Page 2390 - Week 08 - Thursday, 30 August 2007
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A significant amount of work has gone in to the planning and development of the new legislation. This is a major initiative that has been identified in the 2007-08 budget.
As I mentioned, the legislation will, among other things, address the recommendations contained in the council’s review. The legislation will also reflect the new governance arrangements for the delivery of OHS regulatory functions through the Office of Regulatory Services. It will also incorporate national work, through the Australian Safety and Compensation Council and COAG, to develop nationally consistent OHS standards and principles for adoption by state and territory governments. I understand a level of agreement is expected to be reached on these principles shortly.
This is of extreme significance to the territory as the timing will enable us to be one of the first jurisdictions to implement the nationally agreed principles and be at the forefront of OHS regulation. It will also see the territory better placed to adopt and implement nationally agreed codes of practice and standards for OHS.
This government is dedicated to modernising and improving the regulation of work safety in the territory. A further example of this is the Attorney-General’s recent announcement of the retention of an independent Occupational Health and Safety Commissioner as part of the establishment of the Office of Regulatory Services.
The establishment of the Office of Regulatory Services was announced in last year’s budget and brought together regulatory activities associated with the Office of Fair Trading, ACT WorkCover, the Registrar General’s Office, Parking Operations, tobacco licensing, outdoor cafes and the Independent Competition and Regulatory Commission to remove unnecessary duplication of administrative costs.
Under the revised arrangements OHS enforcement activities are being undertaken by the Office of Regulatory Services. The independent Occupational Health and Safety Commissioner will report to me, as Minister for Industrial Relations, and will primarily be responsible for promoting understanding, acceptance of and compliance with the OHS Act and associated laws. The commissioner will also undertake research and development of educational programs to promote occupational health and safety and review ACT laws to monitor consistency with the Occupational Health and Safety Act.
The commissioner will play a critical role in raising awareness within the community of OHS responsibilities, including responsibilities under new legislation. Retention of the role also demonstrates the importance this government places on education and promotion of work safety in the territory. OHS enforcement must involve the appropriate use of a range of enforcement strategies. These strategies begin with education and advice and can escalate, in appropriate situations, to prosecutions and sanctions—this is commonly referred to as the “enforcement pyramid”.
Such a pyramid approach stimulates involvement in health and safety outcomes through a balance between advice and education at the bottom, broader end of the pyramid and persuasion and punishment at the top. The commissioner will play a key role in the provision of education and advice and will conduct research and develop
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