Investigations
NOPSEMA undertakes investigations where it has received information through any of its own activities, or by other means that justifies the seeking of evidence of non-compliance with the law in order to understand the risks to the workforce and/or the environment and as a basis for enforcement.
Investigations are undertaken to gather and establish the facts of the incident, determine whether action has been taken or needs to be taken to prevent recurrence, if there has been breaches of legislation for which NOPSEMA is the enforcing authority and establish whether to take further action, including formal enforcement.
A NOPSEMA investigation can occur in a range of locations, including at an offshore facility, onshore premises or a duty holder’s regulated business premises.
Where NOPSEMA inspectors have found an issue that may lead to an enforcement action, the Compliance Committee will have oversight to ensure consistency of approach and a strategic approach to enforcement.
During an investigation an inspector may:
- issue a Do Not Disturb Notice
- attend the incident scene
- inspect, examine, measure, and conduct tests
- take photographs or videos
- seize or take into possession items or samples
NOPSEMA investigators may wish to speak with or request documents from multiple sources including title holders, operators, persons in charge of works, employers, workers, contractors, and witnesses.
Investigations often require the collection of relevant documents by the inspector. This may occur informally with the consent of the party who holds the documents, which is not uncommon for lower-level investigations. However, for more serious investigations an inspector may issue a written statutory notice requiring the production of documents. The use of statutory notices is allowed for under several provisions of the OPGGS Act.
An investigating inspector has powers under the OPGGS Act to seek information from a person. For lower-level investigations, information may be obtained informally or by consent. For more serious matters a person may be required to formally answer questions or attend an interview and give evidence under oath. If a formal interview is required, a written statutory notice will be issued to the person by NOPSEMA. For those who are formally required to answer questions, protections are built into the OPGGS Act so that their responses will not be used as evidence against them.
Throughout the course of an investigation, inspectors may need to enter a facility or regulated business premises without a warrant to undertake activities such as monitoring or investigation. However, a warrant may be used if deemed necessary.
Upon entry, an Inspector may ask individuals present to cooperate and help them conduct the investigation. The investigation could include activities such conducting a search, inspection, examination, measurements or tests. The inspector may also take photographs or videos, make copies of documents, ask questions, or take possession of and remove plant, substances, or things.
The amount of time an investigation takes depends on the complexity of the alleged breaches and the level of risk. The greater the complexity, the longer the investigation may take. This ensures the investigation comprehensive, and the right outcome is reached.
While other high-risk investigations will be more time sensitive, meaning the outcome should be achieved as quickly as possible.
Investigations conducted by NOPSEMA are carried out in accordance with our policies and procedures and in alignment with Australian Government Investigations Standards.
Where appropriate, investigations will be conducted in alignment with the principles of ‘natural justice’, which means they are:
- Evidence based - enforcement action will not be undertaken without reasonable grounds.
- Objective and impartial – investigations will be independent and conducted without bias.
- Fair – the subject of an investigation will have an opportunity to be heard before adverse formal findings are made and before any enforcement action is taken.
Throughout an investigation NOPSEMA will, as far as best practice and the law allows, keep stakeholders updated with the progress of the investigation.
When investigating serious or sensitive matters, NOPSEMA investigators take a trauma informed approach. This may alter the methods used, to obtain the necessary information to complete the investigation.
Investigations undertaken by NOPSEMA can result in a range of different outcomes, including:
- No further action
- Education
- Formal Warnings
- Prohibition Notices
- Improvement Notices
- Directions
- Request to revise Permissioning Document
- Withdrawal of Acceptance of Permissioning document
- Infringement Notices
- Injunctions and
- Prosecution.
Investigating a reported non-work-related death
NOPSEMA has the responsibility for conducting investigations into safety, environmental and well integrity incidents.
This responsibility extends to investigating the circumstances of a death onboard of or relating to a facility, where it has been initially reported by a duty holder to be non-work related.
Pursuant to Section 646(e)(i) of the OPGGS Act NOSPEMA's functions include investigating accidents, occurrences and circumstances that affect, or have the potential to affect, the occupational health and safety of persons engaged in offshore petroleum or greenhouse gas storage operations.
If a duty holder notifies NOPSEMA of a death onboard of or related to a facility, that they consider is non-work related, NOPSEMA will undertake an investigation. The aim of the investigation is to confirm the circumstances surrounding the death and to determine if any contributory or causal factors present were work related.
This type of investigation will normally involve the following steps:
- Identify the circumstances of the reported death
- Assess the immediate response to the reported death
- Identify any work-related causal factors present prior to the reported death and
- Identify the cause of death as provided by the relevant Coroner or medical practitioner.
During an investigation an inspector may:
- Issue a Do Not Disturb Notice
- Attend the incident scene
- Inspect, examine, measure, conduct tests on plant or equipment
- Take photographs or videos and/or
- Seize or take into possession items or samples.
NOPSEMA investigators may also speak with or request documents from multiple sources including titleholders, operators, persons in charge of works, employers, workers, contractors, and witnesses.
NOPSEMA will generally work in conjunction with the relevant Coronial Investigation Police and the relevant State or Territory Coroner as part of these investigations.
In the normal course of events, for a reported non-work-related death a copy of the NOPSEMA Investigation Report, will be provided to the relevant duty holder(s) at the completion of the investigation.
Investigations conducted by NOPSEMA will be carried out in accordance with our policies and procedures and in alignment with Australian Government Investigations Standards.
Where appropriate, investigations will be conducted in accordance with the principles of ‘natural justice’, which means they are:
- Evidence based – enforcement action will not be undertaken without reasonable grounds.
- Objective and impartial – investigations will be independent and conducted without bias.
- Fair – the subject of an investigation will have an opportunity to be heard before adverse formal findings are made and before any enforcement action is taken.
Throughout an investigation NOPSEMA will, as far as best practice and the law allows, keep stakeholders updated with the progress of the investigation.
Investigators will take a trauma informed approach when investigating these types of matters, and this may affect the methods used, to obtain the necessary information to complete the investigation.
FAQs
Investigators may ask you to recount your version of what happened. This is normally done via a written witness statement to formally capture the observations of the witness. A witness statement captures what a witness would say if they were required to provide evidence in court.
Investigators will obtain your contact details from the facility operator of from your employer and may contact you via phone, email or letter.
Investigators may issue a notice for a person to attend a place at a specific time to participate in a recorded interview.
If this happens, the investigator will contact you and explain your rights and responsibilities, and the process of the interview. A covering letter providing more details on what to expect will also accompany the notice.
If you are required to attend an interview you can have a support person or representative present. This includes a union lawyer or representative.
Not all matters that are investigated end in a court proceeding, however if you have provided a witness statement or have been required to attend an interview you may be required to attend court if the matter proceeds to a hearing. If you are required to attend court, the investigator will assist you and explain the process to you.
NOPSEMA recognises the importance of protecting your privacy and personal information and complies with the Privacy Act 1988(the Privacy Act) and its Australian Privacy Principles. For further information about the NOPSEMA Privacy Policy please see our Privacy webpage.
If you have information that you want the investigations team to know about, please contact us via one the most appropriate channel on our contact page - Contact us | NOPSEMA.