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Legislative Assembly for the ACT: 2004 Week 06 Hansard (Tuesday, 22 June 2004) . . Page.. 2431 ..

Question so resolved in the negative.

Amendment negatived.

MS GALLAGHER (Minister for Education and Training, Minister for Children, Youth and Family Support, Minister for Women and Minister for Industrial Relations) (12.45): I move amendment No 13 circulated in my name [see schedule 3 at page 2446].

I have said a number of times this evening that a key objective of this bill is to create consistency with the new dangerous substances legislation, particularly in regard to powers and functions of inspectors and the chief executive. Consistency will assist work safety inspectors in the proper exercise of their functions. When this bill was introduced the dangerous substances legislation had not been debated. During consultation on the bill Ms Dundas suggested that the bill would be improved if paragraph 197 (2) (d) were removed, and the government agreed. As the proposed new section 93C is identical to clause 197 of the Dangerous Substances Bill, section 93C (2) (d) should also be removed, along with the examples associated with it.

MS DUNDAS (12.46): I briefly note that this amendment and the minister’s next amendments are bringing this bill into line with the changes made to the Dangerous Substances Act. Those changes are based on concerns that we were giving the chief executive of WorkCover an automatic exemption from defamation laws, which I believe is inappropriate. I will be supporting this and the two subsequent amendments.

MS TUCKER (12.46): Government amendments 13, 14, and 15 reflect amendments made to previous government legislation such as the Dangerous Substances Act. We do not accept that the chief executive should be given carte blanche to publish anything they thought fit regarding someone convicted of an offence under this act. While the examples given in the legislation looked innocuous enough, the provisions allowed for a lot more to be done to which the constraints of the Civil Law (Wrongs) Act do not apply. I am pleased that the government has taken the action itself to remove this dimension of the naming and shaming provision.

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) (12.48): Mr Speaker, I move amendment No 14 circulated in my name [see schedule 3 at page 2446].

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