Legislative Council: Thursday, November 08, 2018

Contents

SafeWork SA

The Hon. T.A. FRANKS (14:59): I seek leave to make a brief explanation before addressing a question to the Treasurer on the priorities and operations of SafeWork SA.

Leave granted.

The Hon. T.A. FRANKS: One week ago, the Coroner's inquest brought down its findings on the death of Jorge Castillo-Riffo. In that, the Coroner was scathing of SafeWork SA. He noted that:

SafeWork SA effectively abandoned the field for SAPOL to pursue the investigation for…six weeks within a week of the incident occurring. That is unsatisfactory.

He stated, 'I was not impressed by the SafeWork SA investigation as a whole.' The Coroner further stated in his findings:

I am dismayed that SafeWork SA would effectively wipe its hands of any responsibility to assist in…establishing the cause and circumstances of the death of a worker at a fatal industrial accident.

On a more positive note, the Coroner called for the immediate implementation of spotters for scissor lifts. He also noted that the senior health and safety officer on the site of the builder of the new RAH site, Hansen Yuncken Leighton Contractors, gave evidence that the work that Jorge Castillo-Riffo was doing when he was crushed, quote, 'wasn't on our radar' underscoring the need for a second spotter to ensure the safety of all workers. My questions to the minister are:

1. Has he read this report and its recommendations?

2. When will the government make a response to this report and its recommendations?

3. Will he guarantee that, as a result of his obsession with SafeWork measuring shop trading stores for commercial space and hours of operation, no resources will be directed away from the proper work of SafeWork SA in investigating industrial deaths in the future?

The Hon. R.I. LUCAS (Treasurer) (15:01): I thank the member for her question. I have to say that I share some of the concerns of the Coroner about the way SafeWork SA operated under the administration of the former Labor government. As the honourable member has referred to that particular decision, sadly, this was the way SafeWork SA operated under the administration of the former Labor government. It is unacceptable.

Certainly, to the new government and me as a new minister, that is not the sort of regime I would hope our newly elected government and I as minister would accept as a proper course of action for a regulatory and executive body, because it has two roles, such as SafeWork SA. There is a new manager of SafeWork SA. He has my support in terms of some of the changes that he is seeking to implement in relation to the new operations of SafeWork SA.

To answer some of the honourable member's questions, yes, I have read the report. I do share some of the concerns the Coroner has expressed. In relation to the last question, the honourable member has my assurance. Of the important roles that SafeWork SA conducts, in particular, she refers to just one of the additional roles, and that is in relation to shop trading legislation but I think, as I have highlighted before, SafeWork SA is an unusual organisation in that it has a range of miscellaneous functions, including public holidays, shop trading and also clearly the important work of work health safety legislation. But things like daylight saving and a range of other functions rest with SafeWork SA as well. Certainly, we won't be diverting resources from the important investigative work and regulatory work of SafeWork SA towards any of these other functions, including shop trading hours regulation.

In relation to the government's policy response to the recommendations of the Coroner, we will consider those recommendations. Clearly, some of those recommendations have implications for a range of stakeholders, all of whom should be consulted. We are also mindful that the ICAC commissioner is very close to concluding his comprehensive evaluation of all of the work of SafeWork SA, not just in relation to this particular case but including this particular case, obviously, and a range of other cases of which he has expressed concern through those evaluation processes.

From my viewpoint as the responsible minister, it would seem appropriate to consider what we would imagine might be comprehensive recommendations of the ICAC commissioner together with these specific recommendations that the Coroner has made in relation to this case. The honourable member in this chamber has my assurance that I view, with deep concern, the issues raised by the Coroner, but also the issues raised by the ICAC commissioner, both publicly and privately, in relation to the operations of SafeWork SA under the former Labor government. In my view it is unacceptable, and I would hope for a much improved practice under the new government.