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Legislative Assembly for the ACT: 1996 Week 4 Hansard (16 April) . . Page.. 903 ..

MR DE (continuing):

and other agencies in reviewing all open compensation claims, commencing with those for over 45 weeks' absence. Internal reviews have commenced of claims and management processes to ensure that all information needed to manage claims is gathered in a timely manner at the outset so that any delays are eliminated. A review of premium arrangements is under way, in conjunction with Comcare Australia, to ensure that premiums most accurately reflect individual agency performance and that good performing agencies are rewarded for their improved management efforts. A review of rehabilitation case management practices is under way to ensure that injured employees are provided with the best possible assistance to return to work.

The Government does not agree and did not agree with the recommendation of the select committee that a statutory authority should be set up to take over the employer responsibilities for occupational health and safety and rehabilitation, and I thank Mr Berry and Mr Moore for seeing the light on that as well. To set up an authority would be a move in exactly the opposite direction to where we need to go. To take away the very responsibilities that we want our managers to undertake is not a responsible move, as it would encourage a lack of ownership of the issues that need to be managed and would add to the bureaucratic burden. Management responsibility should rest clearly with the manager, who must be held accountable for the management and performance overall in these vital areas. We should not offshore this responsibility to a statutory authority with no accountability in the area where the injured worker is located.

In addition to it not being the best management approach - it is confirmed by our own consultants' reports as well - there is a legislative barrier preventing the management of occupation rehabilitation and workers compensation by an ACT statutory authority. Currently, workers compensation for ACT public sector workers is under the Safety, Rehabilitation and Compensation Act 1988, which is Commonwealth legislation. Therefore, any statutory authority would have no power. In going in the direction of improved management, and to demonstrate our commitment to demanding accountability, the Government has included specific reference to occupational health and safety rehabilitation and workers compensation management in all chief executive and senior executive contracts. These provisions will then flow down through public sector organisations to supervisors and line managers, who will also be held accountable for injury prevention and management.

The Government agrees, however, with the thrust of the Assembly committee's report that there is a need for some independent oversight of public sector workers compensation and rehabilitation and proposes, by way of this amendment, to expand the role of the Occupational Health and Safety Council to fulfil this role. This expansion of the council's role will bring both private sector and public sector workers compensation, rehabilitation and occupational health and safety under common scrutiny and is a move that supports the observations of the 1994 Industry Commission report on workers compensation in Australia, which recommended strengthening these relationships. Once again, I thank Mr Berry, Mr Moore and all the other people who were consulted, including the Trades and Labour Council, the unions and businesses, for agreeing to this move as well.

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