Legislative Council Fifty-Third Parliament, Second Session (53-2) 53 2 Parliament of South Australia Legislative Council published Parliamentary Committees Parliamentary Committees Parliamentary Committee on Occupational Safety, Rehabilitation and Compensation: Annual Report 2016-17 Parliamentary Committee on Occupational Safety, Rehabilitation and Compensation: Annual Report 2016-17 The Hon. J.E. HANSON Legislative Council The Hon. J.E. HANSON (19:47): I move: That the report of the committee, entitled Annual Report 2016-17, be noted. I am pleased to present the 11^th annual report of the Parliamentary Committee on Occupational Safety, Rehabilitation and Compensation. This 2016-17 annual report reflects another busy year because the committee met on 15 occasions for a total of 22 hours and 55 minutes and tabled five reports. As a result, the success the committee has seen over this reporting period is testament to the commitment of its dedicated members, who juggled this workload against their other commitments and responsibilities. This committee's primary function is to keep the administration and operation of legislation affecting occupational health and safety, rehabilitation and compensation under continuous review. This is an important function, and one that this committee takes very seriously. During this reporting period the committee heard from 23 witnesses. Key witnesses from this financial year included ReturnToWorkSA, SafeWork SA, Self Insurers of SA and Business SA, in conjunction with the Law Society of South Australia. Two inquiries were referred to the committee by the Legislative Council. These referred inquiries were: first, the inquiry into the Work Health and Safety (Industrial Manslaughter) Amendment Bill; and, secondly, the inquiry into the Return to Work Act and scheme. Both these inquiries proved to be of significant interest to a variety of stakeholders. In relation to the industrial manslaughter amendment bill inquiry, the committee received submissions from both local and international stakeholders, including the Director of Public Prosecutions, the Flinders University Centre for Crime, Policy and Research, and local and national stakeholders, as well as from the United Kingdom Ministry of Justice. As a result of this inquiry, the committee noted that there has been a national downward trend in the number of work-related fatalities, but one preventable death is still, of course, one too many. The committee also found that there are adequate legal systems in place to address work-related fatalities arising from reckless disregard, particularly since the adoption of the Work Health and Safety Act 2012. Under this legislative instrument, reckless conduct amounts to a category 1 offence, which is satisfied when a person who owes a health and safety duty recklessly exposes a worker to a risk of death, serious injury or illness. Individuals who commit this offence face a maximum penalty of $300,000 and/or five years' imprisonment, whereas a body corporate faces a maximum penalty of $3 million. In relation to the Legislative Council's referral for an inquiry into the Return to Work act and scheme, the committee received many submissions from employer and employee organisations and indeed from injured workers themselves. Following receipt of almost 50 submissions, the committee tabled the interim report into the referral for an inquiry into the Return to Work act and scheme. This report canvassed the scope of the inquiry by addressing the recent changes to the state's workers compensation scheme, summarised the received submissions and incorporated the evidence adduced from two key witnesses. The final report for this inquiry is expected to be finalised by the end of this calendar year. In addition to these referred inquiries, the committee resolved to inquire into two other topics. These inquiries were the inquiry into work-related mental disorders and suicide prevention, and also '67 is the new 40', the inquiry into work health and safety and workers compensation issues associated with people working longer. The World Health Organization warns that depression is one of the most common causes of disability and is tipped to be the number one health concern in developed countries in the near decades. There is therefore growing concern about the interrelationship between work and mental health, which is a relationship affected by many work-related issues, including work pressure, harassment and bullying, and occupational violence. The committee was informed that suicide is a rare event, affecting more men than women, particularly in high-risk work, such as construction and mining. The increasing cost of preventable work-related psychological harm and the severe consequences for workers, their families and workmates is of considerable concern to the committee and is an area the committee recommends worthy of monitoring. The committee's '67 is the new 40' report inquired into work health and safety and workers compensation issues associated with people wanting or needing to work past their retirement age. The committee received seven submissions and heard from the Council of the Ageing in relation to this inquiry. The committee also met with the then commissioner for ageing and disability to hear about the national inquiry into discrimination against older Australians and Australians with a disability. According to the Australian Bureau of Statistics, a mature-aged worker is a person between the ages of 45 and 74. As a result of improved lifestyles, better medical technology and nutrition, the ageing population is a global phenomenon. Economic factors of the 21^st century now result in many people seeking more flexible work arrangements to enable them to remain in the workforce for longer and to provide for their financial future. However, with technological advances racing forward, this is adversely impacting on the traditional male blue-collar jobs, meaning many may need to reskill if they wish to continue to work past their expected retirement age. The committee also found that there is a lot of information available to assist older people who wish to work longer or who wish to return to the workforce after a break. There is also a range of information available for employers, but there fails to be a central point where they can obtain information about issues of direct interest to them. The committee made four recommendations, including that the South Australian Fair Work Act be amended to more closely reflect the commonwealth legislation in relation to flexible work arrangements. The committee also recommended that the Minister for Ageing provide an internet gateway with information, resources and advice to assist older workers and employers I would like to thank everybody who took the time to contribute to the work of the committee. This includes those who gave up their time to make submissions or appear before the committee at hearings. I would also like to thank the members who have worked diligently to ensure a balanced approach to delivering recommendations during the 2016-17 period. I thank the Hon. John Darley, the Hon. John Dawkins, and previous member of this place, Mr Gerry Kandelaars. From the other place, I thank the committee's Presiding Member, the member for Ashford. I also thank the member for Fisher and the member for Schubert for their contributions last year. I welcome the member for Wright, who is a recent addition to the committee. Finally, I would like to express my appreciation to the committee staff. Executive officer Ms Sue Sedivy has been with the committee for a number of years and is taking some well-earned leave. I thank Mr Peter Knapp, the committee's research officer, who is providing additional support in Ms Sedivy's absence. I also thank Ms Peta Spyrou, the committee's current research officer. I commend the report to the council. The Hon. J.S.L. DAWKINS Legislative Council The Hon. J.S.L. DAWKINS (19:55): I rise to very briefly thank the Hon. Mr Hanson for encapsulating the work of the committee in that report. There was a particular emphasis in all those inquiries mentioned by the honourable member in regard to the psychological issues of people affected in all those situations. No-one in this place would be surprised that they are issues of particular interest to me. We are gratified that in many of the agencies and many of the peak bodies there is a greater willingness to promote mental wellness issues and also to deal with the issues of mental illness as a result of some of the facets those inquiries have brought to light. With those words, I commend the report to the council. Motion carried.