Page 68 - Week 01 - Tuesday, 12 February 2008
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The government is keen to improve the quality of life for all Canberrans and to ensure equality of opportunity, particularly for those at a social disadvantage and workers generally. A Long Service Leave Amendment Bill will address unexpected anomalies arising from amendments to the Long Service Leave Act 1976 in 2005. These created an entitlement to long service leave after seven years as opposed to 10 years. However, the accrued entitlement to long service leave is still calculated in five-year blocks after the initial seven-year eligibility period has been served. This has led to a situation in which eligible individuals are disadvantaged. The amendment will see entitlements accrue on an annual basis after seven years of service.
Reform of workers compensation will be further facilitated by amendments to the act relating to the functions of the default insurance fund. The fund was created under the provisions of the Workers Compensation Amendment Act, which folded the functions of the nominal insurer and the supplementation fund into the new fund. It is possible that the bill will also incorporate some changes prompted by the findings of the 2007 scheme review.
Recognition of parental leave entitlement is also to be expanded through new legislation that will propose to expressly prohibit employers from offering different access to parental leave entitlements on the basis of an employee’s sexuality.
A Security of Payments Bill will establish a mechanism for contractors in the building and construction industry to more easily claim and recover outstanding payments for services provided. Further work has been required to finalise the bill, as preliminary consultation indicated a greater disparity of views on an appropriate model than initially anticipated.
Attention will also be given to continuing a number of legal reforms. The government has already consulted the community on possible models that would allow for family members and relatives to provide consent to giving, withdrawing or withholding medical treatment to a patient who has no decision-making capacity. The Statutory Health Attorneys Bill 2008 will address this need by providing a mechanism for the Public Advocate to act in cases where family members, or other persons who are eligible to give consent, are not available, or when a dispute or confusion arises as to what decisions should be made on behalf of the incompetent person.
Some changes will be proposed to the Domestic Violence and Protection Orders Act to ensure that the provisions for the making of final orders are consistent with the Human Rights Act. Amendments will enable the Magistrates Court to review a final protection order, distinguish between procedural and substantial powers, and provide additional protection to respondents who have an identifiable legal disability.
Further amendments will also incorporate boyfriend/girlfriend type relationships into the legislation and will provide an appropriate mechanism for the exchange of information between the Chief Executive for the Office for Children, Youth and Family Support in circumstances where children are named on protection orders.
Changes are also to be made to the Crimes Act 1900, the Magistrates Court Act 1930 and the Evidence (Miscellaneous Provisions) Act to implement a number of
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