Page 596 - Week 02 - Thursday, 22 February 2018
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did not perform sufficient sampling and analysis for residues of PCBs following the fire.
It appears that the model law improves on the current ACT regulation around PCBs. It expressly and specifically prohibits the use, handling or storage of PCBs except in very limited circumstances. It increases the regulatory oversight with respect to PCBs, which is a change the Greens support. The changes will also introduce regulations to cover major hazard facilities. These are facilities such as oil refineries and large chemical warehouses. I understand that no facilities in the ACT qualify as major hazard facilities.
We also have no current regulations to govern these facilities, so the model code gives a framework to use if any of these arrive in the ACT in the future, though the Greens would certainly question whether we should be allowing any of these facilities here at all. I am sure the community would ask similar questions. I understand that several facilities in the ACT qualify at a level of 10 per cent threshold of a major hazard facility. The model code provides a tool that can be used in managing these facilities and, in fact, the code requires these businesses to register with the regulator. I believe that is an improvement.
Lastly, I note that the scrutiny committee raised some issues around the impact the bill could have on the right to privacy but it essentially asked that a more complete human rights analysis be completed in the explanatory statement. The minister has done that and I thank her for making those changes. The Greens are satisfied that the provisions in this bill and their impact on privacy are reasonable, and we are pleased to support this bill today.
MS STEPHEN-SMITH (Kurrajong—Minister for Community Services and Social Inclusion, Minister for Disability, Children and Youth, Minister for Aboriginal and Torres Strait Islander Affairs, Minister for Multicultural Affairs and Minister for Workplace Safety and Industrial Relations) (11.36), in reply: As others have said, the bill before us is a precursor step needed to facilitate the adoption of the national model safety regulations for hazardous chemicals and major hazard facilities into the territory’s work, health and safety legislation. The bill clarifies the relationship between the territory’s work, health and safety and dangerous substances legislation to ensure where there may be an overlap in their application the work, health and safety duties take priority. This approach has been preferred so as to minimize the potential duplication of health and safety duties on duty holders who use, store or handle hazardous chemicals.
As a precursor to adopting the national model regulations, the amendments in this bill are largely technical in nature. I thank Mr Wall and Minister Rattenbury for their contributions to the debate, and I also thank the Standing Committee on Justice and Community Safety for its careful consideration of the bill and its comments in the scrutiny report 13 of 6 February 2018.
At this time I table a revised explanatory statement. The explanatory statement has been revised in response to the scrutiny committee's request for further information on
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