Page 1599 - Week 06 - Tuesday, 7 May 2013
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All other states and territories in Australia, with the exception of Tasmania, have specialist arrangements within their magistrates courts to hear and decide issues related to workplace health and safety, including workplace accidents and deaths, either as part of an industrial court or division or as industrial magistrates.
The safety of all workers, including those working on ACT construction sites, is a priority for this Labor government. As the Assembly is aware, the government has accepted all of the recommendations contained in the Getting home safely report and work has commenced on the implementation of those recommendations.
The government inquiry’s report also recommended the appointment of an industrial magistrate and commented on the need for courts to apply appropriate penalties, particularly as work health and safety laws are harmonised across Australia.
The harmonised laws have introduced significantly higher penalties for work health and safety offences. As the report points out, and as the government has accepted, it is now incumbent upon the courts to adopt a consistent approach in dealing with breaches of work health and safety laws.
It is important that courts consider the likely deterrent effect of the fine or penalty imposed. Because the industrial magistrate will have oversight of the broad industrial, work health and safety jurisdiction, this will ensure that the industrial magistrate will be well placed to understand this important jurisdiction.
The new industrial court will be a great initiative for ACT workers. It will give well-deserved attention to the legitimate issue of worker safety, which is a priority for this government. The disturbing work safety record in the ACT construction industry highlights the need for a collaborative approach by industry, workers and the government if we are to build a healthier and safer work safety culture in the territory.
It is important that I reiterate my call to the construction industry and every building site worker in the ACT to show leadership on these matters. The government will provide its support, and we all need to embrace the call for change to have a greater focus on safety.
The new industrial court will deal with industrial and workplace safety issues, including workers compensation and industrial accidents, and develop a single coherent body of procedures and case law, delivering certainty and fairness for all litigants.
The Magistrates Court Act 1930 will be amended to create the industrial court when the industrial magistrate is sitting, similar to the creation of the Children’s Court, the Family Violence Court and the Galambany Court model. This model has the advantage of requiring a specific appointment as an industrial magistrate, which would lead to specialisation in the area of industrial workplace accident law.
The Magistrates Court will be known as the industrial court when it is constituted by the industrial magistrate, and will have jurisdiction to hear civil claims, including
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