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Legislative Assembly for the ACT: 2000 Week 6 Hansard (24 May) . . Page.. 1750 ..

MR SMYTH (continuing):

Mr Speaker, the government wants to move quickly to complete the process of implementing the new arrangements for the delivery of occupational health and safety and workers compensation regulatory services. The Occupational Health and Safety (Amendment) Act (No 2), which established the commissioner's position, comes into effect on 23 June this year. Members will note that this government bill to create the corporation sole is tied to commencement of the act. In other words, the bill will not delay the implementation of the new independent arrangements sought by the Assembly.

Indeed, to achieve effective implementation of the commissioner position it is important that we deal with this bill now. The reason is simple. This is the last sitting week available before the 23 June commencement date. If we fail to deal with this matter now, the commissioner will not have appropriate resource management powers for the functions allocated to the position.

This situation will remain for as long as it takes the Assembly to return to the matter. That would clearly be at odds with the Assembly's original and unmistakable intention for the commissioner to be independent. As a territory instrumentality, the commissioner will have to maintain a separate audited set of accounts, report on these annually, and provide to the Treasurer a statement of intent for the coming financial year. These are standard provisions under the Financial Management Act.

As I have just mentioned, members will note that this bill, if passed by the Assembly, will commence on 23 June this year, just one week short of the completion of the current financial year. I am advised that the effect of this would be to require the commissioner to provide the Treasurer with a statement of intent for the one week period as well as to provide fully audited financial statements for the same period. This is clearly an administrative detail which, in this very short transition period, adds no value to good government or accountability generally.

Mr Speaker, please let me emphasise the following: I therefore foreshadow to members that should the Occupational Health and Safety Amendment Bill 2000 (No 2) be agreed to, then the government will, under section 3, part 2 of the Financial Management Act, declare the Occupational Health and Safety Commissioner not to be an authority for the purpose of the Financial Management Act for the period 23 June to 30 June 2000 only, simply to avoid that burden which I do not believe anybody here intended to be placed on the commissioner.

Mr Berry on several occasions in this Assembly asked the government to explain what is deficient about his bill. He cites that he used the Auditor-General Act to obtain the staffing powers provisions he proposes for the commissioner. He has suggested that, if his amendment is inadequate, then the government had best look at the Auditor-General Act to remove any problems there as well.

Mr Berry, there are no problems with the Auditor-General's resource management powers under his act. You have missed the point. You have not appreciated that your amendment to the Occupational Health and Safety Act did not give the commissioner any powers under the Financial Management Act. You also have not understood that, to effectively discharge chief executive powers, the commissioner needs to administer an

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