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Legislative Assembly for the ACT: 2004 Week 06 Hansard (Tuesday, 22 June 2004) . . Page.. 2427 ..


trained professionals, who know how to access the workplace and determine what needs to be done, are the right people to enter premises.

We therefore oppose the clause in its entirety, as the power for ACT WorkCover inspectors is covered in the new division 5.2 under “general powers of inspectors”, and that is good enough. If the government has a problem with that, then they need to spend more money in improving ACT WorkCover’s capacity—to make sure they can cover all the inspection requirements across the territory.

Amendment agreed to.

Question put:

That clause 16, as amended, be agreed to.

The Assembly voted—

Ayes 9

Noes 6

Mr Berry

Mr Quinlan

Mrs Burke

Mr Stefaniak

Mr Corbell

Mr Stanhope

Mr Cornwell

Ms Dundas

Ms Tucker

Mrs Cross

Ms Gallagher

Mr Wood

Mrs Dunne

Ms MacDonald

Mr Pratt

Question so resolved in the affirmative.

Clause 16, as amended, agreed to.

Clauses 17 and 18, by leave, taken together and agreed to.

Clause 19.

MS GALLAGHER (Minister for Education and Training, Minister for Children, Youth and Family Support, Minister for Women and Minister for Industrial Relations) (12.31): I move amendment No 11 circulated in my name [see schedule 3 at page 2446].

At present there are two notes following proposed new section 75A (1) of the bill. The first note—“A reference to an Act includes a reference to the statutory instruments including regulations made or in force under the Act”—is correct; however, the second note contradicts the effect of proposed new section 75E, which displaces “the application of the privilege against self-incrimination” for proposed division 6.2. This amendment effectively retains the correct notes and removes the misleading note. The amendment is also necessary to ensure consistency with the Dangerous Substances Act.

MS DUNDAS (12.32): This is a simple technical amendment which I will not be opposing as it makes the intentions of the act clearer. However, I wish to briefly restate my concerns with the provisions in this act that displace the provisions of the Legislation Act that protect the privilege against self-incrimination. I know that there are some protections against the use of any evidence obtained by this method, such as it may not


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