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Legislative Assembly for the ACT: 2008 Week 6 Hansard (27 June) . . Page.. 2389..


Act 1989 (OH&S Act), to complainants/disclosers it received on or about November 2004 from an ACT Health employee in relation to child protection interagency misconduct; if not, why not;

(2) Has the CMD failed to meet obligations under section 26 of the PID Act to respond to each claim of unlawful reprisals resulting from these complaints and disclosures reported to the Government's insurance agent Comcare, and the Minister as employer, through ACT Health;

(3) What investigations have been undertaken by the CMD to address the reports of unlawful reprisals to the employee;

(4) How has the Chief Minister rectified the unique regulatory arrangements of carrying over elements of the Commonwealth's Occupational Health and Safety (Commonwealth Employment) Act 1991, which were not shared by the ACT's OH&S Act, through the Public Sector Management Act following separation from the Commonwealth in relation to occupational health and safety;

(5) In relation to the above matters, has the Chief Minister omitted to ensure that his duties as Chief Minister and that of Health Ministers, Mr Corbell and Ms Gallagher, under the PID Act and the OH&S Act, were and have not been met from 2004 to present.

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

(1) The Chief Minister's Department (CMD) has not received a PID on this matter. CMD manages the ACT Government accident/incident database in accordance with the OH&S Act. A search scanning all incidents for ACT Health revealed two reports relating to work pressure and stress. The specific case of the ACT Health employee referred to in the question was recorded on the ACT OH&S accident/incident database and is being addressed as an OH&S matter and a grievance.

(2) See (1) above.

(3) See (1) above.

(4) Schedule 3 of the Public Sector Management Act 1994 modifies the Occupational Health and Safety Act 1989 in its application to public employees. The modifications carried over elements of the Commonwealth's Occupational Health and Safety (Commonwealth Employment) Act 1991 which were not shared by the ACT's OHS Act. The Government is in the final stages of developing the Work Safety Bill 2008. The Work Safety Bill will not reproduce the modifications. Consistent with all other jurisdictions the Bill will apply equally to public and private sector workers. Any specific OHS arrangements for the ACT Public Sector will be negotiated and included in relevant policies.

(5) No. I am not aware of any instances where any Ministers have not complied with the intentions of the Occupational Health and Safety Act 1989 or the Public Interest Disclosures Act 1994.


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