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House of Assembly - Fifty-Third Parliament, Second Session (53-2)
2017-09-26 Daily Xml
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SafeWork SA

The Hon. J.R. RAU (Enfield—Deputy Premier, Attorney-General, Minister for Justice Reform, Minister for Planning, Minister for Industrial Relations, Minister for Child Protection Reform, Minister for the Public Sector, Minister for Consumer and Business Services, Minister for the City of Adelaide) (14:13): I seek leave to make a further ministerial statement.

Leave granted.

The Hon. J.R. RAU: In March 2017, following consideration of the outcome in the prosecution against Hansen Yuncken and Leighton Contractors regarding the death of Mr Jorge Castillo-Riffo, the chief executive of the Attorney-General's Department directed the preparation of a legal advice into the investigation and prosecution arrangements for offences under the Work Health and Safety Act 2012. This review was conducted by a senior prosecutor from the Office of the Director of Public Prosecutions. The Premier announced the review on 11 April this year. The review was finalised and a legal advice provided to the chief executive of the Attorney-General's Department on 16 June 2017. A number of recommendations for reform to the investigation and prosecution arrangements for offences under the Work Health and Safety Act have been made.

The recommendations cover a range of issues. These include the training of SafeWork SA personnel involved in the investigation of incidents; the structure and management of SafeWork SA's investigation team and the work undertaken by that team; the need to clarify expectations and requirements as between SafeWork SA and the Crown Solicitor's Office; and the need to review various existing practices and procedures on topics such as the engagement of experts, the consideration of enforceable undertakings, SafeWork SA's first response protocol, and the way in which victim assistance services are provided.

A steering group has been formed to oversee the implementation of the government's response, chaired by the newly appointed executive director of SafeWork SA. As I have already stated, work has commenced in relation to all recommendations. For example, a training program focused on foundational investigation skills was delivered to SafeWork SA personnel in August 2017 by the Queensland regulator, and an expert in work health and safety law. SafeWork SA is also partnering with the Charles Sturt University Graduate School of Policing to develop an ongoing sustainable training framework.

The government has also taken the extra step of creating a new role in SafeWork SA of Director of Investigations. This role was recently filled by a detective chief inspector of the South Australia Police following a merit-based process. The purpose of the new role is, amongst other things, to develop and implement an ongoing training program about all facets of investigations and prosecutions for SafeWork SA personnel involved in the investigation of incidents.

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