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Evaluation of the practising certificate maintenance of competence scheme requirements

Work Health and Safety (Mines and Petroleum Sites) Act 2013

What is this about?

The NSW Resources Regulator (the Regulator) is committed to evaluating the statutory function practising certificate maintenance of competence scheme (the MoC scheme) requirements for those performing statutory functions under the Work Health and Safety (Mines and Petroleum Sites) Act 2013. The MoC scheme has been in place since 2017. It sets out the learning that practicing certificate holders must undertake over a 5-year period in certain areas of competence. 

The MoC scheme has not undergone any formal evaluation process involving stakeholders since its commencement. The evaluation process aims to identify opportunities for streamlining and reducing administrative and regulatory burden for practising certificate holders and the Regulator.


The Regulator would like to thank interested parties for their written submissions on the discussion paper. 

The consultation closed on Friday 16 February 2024

The Regulator and the Mining and Petroleum Competence Board will consider responses to questions set out in this discussion paper before making recommendations. 

Submissions or summaries and the online survey will be published on the Regulator’s website. Please advise us if you believe there is a reason your name should not be published with your submission.

Once the submissions have been considered the outcome of the evaluation will be communicated by the Regulator.


Mine safety legislation in NSW has evolved over time to include new requirements for those performing safety critical functions. These safety critical functions are now known as ‘statutory functions’. The Regulator developed the MoC scheme to ensure people performing statutory functions on NSW mine sites maintain the specific competencies required. The MoC scheme commenced as a condition on practising certificates in 2017.

The MoC scheme sets out the learning that must be undertaken over a 5-year period in certain areas of competence. The MoC scheme also details the types of recognised learning and the number of hours of learning. Learning requirements such as the required number of hours varies between the types of practising certificates. There are also strict rules about claimable hours. The MoC requirements for each statutory function are published in the NSW Government Gazette.

Inquiries into underground mining disasters at Moura No.2 in Queensland and Pike River in New Zealand identified that otherwise experienced mine management were not competent in managing the specific hazards leading to those disasters. Both inquiries recommended programs be implemented to support those carrying out statutory functions to maintain their competence.

The National Mine Safety Framework supported the development of consistent mine safety legislation and the introduction of practising certificates with MoC schemes in all mining jurisdictions. There are similar MoC schemes in NSW, Queensland and New Zealand.