Andrew Murray (WA, Australian Democrats) Share this | Hansard source

I move amendment (4) on sheet 4847:

(4)    Schedule 1, item 12, page 7 (after line 22), at the end of section 16B, add:

Note:      A person who breaches this section may be subject to civil action (see Schedule 2).

I have always rather liked the idea of notes in legislation. I think it was former minister Peter Reith who introduced me to them, and I have a legislative soft spot for them. Can you have a legislative soft spot? Who knows? It is a weakness of mine, so indulge me for a moment.

Section 16 requires that the employer consult with the certified employee representative. However, there is no consequence if the employer refuses to consult and, by doing so, potentially undermines the safety process. The amendment at item (4) notes that a person who breaches section 16 may be subject to civil action as outlined in schedule 2 of the Occupational Health and Safety (Commonwealth Employment) Act 1991. Without this amendment, we think employers and employees would not be alert to the potential consequences leading to poor OH&S outcomes. It is designed as a signpost or a flag as to that matter.