Eric Abetz (Tasmania, Liberal Party, Shadow Minister for Employment and Workplace Relations) Share this | Hansard source

Yes, we have previously dealt with that legislation and we are now dealing with the harmonised work health and safety bills. I still make the point that it would be nice were the media to give much time to this breakout of peace and unanimity within the parliament on this occasion—but I have a funny suspicion that events in the other place, namely the House of Representatives, with the demise of the Speaker for all sorts of nefarious reasons, will undoubtedly capture the attention of the media. Having said that, it is not so much that we in this chamber feel some satisfaction with good reporting; the important thing is that there are now firefighters and men and women in the fire services who know that their workers compensation claims will be somewhat easier to prosecute, as they should be, and I wish them well.

The bills we are currently considering relate to the harmonisation of workplace health and safety laws in Australia. Most people believe that this is a good reform. It would be of benefit to have harmonised laws so that you do not have the differing standards which cost such a considerable amount to business and, as a result, reduces the productivity within our nation. The idea, of course, is to have a harmonised system—a hope that was commenced by the Howard government. In February 2008 the workplace relations ministers council agreed that the use of model legislation would be the most effective way to achieve harmonisation. The Commonwealth, and each of the states and territories, subsequently agreed and signed the Intergovernmental Agreement for Regulatory and Operational Reform in Occupational Health and Safety, which committed jurisdictions to implement the model laws by 2011.

The model bill was intended to be mirrored in all jurisdictions. Separate bills were to be introduced into each jurisdiction's parliament to give effect to the model bill. What we do know is that that has not occurred. We know that in New South Wales they have—with the support, might I add, of the Australian Labor Party representatives in that parliament—ensured that their legislation would not be as per the agreed harmonised model bill. We also know that, courtesy of changes of government in Western Australia and Victoria, there are now some concerns being expressed in relation to the harmonised legislation. We as a coalition recognise that it is important that these bills be viewed in the context of the harmonisation of occupational health and safety laws being conducted under the auspices of the Council of Australian Governments. The intergovernmental agreement also expresses the commitment of each jurisdiction to enact or otherwise give effect to those laws by the end of this year. It is questionable whether that is going to be achieved in some of the other jurisdictions.

There was a review that commenced in 2008 and was finalised in January 2009. The review conducted extensive consultations with a broad range of stakeholders, including regulators, unions, employer organisations, industry representatives, legal professionals, academics, and health and safety professionals. It received over 200 submissions in response to the issues paper released in May 2008. The review panel completed its work with the submission of its second report to the ministerial council in January 2009. That panel made 232 recommendations. The ministerial council responded to that in May 2009. From those responses to recommendations the panel formed the basis for the model act. The model act itself was the subject of extensive consultation. The model act was developed by Safe Work Australia, with the involvement of all Safe Work Australia members. In September 2009, Safe Work Australia released an exposure draft of the model act for public comment—480 submissions were received. In December 2009, after incorporating a number of amendments proposed as a result of consideration by Safe Work Australia, input from the Parliamentary Counsel's Committee and the public consultation process, the ministerial council endorsed the amended model act, which became the agreed model act.

I do confess to being somewhat confused today, because if one believes what the Prime Minister says, this piece of legislation somehow has already been introduced and passed. In the leader's debate during the last election, when asked what her biggest achievement was, she said:

Perhaps less transparent to the Australian people: getting new occupational health and safety laws. Laws around the country. Businesses have been complaining for 30 years that they have different obligations in different states and at the same time not every individual worker had the same safety standards. Now, I have delivered that.

Well, she hadn't, she hasn't and she won't. Just like her 'no carbon tax' promise and assertion, this is a Prime Minister that seems to be addicted to the misleading of the Australian people, to exaggerate that which she may have achieved or obtained. To get all the state Labor governments to agree to her proposal was, I suppose, something to be welcomed but of course was not as she portrayed, which was that she had achieved these laws. We now know for a fact that the states are asking for the implementation to be deferred. Some states still have to pass this legislation. We know that in New South Wales they have deliberately passed legislation which is inconsistent with the harmonised laws.