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Legislative Assembly for the ACT: 1999 Week 13 Hansard (7 December) . . Page.. 3910 ..

MR BERRY (continuing):

the Dangerous Goods Unit -

should be an independent statutory authority with appropriate funding and resources. Both bodies should be created as one autonomous statutory unit independent of any departmental control answerable to a Minister of the Legislative Assembly. The models adopted in other states of Australia would seem to suggest that this is a practical way to ensure workplace and public safety is preserved.

That seems fine to this point. The recommendation continues:

An important issue which has been left out of this legislation is the position of the stakeholders. There is no suggestion in this legislation that the recommendations of the coroner in relation to the stakeholders have been incorporated. In fact, they have been deliberately excluded. Mr Speaker, the only place where the stakeholders remain is in the Occupational Health and Safety Council, established under the Occupational Health and Safety Act. Yes, Mr Speaker, the Occupational Health and Safety Act will continue to operate; but, under the Government's model, the WorkCover authority will be the superior body in the scheme of things and will manage all the affairs of the Occupational Health and Safety Act.

The approach of the Government was taken in a complete vacuum when it comes to the issue of consultation. No attempt was made at that. My contacts on the Occupational Health and Safety Council have been asked to consider not one word in relation to the establishment of this legislation. They were not even consulted. How appalling! The premier advisory body for occupational health and safety in the ACT was not even consulted about the development of new legislation which would cover their future affairs. How is it that the Government has come to a conclusion in relation to this legislation without consulting its premier tripartite advisory council?

I note that the Trades and Labour Council have written to members urging them either to delay the legislation which has been put forward by the Government or to defeat it and support the legislation which I have put forward. I will demonstrate in due course that the legislation which I have put forward is quite up to the job and satisfies the requirements, not only of the coroner in his report, but also of the other circumstances which gave rise to the need for statutory independence for those people delivering occupational health and safety services in the ACT. Mr Speaker, the Government's legislation has missed the point. Not only has it enshrined ministerial interference, but also it has ignored that important part of the coroner's recommendations in relation to stakeholders. The legislation I have introduced accommodates that quite adequately; it accommodates the existing arrangements.

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