Adam Bandt (Melbourne, Australian Greens) Share this | Link to this | Hansard source

I move amendment (1) circulated in my name:

(1) Clause 230, page 158 (line 8), at the end of subclause (1), add:

; or (c)   if the offence concerned is a Category 3 offence—the secretary of a union any member or members of which are concerned in the matter to which the proceedings relate.

I note with interest the opposition's new-found commitment to the sanctity of the principle against self-incrimination and the right to silence. I hope, then, that when we are dealing with the bill to deal with the abolition of the Australian Building and Construction Commission and when I move in this place for the abolition of those coercive powers that deny ordinary workers, and other participants, in that industry the privilege against self-incrimination and the right to silence that the opposition will vote with me on that amendment.

Amendment (1) is similar to what was adopted in New South Wales when they entered the scheme, and it was adopted in that large jurisdiction for a very sensible reason: history has shown that with regard to the lesser category of offences under OH&S legislation—not the more primary and more serious ones that should, of course, remain prosecutable by the state—there is a distinct advantage in improving health and safety in a workplace by allowing a union who represents members in that workplace to bring prosecutions. Indeed, the Finance Sector Union has used a provision similar to this to great advantage to improve the health and safety of bank employees who, for example, were often facing robberies and the like. This was the kind of provision that allowed perhaps something that might not be at the top of the agenda of a perhaps under-resourced state prosecutor or regulator to be brought before the appropriate tribunal and then proper changes to be made to work practices. It is a very useful amendment. It was one, as I say, that was adopted in New South Wales when they entered the scheme. I commend the amendment to the House.