulfil the eligibility requirements for other statutory positions.

I currently hold a certificate of competency; how do I transition this to an equivalent statutory certificate?

Certificate of competency holders have until the end of the transitional arrangements period to transition their certificate over to an equivalent WHS statutory certificate.

  1. Create or log in to your portal account.
  2. Upload a copy of your certificate of competency issued under the repealed Mines Safety and Inspection Act 1994.
  3. Upload evidence of completing relevant risk management units for the certificate. When WorkSafe reviews and confirms your evidence, you will be prompted via email to enrol into the applicable legislation examination.
  4. When you pass the examination, you will be awarded an equivalent statutory certificate.

How can I manage or update my statutory certificate?

You can manage or update your statutory certificate through the portal, including applying for renewals or making changes to your certificate details.

How can I download my statutory certificate?

Once logged into the portal, click on your chosen learning path under ‘My completed applications’ on the homepage. 

Within the learning path, click on ‘Download’ document on the right-hand side near the icon to download your statutory certificate or record of examination.

Note: For certified positions, the certificate will only be available for download after all eligibility criteria has been reviewed and approved.

Managing statutory positions on mine sites

Which statutory positions require notification of appointment?

Notification of appointment to the WorkSafe Commissioner is only required for two of the five key statutory positions – site senior executive and exploration manager. The approved form for the notification is accessed through the Safety Regulation System (SRS).

Note: There is no requirement to notify WorkSafe about appointments to Schedule 26 statutory positions, which include the remaining three key statutory positions as defined in r. 5 of the Work Health and Safety (Mines) Regulations 2022 (i.e. underground manager [non-coal]; underground manager [coal]; quarry manager). However, mine operators are required to record all appointments, and they may choose to use SRS for this purpose.

When is an alternate required for a key statutory position?

If a person appointed to a key statutory position is on leave or unavailable, an alternate person may carry out the functions. The alternate must be appropriate for the position (in that they meet the relevant criteria) and be appointed by the mine operator.

What are the requirements of an alternate for a key statutory position?

Alternates must be capable of, and available to, carry out the functions of the key statutory position. They must be an appropriate person, which means that they meet the relevant criteria for the key statutory position.

Are alternates required to meet the training and examination requirements of the key statutory position?

Yes, otherwise they would not be appropriate to act as an alternate.

Note: This requirement is subject to the WHS transition arrangements and the WorkSafe Commissioner’s Statement of Regulatory Intent.

How many alternates are permitted for a key statutory position?

There is no limit to the number of alternates who may be appointed.

Does the appointment of an alternate for a key statutory position need to be notified?

Notification of appointment of an alternate is required for site senior executives and exploration managers.

Can key statutory positions have more than one appointment?

There must be no more than one person appointed to each key statutory position for the mine at the same time. However, there are no limits on the number of alternates.

Does a mine that is on care and maintenance require the appointment of a site senior executive?

While mine is on care and maintenance, a site senior executive must be appointed. If there is work being performed at the mine as part of care and maintenance, the site senior executive or their alternate will need to be at or near the mine while there are workers at the mine. 

There may also be the requirement to appoint statutory supervisors if the mine operator and mine safety management system deem it necessary to reduce the risks to worker health and safety.
 

Schedule 26: Specific statutory roles under the Mines Regulations

What is a Schedule 26 appointment? 

Schedule 26 appointments refer to specific statutory roles under the Work Health and Safety (Mines) Regulations 2022. Appointments are made based on qualifications and experience to ensure safe operations in accordance with the legislation. 

Which Schedule 26 statutory positions require notification of appointment? 

There is no requirement to notify the department about appointments to Schedule 26 statutory positions. Inspectors will verify these appointments during audits or inspections to ensure compliance with eligibility criteria. 

What are the transitional arrangements for statutory supervisor appointments? 

Transitional arrangements allow a competent person to be appointed to a statutory supervisor position until 30 March 2026. After this date, individuals must meet the eligibility criteria for the position, including completing the required examinations and risk management units. Furthermore, individuals holding a certificate of competency issued under the repealed mines safety and inspection regulations immediately prior to commencement day continue to hold that certificate pending successful completion of the relevant legislative examination and risk management unit. 

What does 'in writing' mean when accepting an appointment to a statutory position? 

'In writing' can include an email, a signed document like a job description document, or an acknowledgment letter. Verbal acknowledgments are not accepted. 

Can a person in a key statutory position be appointed to a position at another mine? 

Yes, but this requires approval by the WorkSafe Commissioner.

Key statutory positions

Which statutory positions require notification of appointment?

Notification of appointment to the WorkSafe Commissioner is only required for two of the five key statutory positions – site senior executive and exploration manager. The approved form for the notification is accessed through the Safety Regulation System (SRS).

Note: There is no requirement to notify WorkSafe about appointments to Schedule 26 statutory positions, which include the remaining three key statutory positions as defined in r. 5 of the Mines Regulations (i.e. underground manager [non-coal]; underground manager [coal]; quarry manager). However, mine operators are required to record all appointments, and they may choose to use SRS for this purpose.

When is an alternate required for a key statutory position?

If a person appointed to a key statutory position is on leave or unavailable, an alternate person may carry out the functions. The alternate must be appropriate for the position (in that they meet the relevant criteria) and be appointed by the mine operator.

What are the requirements of an alternate for a key statutory position?

Alternates must be capable of, and available to, carry out the functions of the key statutory position. They must be an appropriate person, which means that they meet the relevant criteria for the key statutory position.

Are alternates required to meet the training and examination requirements of the key statutory position?

Yes, otherwise they would not be appropriate to act as an alternate. 

Note: This requirement is subject to the WHS transition arrangements, and WorkSafe Commissioner’s Statement of Regulatory Intent.

How many alternates are permitted for a key statutory position?

There is no limit to the number of alternates who may be appointed.

Does the appointment of an alternate for a key statutory position need to be notified?

Yes, notification of appointment of an alternate is required for site senior executives and exploration managers.

Can key statutory positions have more than one appointment?

No, there must be no more than one person appointed to each key statutory position for the mine at the same time. However, there are no limits on the number of alternates.

Does a mine that is on care and maintenance require the appointment of a site senior executive?

Yes, while a mine is on ‘care and maintenance’, a site senior executive must be appointed. If there is work being performed at the mine as part of care and maintenance, the site senior executive or their alternate will need to be at or near the mine while there are workers at the mine. There may also be the requirement to appoint statutory supervisors if the mine operator and mine safety management system deem it necessary to reduce the risks to worker health and safety.