Page 2826 - Week 09 - Thursday, 27 September 2007
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .
provisions, the bill increases the number of ministerial appointees from three to four. This brings the number of ministerial appointees in line with the business community and employee representatives on the council. This amendment has no cost implications, nor does it shift the balance of member representation on the council.
It is worth noting that the nature of the OHS council is an advisory one, to advise me, as the minister responsible for OHS policy and legislation, on relevant matters. Whilst the council is a very important body, it does not have a decision-making capacity, and given its important advisory role it is not a body that votes on matters. In fact, the council often provides advice to me outlining the range of opinions that are expressed by its members.
Members would be aware that the new OHS council is currently up for reappointment. These amendments will allow me to appoint a representative from the Office of Regulatory Services, which is responsible for the regulatory aspects and enforcement of the OHS act. The OHS commissioner is retained as a statutory appointment on the council. However, as the commissioner is no longer the head of the OHS regulator, there is a need to provide an extra member to ensure that the regulator is represented. The bill achieves this objective.
Apart from making the amendment to provide for an additional member, the remaining provisions in part 2 of the act have been reviewed and updated to ensure that the new council can be appointed under a modernised scheme. I outlined in my presentation speech for the bill what these changes are, but I will summarise them once more.
The amendments create a statutory requirement that the chair be independent of employer and employee members. The bill transfers the council’s powers under part 5A of the act concerning inquiries and reports in relation to matters affecting public employees of the Chief Executive of the Department of Justice and Community Safety, which is consistent with the government’s decision to transfer regulatory functions to that department. The bill also clarifies member representation and requirements and removes provisions from the OHS act that are covered in the Legislation Act 2001. Finally, the bill modernises the existing provisions in part 2 and brings them into line with current drafting practice and human rights standards.
I stated earlier that the bill, contrary to some beliefs, contains relatively minor amendments. I say this because there appears to be a level of discomfort surrounding the amendments proposed to the construction of safety duty offences in the OHS act and the Dangerous Substances Act. Officers from my department have met with some stakeholders to allay these concerns and I will be responding to other stakeholders who have raised similar views.
I would like to take this opportunity to reiterate to everybody today that these amendments are absolutely not bringing the territory’s OHS offence structure in line with the existing regime in New South Wales. This bill does not introduce a reverse onus of proof regime for safety duty offences in the OHS act. I understand that there remains a level of confusion surrounding strict liability in the territory. As Dr Foskey identified, the Standing Committee on Legal Affairs is currently inquiring into strict
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .