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Legislative Assembly for the ACT: 2004 Week 06 Hansard (Tuesday, 22 June 2004) . . Page.. 2424 ..

I move amendment No 4 circulated in my name [see schedule 3 at page 2446].

This amendment substitutes the words “employee organisation” with the words “registered organisation”. As I said previously, it is necessary to extend the right of entry to all organisations registered under the Commonwealth Workplace Relations Act in line with other amendments. The amendment also deletes the words “employees who are” to enable authorised representatives to interview members or eligible members of their organisation, rather than employees who are members. Once again, the amendment is consequential to the government’s first amendment and extends the power to interview persons to employer organisations. Members should note that adequate protections are preserved by the proviso that interviews can only be conducted with the person’s consent.

Amendment agreed to.

MS GALLAGHER (Minister for Education and Training, Minister for Children, Youth and Family Support, Minister for Women and Minister for Industrial Relations) (12.17): I move amendment No 5 circulated in my name [see schedule 3 at page 2446].

This amendment addresses a concern raised by the scrutiny of bills committee in its report on the bill. The amendment rephrases the power to examine and copy documents as a requirement. The effect of the amendment is to ensure that the occupier of a premises is involved when an authorised representative exercise powers to examine and copy documents. This ensures that the occupier has an opportunity to make an effective claim of privilege in relation to certain documents.

The amendment also inserts a note to alert people that, in accordance with section 88 of the OH&S Act, it is an offence for a person, including an authorised representative, to disclose protected information obtained while exercising a function under the act. Protected information includes personal information, trade secrets and information the release of which would have an adverse effect on a person’s business affairs.

MS DUNDAS (12.18): This issue has been brought to my attention on a number of occasions, as many stakeholders have expressed concern at the ability of an authorised representative to access documentation held by an employer. This is a very important amendment, to clarify some of the issues that have been raised. Firstly, with these amendments an authorised representative cannot go searching through a workplace in order to find a document. They are only empowered to request the document and be granted access in that way.

Secondly, the amendment inserts a note that draws attention to section 88 of the act, which states that “a document or other evidence cannot be used for any purpose other than the purposes prescribed in this act”. I believe that these two provisions clarify that authorised representatives have only limited access to documents and may not use them for any purpose other than those laid out in the OH&S Act. I am happy to support these amendments, and I am glad that the minister has foreseen the importance of having these amendments in the legislation.

MS TUCKER (12.19): The Greens will be supporting this amendment. It includes a note to alert people that it would be an offence if an authorised representative disclosed

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