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Legislative Assembly for the ACT: 2000 Week 11 Hansard (29 November) . . Page.. 3353 ..

MR BERRY (continuing):

administrative penalties. I am advised that a similar approach is taken in the territory's road transport, litter and nature conservation acts, subject to any changes necessary to accommodate the subject matter of those laws.

In addition, the bill will widen the scope of possible penalties in relation to the prescribed penalties set out in section 27 of the act, which relates to the duties of employers in relation to employees, section 28, which relates to the duties of employers in relation to third parties, and section 29, which relates to the duties of persons in control of workplaces. With the passage of this bill, a decision on the issuing of an infringement notice or an action in the courts can be made taking into account the availability of codes of practice and compliance with them.

In my view, this move is significant in that it will provide a comprehensive reference point for consideration by WorkCover inspectors when forming a view about a possible infringement notice for a breach of sections 27, 28 or 29 of the act. According to the government's home page, there are 10 codes of practice which relate in one way or another to many of the ACT's workplaces. Members should note that regulations made pursuant to the act may also serve as a relevant matter to be considered by an inspector in forming the view that issuing an infringement notice is the appropriate course to follow.

Twenty-eight infringement notices have been set out in schedule 1 to the amended regulations accompanying this bill. These infringement notice penalties have been calculated to approximate one twenty-fifth of the prescribed maximum penalty in the case of major penalties, scaling downwards to an infringement notice penalty of $100, but have no application where the maximum penalty involves a jail sentence. I consider these penalty levels appropriate at this time as they are set at a sufficient level to create a deterrence against breaches of the act.

Fundamentally, this bill is about providing an addition to the armoury of our newly independent Occupational Health and Safety Commissioner in the pursuit of a safer workplace for the benefit of a wide cross-section of our community. I am confident that the passage of this bill will improve compliance in the workplace. It follows that this bill will lead to less pain and suffering from lower accident rates, lower workers compensation premiums and higher productivity and profits. This is undoubtedly a necessary reform which will improve social outcomes. Members, I seek your support for this important piece of legislation.

Debate (on motion by Mr Smyth ) adjourned to the next sitting.

Mr Osborne, pursuant to notice, presented the bill and its explanatory memorandum.

Title read by Clerk.

MR OSBORNE (11.00): I move:

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