Page 2261 - Week 11 - Tuesday, 31 October 1989

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I would reiterate that a safety rep who was causing trouble by taking these actions can merely be disqualified. Mr Duby said he thought he should perhaps be thrown in gaol if that occurs, but we are not proposing that. Indeed, if there is a problem in that particular workplace he can merely be replaced by another safety representative, who may indeed be no better. It may be no penalty to be merely disqualified. This does put in a real penalty.

Finally, I am glad Mr Jensen has been paying attention. Unfortunately he probably has not been paying sufficient attention. I did indicate three clauses where there are penalties or sanctions for a safety representative, those being 30, 47 and 50. Of course what we have in clause 47 at present is just a sanction.

Question put:

That the new clause be inserted.

The Assembly voted -

AYES, 6  NOES, 11

Mr Humphries Mr Berry
Mr Kaine Mr Collaery
Mrs Nolan Mr Duby
Mr Prowse Ms Follett
Mr Stefaniak Mrs Grassby
Mr Stevenson Mr Jensen
 Dr Kinloch
 Ms Maher
 Mr Moore
 Mr Whalan
 Mr Wood

Question so resolved in the negative.

Clauses 48 and 49, by leave, taken together, and agreed to.

Clause 50 (Issue)

MR STEFANIAK (9.40): I move:

Page 26, lines 5-6, omit "the representative believes on reasonable grounds that".

In relation to this, Mr Speaker, we have here strict liability in relation to actions taken by employers and here at present the safety representative can believe on reasonable grounds that a person is contravening a provision of the Act or is likely to contravene a provision of the Act or the regulations. It states:

A health and safety representative shall not give a provisional improvement notice to a person unless the representative believes on reasonable grounds that -

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