Page 658 - Week 02 - Wednesday, 22 February 2012

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This amendment lastly addresses a concern raised by the government that someone may legally challenge what constitutes specialist experience or expertise of a bullying inspector. We have therefore made it clear that the specialist experience or expertise must be to the satisfaction of the regulator. We have left in the term “specialist experience or expertise” as we want to ensure the bill sets a high standard and that the inspectorate employs genuine experts.

DR BOURKE (Ginninderra—Minister for Education and Training, Minister for Aboriginal and Torres Strait Islander Affairs, Minister for Industrial Relations and Minister for Corrections) (4.50): I rise to oppose the amendment. Ms Bresnan’s first amendment clarifies several matters raised since this bill was introduced in this place last year. One concern was that the bill did not provide sufficient flexibility for WorkSafe ACT to deploy inspectors as needed. The second amendment moved is only consequential in nature.

Even with these amendments, the bill would not reflect the best available means of dealing with bullying and would in fact hinder the achievement of best practice laws and procedures in the future. For that reason, in spite of our commitment to address bullying, the government has decided to oppose this amendment.

Ms Bresnan’s amendment would not change the essence of clause 4 of the bill. It inflexibly directs WorkSafe ACT, as regulator, about the training and allocation of its inspectors. It is critical that the regulator can continue to assess the scope and nature of bullying incidents over time and adjust the number of inspectors allocated to deal with these matters. We do not believe that the bill, with or without these amendments, would allow this to occur.

Question put:

That Ms Bresnan’s amendment be agreed to.

The Assembly voted—

Question so resolved in the negative.

Clause 4 negatived.

Clause 5.

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