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Legislative Assembly for the ACT: 2000 Week 4 Hansard (29 March) . . Page.. 1015 ..


MR BERRY (continuing):

The first thing that concerns me is the level at which the Occupational Health and Safety Commissioner might be employed. I have been told that there may be some changes and the Remuneration Tribunal may consider this position in the course of its deliberations later on, but I see that an indicative salary package of at least $108,000 is anticipated. That is at the lower end of the scale for these sorts of positions, and I think that places this particular officer pretty well down the pecking order. I would recommend that the Remuneration Tribunal take a very close look at this, because this officer has immense responsibilities for tens of thousands of workers in the ACT on a significant issue for the Territory. I believe there needs to be a closer look at that position.

Mr Speaker, a great deal of detail was provided in the papers that were given to me. For anybody reading them, the commissioner would be seen to be a tool of the Minister for Urban Services. We see language like this: "The commissioner will be a statutory position reporting direct to the Minister for Urban Services". That is not the sort of language I would like to see used in relation to independent office-holders. They talk about collaboration and contribution to the role. That is all very fine, but this officer has to be seen to be independent. I do not want to harp on the subject, but I will say it over and over again, until it sinks in, that we need to be convinced.

His key accountability strategic directions are the directions that have been mapped out already before the independent commissioner is appointed. The first is to lead the development of a three-year strategic plan to guide WorkCover's redevelopment and operations. I suppose the Minister is going to issue a direction to the new commissioner in relation to that and we might see it in this Assembly in accordance with the legislation.

When requested to do so by the Minister, the commissioner will examine any proposed law to ascertain whether any aspects would be inconsistent with the OH&S Act. I do not feel very calm about that sort of language. That seems to suggest that if the Minister just requests something it will be done. To comply with the legislation, this statutory officer has to be ordered to do these things.

This is legislation that could be dealt with today. It is straightforward, and it would assist officers who are dealing with this matter. However, I intend to have the Bill dealt with in the next period of sittings. That would clarify the staff situation before the appointment of this officer. It would reinforce the message which came from this Assembly with the adoption of the Bill.

Departmental officers have advised me that they are aiming to have the new commissioner in place before the commencement of the new sections of the Act. That is about late May, I understand. The amending legislation I am introducing today sits pretty well with that timetable and would allow this new commissioner to commence with the freedom to operate independently, as was envisaged when the Assembly passed the legislation last year.


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