Page 4099 - Week 12 - Tuesday, 22 October 2019
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The recommendation focused on a key solution to the issues around the existing WorkSafe ACT model, perceived or otherwise, which was to establish WorkSafe as the office of the Work Health and Safety Commissioner, an independent and separate entity under the Work Health and Safety Act.
As we are all aware, the current Work Safety Commissioner is not the regulatory decision-maker when it comes to work health and safety; the director-general with responsibility for Access Canberra is. There has been long-running commentary as well as media coverage of this issue and this problem.
Establishing WorkSafe ACT as an entity under the Work Health and Safety Act using a single accountable governance model whereby a commissioner is appointed as the regulatory authority and is accountable for all regulatory decisions provides the rigour that is required in the work health and safety space. When established, the office will continue to provide the previous functions that were undertaken, which include education, research and awareness raising. The opposition is satisfied that this bill will serve that purpose effectively, as it sets out the mechanism for establishing the new entity.
Foreshadowing some amendments that the opposition will have to this bill, we have sought to bring about very straightforward and simple changes that seek to ensure that the appointments of both the Work Safety Council members and the commissioner are scrutinised by the relevant standing committee and that the tenures of members of the council are consistent with what this bill ultimately seeks to do in the longer term. This is to ensure and protect the same requirements that are in place as for other statutory appointments and positions that exist within ACT government.
The bill re-establishes the Work Safety Council, which will be a 12-member council represented by five employee representatives and five employer representatives, as well as the Work Health and Safety Commissioner and the Public Sector Workers Compensation Commissioner. The bill requires the relevant minister to consult with people or bodies, at the minister’s discretion, regarding appointments as either an employee or employer representative. The opposition will watch very closely how the minister determines who is a relevant person or body to be consulted with, to ensure that, under this power, the broadest possible consultation is carried out. If those actions are not followed then the opposition will not rule out the opportunity to bring an amendment to this bill at a later date.
The appointment of the commissioner requires the minister and the executive to consult with both the chair and the deputy chair of the Work Safety Council after conducting an open selection process. The commissioner must also have the relevant and required experience. The legislation also outlines that, to ensure transparency and that there are no conflicts of interest, the commissioner is required to complete a disclosure that they report to the relevant minister.
The opposition, as I mentioned before, foreshadow some amendments to this bill. We believe there should also be a scrutiny role for the standing committee of the Legislative Assembly in this space, during the appointment of a commissioner, where the relevant standing committee is consulted on the appointment.
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