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Legislative Assembly for the ACT: 2003 Week 13 Hansard (27 November) . . Page.. 4877 ..

COMMISSIONER'S FUNCTIONS (continuing):

excellent legislation is already in place. The government, through the implementation of this legislation, would just be adding another layer of red tape to bog down people.

If the government gave WorkCover additional resources this legislation would then be redundant. Most employers want to do the right thing. Despite what the government has said, businesses in the ACT want to do the right thing. In fact, that statement is borne out by a huge increase in the number of businesses contacting ACT WorkCover. People are not running from the problems; they are seeking a solution to them. This government, to its credit, has provided a solution, which should be implemented.

Surely no reasonable and sensible business owner believes that any injury in the workplace is acceptable. What is this government's true agenda? It could be summed up best by referring to comments that were made by the Australian Chamber of Commerce and Industry. It states:

The ACT government's proposal is a matter of national policy concern to the Australian business community.

It is an unnecessary proposal that responds to an extreme union agenda. Governments and parliaments in Queensland and Victoria have already rejected it.

An industrial manslaughter law does not reduce the risk of workplace fatalities in Australia, which are decreasing as employers and employees increase awareness and communication on workplace safety.

A separate statutory offence of industrial manslaughter diminishes the real focus on occupational health and safety in the workplace.

If we want to achieve-

Mr Stanhope: Garbage.

MRS BURKE: The Chief Minister knows that that is not garbage. This legislation, which is an absolute sham, will serve no good purpose at all. Legislation is already in place and we also have a good body of people. If this bill becomes law it would send the wrong message to investors in small and medium-size businesses, which are the backbone of this city and Australia. The Australian Chamber of Commerce and Industry also states:

Enactment of the bill would send a message to investors (especially small and medium business) that the ACT is a jurisdiction of high risk and excessive sanction in terms of business activity.

I do not think this government wants to become known as a jurisdiction of high risk and excessive sanction. What a lovely title that would be! The Australian Chamber of Commerce and Industry also had this to say:

When OHS becomes the 'whipping boy' for extreme and unbalanced policy responses by government the importance of OHS in the workplace is diminished.

[Extension of time granted.]

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