Page 1128 - Week 04 - Thursday, 21 March 1991

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I note with interest Mr Berry's comments that this Bill has been rushed through in seven days. I am reminded of the fact that a Bill was presented to the Assembly yesterday in private members' business which had also had seven days' notice, but that was not described as being rushed. It is interesting that we require seven days for opposition Bills, but longer is needed for government Bills.

Mr Berry: Which Bill are you talking about?

MR HUMPHRIES: The food Bill yesterday had seven days' notice, do you remember?

Mr Berry: You did not complain about it yesterday. Why are you complaining today?

MR HUMPHRIES: Yes, I did.

Mr Kaine: You are the one who is complaining. Our time scale is supposed to be different from yours.

MR HUMPHRIES: That is right.

MR SPEAKER: Order!

MR HUMPHRIES: Mr Speaker, the appeal mechanism can be either to the registrar or to the Review Authority. That system ensures a series of checks and balances, so that power is exercised reasonably and the risk makers and risk takers get a fair go. If the employer or the occupational health and safety representative appeals to the registrar and there remains a dispute, the disaffected party may then appeal to the Review Authority. So far, I am told, Mr Speaker, employers and employees have largely taken a very responsible attitude to the legislation. There have been 40 improvement notices and 15 prohibition notices issued by inspectors of the Occupational Health and Safety Office, none of which have elicited an appeal, and that is, I think, a very positive sign that the system has been working and is effective.

The system being put in place through this legislation is not unusual. The Federal Government's Occupational Health and Safety (Commonwealth Employment) Bill has passed both houses of Parliament and is expected to be operational very shortly. That Bill also provides for a review authority which will also be, of course, the Australian Industrial Relations Commission. There is obviously some value in having that body acting in the same capacity for both jurisdictions.


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