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Legislative Assembly for the ACT: 2008 Week 6 Hansard (27 June) . . Page.. 2387..


(1) Can the Minister provide details of the number of workplace inspections within ACT Health that have been conducted by either WorkCover or Comcare inspectors, in response to unsafe work practices, since 1994 under the Occupational Health and Safety Act 1989 regulatory arrangements and governance; if not, why not;

(2) Has the Minister failed to ensure that all statutorily protected employees with ACT Health receive feedback about any or all investigations of their Public Interest Disclosures (PID), including complaints of occupational health and safety (OHS) breaches; if so, why;

(3) Has the Minister failed to meet PID and OHS obligations to ensure that all ACT Health employees were protected and received feedback about the investigations of all their PID and OHS complaints and disclosures; if so, why;

(4) Is it common practice for ACT Health and its chosen insurer, Comcare, to (a) ignore or fail to act on medical advice including its own expert medical advice and (b) target individual employees to cause detriment and discrimination to them and their families for performing in accord with section 9 of the Public Sector Management 1994, the Occupational Health and Safety Act 1989 and the Public Interest Disclosure Act 1994;

(5) How have Health Ministers, past and present, ensured that ACT Health employees including its Chief Executive Officers (CEOs) are ensuring complaints of workplace OHS breaches of safety duties are dealt with within the framework of the Public Interest Disclosure Act 1994 even when they may not have been declared to be a PID disclosure;

(6) What action has or will be taken against ACT Health employees who have failed to act in accordance with the Public Interest Disclosure Act 1994 when notified of their conduct constituting unlawful reprisals;

(7) Has the Minister, as Minister for ACT Health, complied with the Public Interest Disclosures Act 1994 and the Occupational Health and Safety Act 1989 to ensure notification obligations to report injuries resulting in seven days incapacity are met to ensure that the incident is investigated in a timely and effective manner and the course of justice is not perverted; if so, can the Minister provide evidence of such actions;

(8) Has ACT Health and insurance agency Comcare ignored and/or failed to heed expert medical advice, including from its own approved medical experts to the detriment of ACT Health public sector employees and their families; if so, why;

(9) Can the Minister provide the number of inspections that have been conducted in ACT Health under the Public Interest Disclosure Act 1994; if not, why not;

(10) Has ACT Health failed to ensure Accident and Incident reports of leave for more than seven days are dealt with according to regulatory/statutory requirements; if so, why;

(11) Can the Minister confirm that the CEO of Act Health and the Injury Prevention and Management Unit have complied with the Occupational Health and Safety Act 1989 including section 210 and the Public Interest Disclosure Act 1994; if not, why not.

Ms Gallagher: The answer to the member's question is as follows:


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