Page 876 - Week 03 - Tuesday, 20 March 2012
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The amendments relocate some of the powers given under the act from the director-general of the Chief Minister and Cabinet Directorate to the registrar of the authority. The powers include the ability to appoint inspectors and to issue identity cards. I do assume that the power was originally with the directorate so that it maintained certain control and oversight over these operations. I am satisfied that it is appropriate for the registrar to manage these appointment powers.
I note that the registrar already has considerable powers under the act, such as the ability to apply to ACAT for orders to enforce any obligation imposed under the act. I note also that this would parallel, for example, the powers of the regulator in work health and safety legislation. The amendments shift the powers to review various decisions under the act from the governing board to the registrar, which is a shift that should streamline decision making.
The Greens are always concerned to ensure people retain adequate opportunities for administrative review of decisions. I note that a person affected by the decision of the registrar may still apply to the board for internal review and ultimately to ACAT.
Under the additional amendments to the bill that the government has tabled, there is now appropriate time for this internal review. In the original bill, there was only five days, which would not have been practical, and I believe this was something which Mrs Dunne and her office identified.
Another change made by the bill is the removal of the right of a worker in the building and construction industry to be paid a long service leave entitlement benefit payment while continuing to work instead of actually taking the leave. The Greens agree with the rationale that leave should be taken for the time the benefit is paid and that particularly in the building and construction industry, workers should use their long service leave to take a break in the interests of work health and safety.
The amendments also change the period a person must have served in the cleaning industry or community sector in order to receive the benefit when leaving because of total incapacity. The period is changed from 55 days to five years. While this diminishes the benefits available to workers, I do note that union stakeholders accept these changes and that 55 days is a short time to have been employed in the sector.
Lastly, I briefly mention the comments of the scrutiny of bills committee and the government’s response. The government has responded to the concerns related to section 69(4), which ensures this decision-making power is subject to review by ACAT. It has an amendment to make sure this occurs, and the Greens support this amendment.
The committee also raised an issue about the minister’s ability under the bill to declare by disallowable instrument certain persons or entities as being included in a covered industry. I am pleased that the Chief Minister and Cabinet Directorate will develop a policy dealing with circumstances where the provisions would be employed, to ensure fairness and consistency. I see that government will consider amending the act in the future to incorporate content and operation of this policy and I would request that this policy is developed with priority and incorporated into the act.
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