Page 207 - Week 02 - Thursday, 25 May 1989
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The fact that, despite the best efforts of Ministers and public servants and persistent lobbying from the members for Canberra and Fraser, as well as the Labor Senator for the ACT, the Federal Labor Government failed to introduce legislation for the ACT is a clear demonstration of the need for ACT self-government. While responsibility resided with the Federal Government, it was always likely that the interests of the ACT would be subordinated to national interests.
I do not wish to be misunderstood. My point is not that the Hawke Labor Government has not moved to address the issue of occupational health and safety. However, its achievements have been to develop, with the States and Territories and peak union and employer bodies, a national strategy and to establish the Occupational Health and Safety Commission, which operates as Worksafe Australia.
However, the fact is that, despite a commitment to the development of an ordinance to cover occupational health and safety for the ACT private sector, the Federal Government was unable to achieve this in the past six years to when the first ACT Government was elected. Under Minister Scholes, a consultant had been engaged to draft an ordinance for the private sector, and a working group was established with representation from employers, trade unions and government.
Responsibility was transferred to Worksafe Australia when that organisation was established in 1985. Its energies were directed into coordinating the development of legislation covering both the ACT private sector and its own employees. The end result was than an ACT ordinance was effectively stalled for two years. In November 1987 responsibility for developing and administering an ordinance was passed to the ACT Administration. There was a requirement for the ordinance to be broadly consistent with legislation covering Commonwealth employees, and this did not assist the speedy development of an ordinance.
It was the view of Minister Brown that the legislation should reflect the fact that the ACT operates as an island within New South Wales. The working group established by the ACT Administration also visited Victoria and South Australia to examine their legislation. Because the New South Wales legislation did not cover workplace arrangements for employers of fewer than 20 employees, New South Wales was considered deficient in that regard.
The report of this working party was released for comment in May 1988. Some 600 copies of the report were issued over the next two months. At the end of the consultation period the comments of employers, unions and other interested parties were reviewed in a process which anticipated the tripartite council provided for in the legislation.
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