Legislative Council: Thursday, December 06, 2018

Contents

Shop Trading Hours

The Hon. E.S. BOURKE (15:05): Thank you, Treasurer. I think you are correct, but have you advised—

The Hon. R.I. Lucas: What did you say? You thought I was correct?

The Hon. E.S. BOURKE: I think you are correct that it is $100,000 under subsection (13). We agree on something. It's amazing. This is a rare moment. I am glad it is on the record.

The Hon. K.J. MAHER: Point of order, Mr President: the honourable member is passing commentary and not asking her question.

The PRESIDENT: Yes. The member has not had as long a time in the chamber as you, Leader of the Opposition. Allow some latitude for the newer members. The Hon. Ms Bourke, your leader wants you to get on with the question.

The Hon. E.S. BOURKE: Can you please advise if you have given this advice to employers that there is a penalty of $100,000 if they do force a worker to work on Boxing Day?

The Hon. R.I. LUCAS (Treasurer) (15:06): Look, the law is the law, but my understanding is, again, as I have said, SafeWork SA have advised through their website and through whatever other communication channels they have available to them the existing provisions of the law, and the existing provisions of the law make it clear what the maximum penalty is. I am delighted to hear the honourable member has agreed with my recollection of what the penalty was. If that is the case, we are both in furious agreement.

So the law is the law. It is been highlighted in terms of the website, 'Here is the provision of the act where it will be clear what the penalty might be.' In relation to whether I have personally gone out and spoken to employers about $100,000, I think I have had a discussion with one particular employer when we raised the issue of what the penalties were, but I have not gone out and spoken to all employers in relation to what the penalty is. Given the recent public discussion and debate about this, I suspect there are many employers who have had a look at the legislation to see what their responsibilities are under the legislation.

The PRESIDENT: The Hon. Ms Bourke, a further supplementary.