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Legislative Council - Fifty-Third Parliament, Second Session (53-2)
2015-05-14 Daily Xml
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Bills

Work Health and Safety (Prosecutions Under Repealed Act) Amendment Bill

Committee Stage

In committee.

(Continued from 13 May 2015.)

Clause 2.

The Hon. R.I. LUCAS: With the good graces of the acting chairman and the minister I want to briefly raise one issue in response to the minister's statements at clause 1. That was in response to answers that she had provided to questions that had been raised during the second reading debate. Can I just indicate that certainly the Liberal Party supports what appears to have been some of the changes the minister has outlined that have been instituted in SafeWork SA in terms of its processes and procedures. Our criticism remains that these things should have been part of any effective compliance regime over a long period of time and not necessitated by events of recent times, but I will put that to the side for the moment.

The only other comment I would make—and I do not seek a response from the government; ultimately, it is an issue for the minister, himself or herself—is that, as I indicated in the second reading, in addition to this much more rigorous process in terms of managing compliance of prosecutions or possible prosecutions, which has been outlined, my view is that the minister responsible has a responsibility as well and that the minister, if not this one some future minister, I hope would indicate in terms of the oversight of his or her office over the work of SafeWork SA. What has been outlined has been at officer level within SafeWork SA; there is going to be monitoring of progress towards prosecutions.

With the greatest respect to SafeWork SA, my view is that the minister ultimately has to accept responsibility and his designated ministerial liaison officer or ministerial adviser, through that officer and he as the minister, should be keeping a weather eye on progress towards prosecutions to see that there is compliance. That is not actually mentioned. It may or may not be the intention of the minister to be so advised. I am sure that there are processes available, if he so chose, that he could be, on a regular basis, updated with progress on these particular issues.

As I said, I do not seek a response from the minister. Ultimately, that is a decision for minister Rau and his office at this stage, but I would have thought that sensible governance, given the history of this agency in this particular area, would mean that there should be tight monitoring and oversight of progress by the minister's office. Ultimately, these decisions are decisions made by the agency—I accept that—but, ultimately, the buck stops with the minister should something lapse as a result of an expiration of the time period.

My question to the minister is: is she in a position to indicate whether in the past there have been any prosecution which have lapsed as a result of the two-year period? The minister has outlined that in the recent transition period there were four cases and two were managed to be handled, and these two are now being handled by this legislation, but what I am wanting to clarify is: is the minister able to answer today and if not take on notice: have there been other examples in the past where prosecutions have lapsed as a result of an expiration of time?

The Hon. G.E. GAGO: The advice I have received is no, but we will check to make sure.

The Hon. R.I. LUCAS: I am happy with that and, if the advice is ultimately different, I will be happy to receive a letter from the minister indicating the nature of that new advice. With that, I indicate that is the only issue I did want to respond to in terms of the answers to questions at clause 1.

Clause passed.

Clause 3.

The CHAIR: There is an amendment to clause 3: Amendment No. 1 [Darley—1)—Page 3, after line 13. The Hon. Mr Darley.

The Hon. J.A. DARLEY: Mr Chairman, I will not be moving that amendment.

Clause passed.

Title passed.

Bill reported without amendment.

Third Reading

The Hon. G.E. GAGO (Minister for Employment, Higher Education and Skills, Minister for Science and Information Economy, Minister for the Status of Women, Minister for Business Services and Consumers) (15:34): I move:

That this bill be now read a third time.

Bill read a third time and passed.

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