Page 2465 - Week 07 - Thursday, 27 August 2020

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Access Canberra online transactions are protected using industry standard encryption, Transport Layer Security (TLS 1.2) protocol, which securely encrypts all data between citizens computing devices and the ACT Government servers. Additionally, all links to these services that are attempted over insecure protocols are automatically redirected to the encrypted secure Access Canberra portal.

Access Canberra also continues to move toward using identity-based services where customers will need to log into a secure account to complete their service or transaction. An example of this is the Infringement notice declaration service which is already within the ACT Digital account.

Trade unions—CFMMEU fines

Ms Orr (in reply to a question by Mr Wall on Thursday, 30 July 2020):

Appointments to ACT Government advisory bodies such as the Work Health and Safety Council and the Secure Local Jobs Code Advisory Council are governed by the legislation that establishes them, the Legislation Act 2001 and the governance adopted by each individual body.

In relation to the Work Health and Safety Council (WHS Council), established under the Work Health and Safety Act 2011 (WHS Act), this is an advisory council with bipartisan representation from employer and employee representatives. Members are appointed by the Minister after consultation with peak employer and employee representative bodies.

The ending of an appointment is also governed by the WHS Act. Members may resign from their positions on the Council. In addition, a number of grounds for termination exist in schedule 2, section 2.9 which clearly contemplate the ending of an appointment for a criminal conviction of offences punishable by imprisonment of 1 year or more and contraventions of territory laws where the contravention or conviction in question affects their suitability as a member, or for misbehaviour.

The Secure Local Jobs Code Advisory Council is established under the Government Procurement Act 2001. Appointments to the Council are made by the Minister after consultation with peak employee representative bodies and other members with the appropriate qualifications or experience to contribute to the Council’s functions. In contrast to the WHS Council, appointments to the SLJC Advisory Council may be ended as set out in the Legislation Act 2001.

The two union officials in question fulfill employee representative positions on the ministerial advisory bodies named above. Their capacity to fulfill their representative functions derives primarily from their official roles within the construction union. Having reviewed the decision in Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (The Constitution Place Case) [2020] FCA 1070, I do not consider the termination of membership from these Ministerial advisory bodies to be warranted in this case.


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