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Legislative Assembly for the ACT: 2002 Week 4 Hansard (11 April) . . Page.. 1162 ..

6. Is it usual for the Commissioner for Occupational Health and Safety to attend inspections at premises where fireworks are either sold, manufactured or used?

No.

7. If yes, how many inspections has that officer attended, (a) when, (b) where were the inspections held?

The current Commissioner for Occupational Health and Safety (the first to be appointed since that office was established) has not attended any inspections at such premises as Commissioner.

Prior to appointment to the position in June 2000, the Commissioner was the General Manager of ACT WorkCover. That position was also Registrar under the Occupational Health and Safety Act and an Inspector under the Dangerous Goods Act.

The General Manager attended two inspections. These inspections were conducted in Watson and Fyshwick. The General Manager attended these sites in a support role for WorkCover inspectors designated to carry out the inspections.

8. How many charges or prosecutions (civil and criminal) have been initiated by WorkCover against traders in the fireworks industry?

ACT WorkCover does not initiate prosecutions; it refers briefs to the Director of Public Prosecutions (DPP) for consideration of laying criminal charges.

There are no provisions for civil charges under the Dangerous Goods Act 1975.

The DPP has commenced action for ten charges for breaches of the Dangerous Goods Act 1975 since the 24 June 2000.

9. What were the outcomes of these civil and criminal actions?

Of these criminal charges, one matter was withdrawn by the DPP, and all other matters are at mention or hearing stage in the ACT Magistrates Court.

One charge under the Crimes Act 1900 for an assault against a [female] WorkCover inspector was finalised during this period. The charge was found proven and upheld on appeal.

10. How much money has been expended by WorkCover in charges and prosecutions against members of the fireworks industry since 24 June 2000?

To date, no figures in relation to charges and prosecutions have been compiled. The matters are still ongoing and costs cannot be provided until matters are finalised.

11. Has the Commissioner for Occupational Health & Safety, provided advice to (a) the Minister or (b) a public servant, on the closure of the fireworks industry?

No.

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