Page 5729 - Week 15 - Thursday, 10 December 2009
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MS GALLAGHER (Molonglo—Deputy Chief Minister, Treasurer, Minister for Health and Minister for Industrial Relations) (4.32): The love-in is over. The government will not be supporting this amendment, in the nicest possible way, Ms Bresnan, for the reasons outlined in regard to Ms Bresnan’s first amendment.
MRS DUNNE (Ginninderra) (4.32): It was nice while it lasted, but there is a selective love-in here because I am agreeing with the government. This amendment, like No 1, removes the ability of the chief executive to consider an employer’s history of compliance when deciding to determine a lower recovery amount penalty for avoiding the payment of a premium, usually due to the lodgement of a false wages return. I simply reiterate the comments made in relation to Ms Bresnan’s amendment No 1. The same scenario applies and the Liberals will not be supporting the amendment.
Amendment negatived.
MRS DUNNE (Ginninderra) (4.33): I move amendment No 3 circulated in my name [see schedule 1 at page 5769].
This amendment is exactly the same as my amendment No 2 and serves exactly the same purpose. My amendment No 3 comes out of the scrutiny of bills committee report. I would like to particularly thank parliamentary counsel for the advice that they gave on this particular matter.
MS BRESNAN (Brindabella) (4.34): As with Mrs Dunne’s previous amendment, we will also be supporting this. As has been noted, it comes out of the scrutiny of bills report and does improve the compliance.
MS GALLAGHER (Molonglo—Deputy Chief Minister, Treasurer, Minister for Health and Minister for Industrial Relations) (4.34): Just briefly, the government will support this amendment, for the same reasons that we outlined for Mrs Dunne’s previous amendment.
Amendment agreed to.
Clause 28, as amended, agreed to.
Remainder of bill, by leave, taken as a whole.
MS BRESNAN (Brindabella) (4.35), by leave: I move amendments Nos 3 to 7 circulated in my name together [see schedule 2 at page 5770].
These amendments permit the chief executive responsible for seeking recovery amounts in the event of avoided premiums or payments to the default insurance fund to seek all or part of the recovery amount from the culpable executives regardless of the status of the business. Under the bill as it currently stands, the chief executive can only seek amounts from a culpable executive in the event that the company is unable to pay or has been wound up.
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