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Legislative Assembly for the ACT: 2001 Week 8 Hansard (9 August) . . Page.. 2840 ..

MR BERRY (continuing):

My brief research into the matter in Australia revealed workers compensation developments in South Australia in about 1900. Workers compensation has developed in different ways in many of the states, especially in relation to the funding arrangements. In most states they were government guaranteed funding arrangements. We have seen some of the difficulties which have emerged, in particular in New South Wales, which surrounds us, because it is a government guaranteed system. In the ACT it is a private sector system; it is not guaranteed by the government. That principally, I think, is because of the development of the ACT much later than was the case with the states.

Mr Speaker, workers compensation goes well back into history and it has always been a sensitive issue for working people. I have been here since 1972 and I still hear employers complaining about the cost of workers compensation premiums. I think ever will it be so because it is not an inexpensive insurance. But at the end of the day, we have to understand, and we do understand, I think, that insurance companies operate a business in this area and essentially, if I can put it crudely for the purpose of this discussion, they run a book on the risk associated with workplace incidents.

I have always taken the view, ever since I got involved in the industrial wing of the labour movement-I think this is borne out by all of the efforts of legislators around this country, indeed, around the world-that they have sought to impose workplace safety as a measure to reduce premiums rather than cut the benefits to workers, though at times there emerges a tendency to cut benefits for workers. Mr Speaker, on the face of it, this legislation does not set out to do that. That is a welcome change to the usual response one gets in relation to workers compensation from governments, because it is usually about cutting benefits to workers. That has not been the full thrust with this legislation, though that is not to say that there are not concerns about the structure of the legislation and how it applies to workers in all of its forms.

The legislation is accompanied by draft regulations which the minister indicates it is his intention to pursue. There have been some questions raised about that by the Justice and Community Safety Committee in its role as the scrutiny of bills committee. It talked about the way that the regulations would be made to deal with matters which might more appropriately be found in the bill itself. Mr Speaker, that is a view that I happen to take.

Tonight Mr Smyth has distributed some government amendments which I understand have resulted from discussions with some of the stakeholders in workers compensation. I have been in discussion with the stakeholders as well and I have a few amendments.

Mr Smyth: When are you going to circulate them?

MR BERRY: There are 67 pages of amendments. I have told everybody that as soon as I have the final draft I will circulate them. I have been saying that all day. The last time I checked I had not got the final draft, so I cannot distribute them. As soon as I get them and I am satisfied with them, I will distribute them. Mr Speaker, there is a lot more work to be done in relation to this legislation, and that will occur a couple of weeks down the track because of other commitments by the minister. We will not be

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