Retired District Court judge Terry Martin, chair of the board of inquiry, first warned the Queensland government in August that Anglo’s senior employees would claim privilege against self-­incrimination and refuse to ­answer questions.

An underground methane ­explosion at mining giant Anglo’s Grosvenor central Queensland coal mine, near Moranbah, on May 6 last year, badly burned five workers, leading to the government-ordered independent ­inquiry.

Mr Martin repeated his ­request for a law change in late November and cautioned that without the power to compel witnesses to give “all relevant evidence”, it would “seriously compromise the capacity of the board to inquire into the nature and cause” of the accident.

Public hearings into the explosion, and 27 previous methane ­exceedances at the mine in the year prior to the blast, are due to begin early next month, and the government still hasn’t agreed to amend the law.

A statement from the inquiry said, as a result, “primarily, the witnesses for the hearings in March will comprise inspectors and experts”.

“The board requested an amendment to the legislation such that while a witness’s right to claim privilege against self-­incrimination is maintained, the board has the power to compel the witness to provide all relevant evidence in public at the inquiry,” the statement said.

“The board has not heard that the request has been progressed.”

Mr Martin told The Australian: “From an investigation standpoint, the board’s view is that the absence of the requested amendment would be less than ideal. Notwithstanding, the ­inquiry into the serious accident will be thorough and productive.”

Under the terms of reference, the board can conduct hearings in private, and can provide a separate private report to the minister “because publication might reasonably prejudice other investigations or proceedings”.

The government’s only chance to change the law in time will be at the first sitting of parliament next week.

The board has previously indicated it wanted to question Anglo’s executive head of underground operations Glen Britton, and other senior management such as Grosvenor’s site senior executive, the explosions risk zone controller, and the underground mine manager.

None of those witnesses will be called if the law does not change.

Anglo American’s chief executive of metallurgical coal, Tyler Mitchelson, gave evidence to the inquiry in August.

Mines Minister Scott Stewart did not say whether the legislation would be amended, as requested by the board of inquiry.

“I have been in frequent discussions with the board about their request,” Mr Stewart said. “In assessing the request, the government must weigh up a number of factors including persons’ legal rights; the impact it may have on future prosecutions; and the ability of the board to do its work.”

It is understood the government is concerned any law change could compromise potential prosecutions arising from the Grosvenor explosion.

https://www.theaustralian.com.au/nation/politics/grosvenor-mine-explosion-bosses-could-be-let-off-the-hook/news-story/810b023acbacd3cce3b55d9459c1d54f