Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .

Legislative Assembly for the ACT: 2004 Week 06 Hansard (Tuesday, 22 June 2004) . . Page.. 2421 ..

Clause 14 agreed to.

Clause 15 agreed to.

Clause 16.

MS GALLAGHER (Minister for Education and Training, Minister for children, Youth and Family Support, Minister for Women and Minister for Industrial Relations) (12.06): I move amendment No 2, circulated in my name [see schedule 3 at page 2446].

This amendment does three things. First, the amendment removes the concept of “employee organisation” and replaces it with “registered organisation”. As drafted, the bill currently provides that employee organisations registered under Schedule 1B of the Commonwealth Workplace Relations Act may authorise representatives to exercise right of entry. The effect of the amendment is to allow all registered organisations—not just employee organisations—to authorise representatives. The amendment effectively extends the right of entry to authorised representatives of employer organisations. This is upon the request of the ACT Chamber of Commerce and Industry and is consistent with the right of entry provisions contained in the Workplace Relations Act.

Second, the amendment provides that an organisation may only authorise an officer or employer who has undertaken the training required under the regulations. This is related to the government’s 19th amendment, which would amend the Occupational Health and Safety Regulations 1991 to provide that completion of an approved training program for health and safety representatives is required for appointment as an authorised representative. This amendment will improve the right of each of the provisions by ensuring that representatives have a sound working knowledge of ACT OH&S law and practice. Confining eligibility to trained officials will enhance the OH&S benefits they bring to workplaces.

This amendment creates a strict liability offence for a registered organisation which authorises a representative who is not an employee or office holder of the organisation, or who has not completed the required OH&S training. Further, the amendment effectively inserts a notification scheme for representatives authorised to exercise the right of entry. A registered organisation must notify the chief executive when a representative is authorised to exercise the right of entry and again when a representative ceases to be authorised.

Third, the amendment creates an offence when an organisation fails to notify the chief executive of these developments within one week. Like the other offences against this section, these are strict liability offences. Members should note that the defence of mistake of fact is available for strict liability offences.

MS DUNDAS (12.08): I seek leave to move amendments Nos 1 and 2 circulated in my name on the yellow paper together, which amend Ms Gallagher’s amendments.

Leave granted.

Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .