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Legislative Assembly for the ACT: 2014 Week 1 Hansard (27 February) . . Page.. 274..


the regulator: the Annual Reports Act, the Auditor-General Act, the Criminal Code, the Financial Management Act 1996, the Freedom of Information Act, the Government Procurement Act, the Public Interest Disclosure Act, the Public Sector Management Act and the Territory Records Act.

The national law does not contain or apply a privacy law regime. South Australia does not have its own privacy legislation. Accordingly, the commonwealth Privacy Act 1988, which currently applies in the ACT, will apply to the regulator when exercising functions under this law in the ACT. The national law provides for the role of a responsible minister for a participating jurisdiction. Collectively, the Standing Committee on Transport and Infrastructure, or SCOTI as it is known, represents the body of responsible ministers who will discharge functions and responsibilities prescribed in the national law for the oversight of the regulator.

The head of power enabling the regulator to test rail safety workers for the presence of a drug or alcohol is set out in part 3 division 9 of the national law while details as to the procedures to be followed for drug and alcohol testing are included in the application provisions of each of the participating jurisdictions so as to allow for local variations.

Such variations include approval of alcohol and drug testing equipment used in the ACT by our police or hospitals; appointment of authorised persons to conduct the tests; local processes relating to breath, blood and oral fluid sampling; evidentiary procedures; and so on. This flexibility enables the existing alcohol and drug testing processes that apply under the Road Transport (Alcohol and Drugs) Act for drivers and driver trainers to be used when rail safety workers are tested. This approach will allow the existing expertise and equipment that is currently available in the road transport context to be used in the rail safety context.

Madam Deputy Speaker, the provisions contained in this bill may be seen to engage various rights under the ACT's Human Rights Act 2004. The national law's engagement of these rights, which is discussed in detail in the explanatory statement, relates to whether any limits or rights which it may create can be considered reasonable, consistent with section 28 of the Human Rights Act.

I am confident that any limitation on these rights is reasonable and proportionate, particularly given the need to protect the community from the dangers that an intoxicated or drug-affected rail safety worker would pose not only to their safety but also the safety of other workers, rail passengers and the general public. I commend the Bill to the Assembly.

Debate (on motion by Mr Coe) adjourned to the next sitting.

Construction and Energy Efficiency Legislation Amendment Bill 2014

Mr Corbell, pursuant to notice, presented the bill, its explanatory statement and a Human Rights Act compatibility statement.

Title read by Clerk.


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