NEWSPAPER DELIVERY

In reply to the Hon. I.F. EVANS (Davenport) (27 June 2013).

The Hon. J.R. RAU (Enfield—Deputy Premier, Attorney-General, Minister for Planning, Minister for Industrial Relations, Minister for Business Services and Consumers): I have received this advice:

I am aware of News Limited South Australia's (News Limited) letter advising of its decision to cease delivering newspapers to customers who live on, or close to, a delivery route travelled by its contractors while distributing newspapers to newsagents.

I note that News Limited offered the introduction of the new work health and safety (WHS) laws as the reason for its decision and, specifically, new requirements on contractors and responsible officers.

The WHS legislation, consisting of the Work Health and Safety Act 2012 (SA) (the WHS Act) and the Work Health and Safety Regulations 2012 (SA) (the WHS Regulations) came into operation in South Australia on 1 January 2013. The WHS Act and WHS Regulations are supported by WHS codes of practice.

The obligations on News Limited's contractors under the WHS legislation are essentially the same as under the previous occupational health, safety and welfare legislation. Importantly, the previous Occupational Health, Safety and Welfare Act 1986 (SA) required that contractors took appropriate steps to ensure the safety of their employees, including drivers. The WHS Act does not place any new obligations on contractors regarding the safety of their employees and drivers.

News Limited advised that the new legislation has required delivery contractors to consider quite specific codes of practice and known risks in the workplace, such as unsafe delivery points and activities. However, duty holders were already required to consider codes of practice and undertake risk assessments under the previous legislation.

News Limited and its contractors have always had an obligation to eliminate or minimise risks to the safety of its contractors and employees. This obligation has not changed as a result of the introduction of the WHS Act.