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Legislative Assembly for the ACT: 2000 Week 11 Hansard (29 November) . . Page.. 3351 ..
MR BERRY (continuing):
Australian workplaces. Yes, members, significant advances have been made, but it is clear that much is left to do. The bill I have introduced today adds to my commitment to make ACT workplaces as safe as possible. This bill introduces a system of on-the-spot fines for minor breaches of the ACT's Occupational Health and Safety Act.
Mr Speaker, I acknowledge the support of non-government members in this Assembly-my Labor colleagues and Ms Tucker, Mr Kaine, Mr Osborne and Mr Rugendyke-for their contribution to my earlier moves to improve safety in ACT workplaces. You will recall the resistance and dissembling attitude of this Liberal government in the wake of their humiliation over the tragic hospital implosion and their failure to keep open possible prosecutions under the Occupational Health and Safety Act, notwithstanding the fact that the Attorney-General had been warned of the problems by the coroner.
The Attorney's failure to address this issue was, and remains, a significant indicator of what the Liberals feel about punishment for safety breaches. It is impossible to conclude any sense of concern about punishment against the background of this failure to act. That is true of the government in respect of the bill I have introduced today.
Five years ago the Industry Commission, in its Work, Health and Safety report, comprehensively recommended a shift to a more deterrence-based approach to occupational health and safety-yes, five years ago. In its assessment the commission said:
In the Commission's view, the current approach to enforcement is not working. A survey by Deloitte Touche Tohmatsu on behalf of the Commission revealed significant non-compliance...The survey found that only 28 per cent of workplaces had a high level of compliance. The level of non-compliance exists despite strong efforts by the trade unions to identify general problem areas and to bring particular cases to the attention of the OHS agencies and its inspectorate.
Although there is significant non-compliance, only a limited number and range of offences are being prosecuted. This is despite the actions taken by the trade union movement to draw attention to the areas in question. The Commission's analysis indicates that:
- prosecutions are less than 5 per cent of formal sanctions by inspectorates;
- where the right exists (New South Wales), only one private prosecution has ever been brought;
- very few prosecutions are brought under the various Crimes Acts;
- of the offences prosecuted, most involve death or serious harm;
- most prosecutions are against corporations (as opposed to individuals);
- 75 per cent of prosecutions are successful;
- the average fine imposed by the courts is $3347;-
that was in 1995-
- the highest fine ever imposed is $120,000 in Victoria; and
- the maximum penalties-including imprisonment-have never been used in any jurisdiction.
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