Page 1432 - Week 08 - Tuesday, 26 September 1989
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after delay. Let us ask why there is a delay. Let us not forget that occupational health and safety was a major concern for the committee that was set up to advise Minister Holding back in April. "Let us get that legislation through" was Labor's call and they attempted to get it through at that point. Then it came to this Assembly; it went to a committee; the committee reported; and there was delay after delay. After the committee reported, I must say I had expected the Government to bring down the legislation immediately, but if the committee does not report in exactly the way you want it to the only tactic that is left to you is to delay it.
What about the duty of care? What about the most important function of it? Have we suddenly forgotten that? Was that not the important part of the legislation? The Government certainly has a choice. Eventually, if it believes it can convince people to go a different way, it would have the prerogative to amend the legislation, to include the unions, if that is what the Government believes is the general feeling of the people of the ACT. It has that prerogative, but in the meantime it delays the duty of care to people. So we get situations such as that cited at the Monaro Mall where I am aware of at least one worker who has left the job because of the dust that was circulated through the work area, a matter that should have come under this sort of legislation.
The delay is having an impact on people right now and that legislation should be brought forward. But the Government is influenced in this case by the TLC which is saying, "No, don't bring it forward because we are not getting exactly what we want. We are prepared to ignore the duty of care of the occupational health and safety of our workers because we want something more". That is the reality of the situation and it is a shameful situation on the part of the TLC and of the Government.
I would say that, on the one hand, we have a very positive situation where major unions and the TLC were involved in the statement that Mr Berry made. That is a very positive situation on the part of the Government, the Community and Health Service and the officers of that service but on the other hand at the same time the Government which claims credit for that is not able to act and get credit where it is due, and that is what we have to see.
So while we have got this example, let us make sure that it is followed very carefully and that we see that this Occupational Health and Safety Bill is brought down. First of all, we must complete the debate on the select committee's report and then get to the Bill and debate the detail stage as quickly and expeditiously as we can. I urge the Government very strongly to make some effort to protect workers in the ACT and bring that Bill down for debate.
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