Page 443 - Week 01 - Thursday, 16 February 2012
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5. The need for shelters is based on established justification criteria, such as minimum patronage levels at the relevant bus stop and its proximity to community facilities such as local centres, aged care accommodation and significant nodes of employment. To date this policy has ensured there are more shelters at stops in the vicinity of aged persons facilities.
Industrial relations—workplace bullying
(Question No 1968)
Ms Bresnan asked the Attorney-General, upon notice, on 8 December 2011:
(1) What is the role played by private consultants and investigators in the resolution of workplace bullying complaints in which WorkSafe is also involved.
(2) Does WorkSafe use evidence collected by private consultants and investigators in the resolution of workplace bullying complaints and (a) how does it use this evidence and (b) does WorkSafe have protocols in place regarding the way it utilises evidence from private consultants/investigators in workplace bullying investigations.
(3) What government regulation, licensing, accreditation or guidelines exist in relation to private consultants/investigators who investigate workplace bullying matters.
Mr Corbell: The answer to the member’s question is as follows:
(1) In meeting its duty of care, an employer (duty holder) has a duty under the Work Safety Act 2008 to take all reasonably practicable steps to identify and control risks to health and safety at work. In relation to the risk of bullying at work, the duty holder must demonstrate that it has developed and implemented systems and processes to prevent bullying at work and to manage any complaints of bullying that might arise.
A reasonably practicable step a duty holder can take in managing allegations of bullying at work would be for the duty holder to develop and implement procedures that include investigation of any such complaint. To avoid conflicts of interest and to ensure transparent and objective investigation of any allegation it may be appropriate that such an investigation should be conducted by a competent and suitably qualified independent person. The choice of competent and suitably qualified independent person to do this is a matter for the duty holder to make. WorkSafe ACT has no role in licensing or accrediting private consultants and investigators who might be used by employers to assist them in investigating allegations of bullying.
(2) WorkSafe ACT would consider any findings of fact from an independent investigator and whether the duty holder had appropriately responded to those findings as part of their investigation. In investigating complaints of bullying at work, WorkSafe ACT reviews the systems and processes that a duty holder has implemented in relation to bullying, including procedures for prevention and management of bullying at work, training of staff and managers, investigation of allegations and the actions taken by the duty holder to address the findings of any investigation undertaken. WorkSafe ACT Inspectors are trained generally in how to utilise expert reports obtained by duty holders in responding to risks or incidents at work.
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