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Legislative Council - Fifty-Third Parliament, First Session (53-1)
2014-10-29 Daily Xml
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Parliamentary Committee on Occupational Safety, Rehabilitation and Compensation: Annual Report 2013-14

The Hon. G.A. KANDELAARS (19:46): I move:

That the 2013-14 annual report of the committee be noted.

The committee's role in keeping the health and safety and workers compensation legislation under constant review is an important one. The committee differs substantially in operation to other standing committees because members are not remunerated, but they are no less dedicated to the work of the committee, and both past and present members have applied themselves diligently. Following the March election, a number of new committee members were appointed, and they have been familiarising themselves with the functions of the committee and deciding priorities.

The Occupational Safety, Rehabilitation and Compensation Committee met on eight occasions in the last financial year and six witnesses appeared before the committee, but these statistics do not accurately reflect the activities of the committee. The last 12 months have been characterised by regular meetings which witnesses have attended to assist the committee to finalise in-depth inquiries into the effectiveness and efficiency of SafeWork SA and an inquiry into occupational violence in the health, hospitality and retail sectors.

The inquiry into the efficiency and effectiveness of SafeWork SA began in mid-2012 but was not completed until the end of 2013, during which time the committee received a total of 35 submissions, heard from 20 witnesses and produced a report with 26 recommendations. The committee found that SafeWork was performing well against national comparative data, but the implementation of the Work Health and Safety Act brought with it some challenges, particularly in how the changes were communicated to business, industry and individuals.

Some of the witnesses raised concerns that SafeWork had not been appropriately resourced to adequately implement the significant changes across South Australia, particularly in relation to small and medium businesses and industry groups.

The committee also inquired into occupational violence in health care, hospitality and the retail sector. If we were ones to believe media reports, the level of violence in the community has increased significantly, but the committee found that a lot of work-related violence goes unreported and is often tolerated because it is seen as just part of the job. Young casual employees, in particular, are often reluctant to make workers compensation claims because they are concerned for their future employment opportunities.

To better understand the frequency and severity of work-related violence, the committee relied on data from a number of sources, including workers compensation statistics, police reports, armed robbery reports and code black incidents in the health industry. A code black incident occurs in a hospital when a health professional fears for their safety and makes a call for security assistance. Between 2011 and 2012, more than 4,000 code black incidents were reported in metropolitan hospitals, 36 per cent of which were considered high-risk incidents. Annually, there are over 400 workers compensation claims arising out of occupational violence, costing $6 million. Over an eight-year period, claims arising from occupational violence have cost in excess of $68 million in the public health system alone.

Whilst SA Health is implementing a strategy to reduce the level of violence in hospitals, the committee found a lack of information relating to aged-care and community-care facilities, which is disturbing because the highest average cost of claims occurs in the community, particularly in the paramedical services. There is also a lack of comprehensive data on code black incidents. The committee received few submissions from the retail and hospital sectors but did hear from a few witnesses who expressed concern about the increased level of violence and aggression towards employees who work in those sectors.

The retail and hospitality sectors are the largest employers of young casual workers, many of whom are females between the ages of 15 and 24. Employees working in these sectors are at risk of exposure to abusive customers, who may be affected by drugs or alcohol or both. As security increases in large retail stores and in the financial sector, criminals are drawn to the softer targets, leaving young employees who work alone, especially at night, at risk of violence. Young men are at risk of serious assaults, whilst young women are at risk of sexual violence. The largest number of assaults is experienced in the hospitality sector, while the retail sector experiences the highest number of robbery incidents.

During the 2011-12 financial year, more than 650 South Australian workers made a claim for workers compensation as a result of being exposed to occupational violence at work. The direct cost was over $9 million, but the indirect cost—the impact on family members of the injured worker and the cost to the community caused by these types of injuries—is not easily quantified.

The committee also considered the implications arising from new terminology in the Work Health and Safety Act by some contractors and consultants. The seemingly excessive use of SafeWork method statements required by principal contractors reveals that there is a level of confusion about legal responsibilities.

The committee also noted that, in a judgement by the Industrial Court, concern was raised over the ability of employers to obtain indemnity insurance for criminal negligence in relation to breaches of health and safety law. The practice is a disincentive for business to invest in harm prevention strategies and has the potential to expose employees to significant risks. It is hoped that steps can be taken to discourage this illegal practice.

The 18th report of the Occupational Safety, Rehabilitation and Compensation Committee summarises the committee's work for the financial year 2013-14 and the cost of that to the taxpayer has been minimal. The total expenditure of the committee for the financial year was $3,389.13.

I would like to take the opportunity to thank all those who have contributed to the inquiries undertaken by the committee. I thank all those people who took the time and made the effort to prepare submissions for the committee and to speak to the committee. I extend my sincere thanks to the members of the committee: the presiding member, Hon. Steph Key; the newly elected member for Schubert, Mr Stephan Knoll; the newly elected member for Reynell, Ms Katrine Hildyard; as well as the Hons John Darley and John Dawkins.

I would also like to thank Mr Ivan Venning who served in the other house for 24 years as the member for Schubert and who has since retired but who was a member of the committee for four years and made a valuable contribution. I would also like to recognise the contribution of the Hon. Rob Lucas as well as Mr Alan Sibbons, former member for Mitchell, for their contributions to the committee over the same period of time. My thanks also go to the committee's executive officer, Ms Sue Sedivy, for her diligence and hard work. I commend the motion to the house.

The Hon. J.S.L. DAWKINS (19:56): I rise briefly to support this motion and thank the Hon. Mr Kandelaars for the manner in which he has summarised the work of the committee. I have only just come onto the committee since the election and I must say I am enjoying it very much. They are big shoes to fill, trying to take over from the Hon. Rob Lucas, but I am doing my best. Certainly, I have enjoyed the committee so far. I am not across a lot of the issues that were referred to in that report but I am pleased to say that the committee is getting into some serious issues to follow on from those matters.

Members will not be surprised to know that I was delighted that the committee decided to take on the Inquiry into Mental Health in the Workplace: Preventing Suicide. Obviously that is a passion of mine, and I was very pleased that the committee took that on. In closing, once again I thank the Hon. Steph Key, particularly for her chairmanship and the other members of the committee. I am also enjoying working with Ms Sue Sedivy, the executive officer of the committee. I support the motion.

Motion carried.

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