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Legislative Assembly for the ACT: 2000 Week 6 Hansard (24 May) . . Page.. 1749 ..

MR SMYTH (continuing):

Against this background, the findings of the coroner also cannot be ignored. We must remember that the coroner was particularly concerned about inappropriate departmental interference. It was for this reason that he recommended that WorkCover be constituted as a statutory authority independent of any departmental control.

Mr Speaker, the bill the government now brings before the Assembly maintains the functions, powers, roles and references to other laws that are established for the commissioner in the Occupational Health and Safety Act. It maintains the accountability requirements and the relationships. The tabling in the Assembly and the funding for the costs of any directions issued to the commissioner by the minister remains. The requirements for annual and quarterly reports are all there.

We have not changed the existing requirements. We have given the commissioner an organisation. This bill creates the commissioner as both an individual and a corporation sole. In other words, the commissioner is a single person authority: no boards of management are involved here. No-one, other than a minister using the existing clearly defined role and accountability to the Assembly under the act, sits above the commissioner.

This structure gives the commissioner real management independence. Clause 25H of the bill provides that the corporation has perpetual succession, may sue and be sued, has all the privileges and immunities of the territory, has all the powers of an individual and may enter into contracts, acquire, hold or dispose and deal with property. Importantly, it also declares the commissioner to be a territory instrumentality for the Public Sector Management Act.

I draw members' attention to the note in the bill after clause 25H(3). It says:

Mr Speaker, this places beyond doubt that the commissioner will have all the necessary powers under the Financial Management Act and the Public Sector Management Act to conduct the functions allocated to the commissioner. Under our arrangements, the commissioner will not be beholden to a chief executive for resources, and no chief executive will be accountable for management actions of the commissioner. The commissioner will not have a board of management to deal with or through. All the accountability and responsibility chains are clear and appropriate.

The government has also taken a comprehensive approach in assessing the arrangements for the commissioner. It is for that reason that members will see that we have inserted two additional provisions. At clause 25D we have enabled the minister to grant the commissioner leave of absence from duty. The act as currently framed gives no such power. We have also added at clause 25E the ability for the executive to add to the conditions of employment for the commissioner beyond those provided under other laws of the territory. While minor, this provision would enable the executive to have some discretion to add to conditions of service enjoyed by the commissioner. It does not remove the commissioner from the coverage of the Remuneration Tribunal Act, but supplements it.

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