Legislative Assembly for the ACT: 2007 Week 8 Hansard (30 August) . . Page.. 2392..
MR BARR (continuing):
enforcement as the prosecution would need to prove that the person was aware of the safety duty and intentionally or recklessly failed to comply with the safety duty.
This is inconsistent within a work safety regulatory context where, for reasons of public safety, duty holders are expected to be aware of their duties and obligations. The bill changes this element of the offence to strict liability.
The third element of offences provides that a person would only commit an offence if the failure to comply with the safety duty exposes another person to substantial risk or causes serious harm. It is important to note that fault applies to this element in that the prosecution must prove that the person was either reckless or negligent as to whether the failure would expose another to substantial risk of harm or cause serious harm.
Under the bill the offences remain fault element offences. The prosecution would be required to prove, first, that there was a safety duty and the defendant failed to comply and, second, that the failure exposed a person to, or caused a person, serious harm, and the defendant was either reckless or negligent in relation to the harm. As such the offences remain fault element offences. This bill is not creating new strict liability offences.
The provisions in this bill are further testament to this government's commitment to build a robust and modern body of work and safety legislation. It is the first stage of a comprehensive review which will see the repeal and replacement of the current OHS Act with new, modern legislation for work safety in the territory. I commend the bill to the Assembly.
Debate (on motion by Mr Mulcahy ) adjourned to the next sitting.
Administration and Procedure—Standing Committee
MR SPEAKER: I present the following report:
Administration and Procedure—Standing Committee—Report 1—Application for Citizen's Right of Reply—President of the ACT Volunteer Brigades Association, dated 29 August 2007, together with a copy of the extracts of the relevant minutes of proceedings.
DR FOSKEY (Molonglo) (11.01): I seek leave to move a motion authorising the report for publication.
DR FOSKEY: I move:
That the report be authorised for publication.
Question resolved in the affirmative.