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Legislative Council - Fifty-Second Parliament, Second Session (52-2)
2012-09-19 Daily Xml
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Question Time

SAFE WORK WEEK

The Hon. R.P. WORTLEY (Minister for Industrial Relations, Minister for State/Local Government Relations) (15:16): I seek leave to make a personal explanation.

Leave granted.

The Hon. R.P. WORTLEY: In answer to the Hon. Tammy Franks' question, for the period from 1 July 2012 to 14 September 2012 there were five convictions recorded on the Occupational Health, Safety and Welfare Act, totalling $281,750 in fines. There are 17 defendants currently before the Industrial Relations Court of South Australia facing prosecution for putting the safety of workers at risk. Tragically, some these cases are the result of instances where a worker died or was seriously injured.

These matters allege serious regulatory offences involving alleged breaches of employers' duty of care; serious incidents involving unsafe systems of work; plant operated in an unsafe condition; and failure to provide necessary information and instruction, training and supervision to employees. The purpose of prosecuting these offences is to deter the defendants in question and employers and employees generally from risking safety at work.

For the period from 1 July 2012 to 14 September 2012, 14 files were referred to the Crown Solicitor's Office. One file was briefed to private counsel in a case where a potential defendant is a public sector agency to avoid the perceived conflict of interest that would arise if the Crown Solicitor were involved.

A total of 43 fines were referred to the Crown Solicitor's Office for the previous year. Three further files were briefed to private counsel in cases where the potential defendants are two public sector agencies and a public sector employee. For 2011-12 there were 38 convictions, with total fines of $2,061,800.

The PRESIDENT: That was not a personal explanation: it was something you were answering after you took a question on notice to get back to the member.

Members interjecting:

The PRESIDENT: Order!

The Hon. G.E. Gago interjecting:

The PRESIDENT: Order! The Leader of the Government should come to order, especially when I am speaking.

An honourable member: Throw her out!

The PRESIDENT: I might, about 4 o'clock. The Hon. Mr Ridgway, I just explain that you could ask a question if you have a question; the same member of the opposition can ask a question if you want to pursue something.

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