Page 5022 - Week 12 - Tuesday, 26 October 2010
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MR SPEAKER: Yes, Ms Hunter.
MS HUNTER: Minister, why would retaining private prosecutions as they currently exist be inconsistent with clause 5.1.8 of the intergovernmental agreement on OHS reform that allows for additional provisions to be passed by individual jurisdictions?
MS GALLAGHER: Unusually, I do not have subsection 5.1 point whatever in front of me. This work has been ongoing for the past 18 months—I think it was under Minister Hargreaves, when he was industrial relations minister—to prosecute these arguments.
We have signed up to the national harmonised scheme. There is capacity, for example, in our asbestos regulation where we are looking to use that part of the IGA to ensure that we do not see a diminution of existing protections. But I think the fact that we have access through common law for third party prosecutions provides for unions and/or workers to pursue those claims.
Where we think there will be a diminution in third party prosecutions—we have not had any prosecutions—there is an existing capacity through common law and we do not need to use that part of the IGA. But, for example, with asbestos regulation, we do believe that, if we adopted the national scheme, we would see a diminution, and we are seeking to access that part of the IGA to provide those protections.
MS LE COUTEUR: A supplementary, Mr Speaker.
MR SPEAKER: Yes, Ms Le Couteur.
MS LE COUTEUR: Minister, what guarantees can the government give that in the event of breaches of OH&S legislation in the ACT all prosecutions of breaches will take place promptly, competently and impartially?
MS GALLAGHER: Competently and?
Ms Le Couteur: Impartially—promptly, competently and impartially.
MS GALLAGHER: I am not sure where that question comes from, whether—
Mrs Dunne: On a point of order, Mr Speaker, I would just seek your direction on whether or not the comments made by Ms Le Couteur might be considered a slur on the judiciary. That would be contrary to the standing orders.
MR SPEAKER: I certainly did not hear that in the comments, Mrs Dunne, but one moment.
Mrs Dunne: Ms Le Couteur used terms like “prosecuting” and progressing matters “competently and impartially”, and she used some other words. I think it is sailing close to the wind.
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