Page 2825 - Week 09 - Thursday, 27 September 2007
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and proportionate penalties will be taken into account in any eventual sentence. Given the serious nature of these offences, I assume that the government will put considerable effort into informing people who may be under a safety duty that such a duty exists. I would appreciate it if the minister’s office would contact my office to tell us what measures they take to advertise the existence of these duties.
The amendments to the termination sections of the current act are to bring the justifications for dismissal into line with current human rights practice. Ministerial discretion will apply, but it is good to see this ensures that the reasons for ending an appointment are relevant to the council and its functions. The amendment is probably unnecessary, as it is hard to imagine a minister abusing his or her power in such a blatant manner, but I do believe that such caution is warranted, as good laws should not place unnecessary reliance on the goodwill and propriety of future governments.
Changing the legislation to reflect current practice is also appropriate, as it intends to simplify OH&S arrangements in the ACT. In this case, it entails giving inquiry and reporting powers into matters concerning public employees to the chief executive, as these powers have always been delegated by the council in the past. With reference to clause 11, selecting a chair from the ministerial appointees is, again, standard practice, in order to ensure that neither employee nor employer groups are at a disadvantage. So setting out this requirement in writing simply ensures that protection.
The council is essentially a brains trust of OH&S professionals, and it has good representation from the unions, which are significant repositories of expertise and historical knowledge on OH&S issues. Hopefully, placing another ministerially appointed member on the council will mean increased and wider ranging representation. It is important that the representation is broad and representative. This should assist the government in reaching more equitable decisions on OH&S matters.
In a briefing on this act, the minister’s office advised my staff that both employer and employee groups are in regular contact about changes both inside and outside the council room. They have also told us that the future stages of changing OH&S requirements will include a consultation process and will allow for corrections to this amendment if necessary. I am always happy to hear government representatives express a commitment to meaningful consultation processes. Of course, I am even happier when I see such processes actually occurring in reality. Mr Temporary Deputy Speaker, I will be supporting these amendments.
MR BARR (Molonglo—Minister for Education and Training, Minister for Planning, Minister for Tourism, Sport and Recreation, Minister for Industrial Relations) (5.29), in reply: I would like to take this opportunity to thank members and members’ staff who attended briefings on the bill. It is a distinct club that has a very passionate interest in occupational health and safety matters. It is always reassuring to see the high level of interest that we get from members of the Assembly. I indeed look forward to working with members and other stakeholders on the next stage of the legislative reform, which will see a comprehensive package brought forward to the work safety legislation of the territory.
As was explained in the briefings and in my introductory speech, the bill contains relatively minor amendments to the OHS act. In relation to the OHS council
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