Michaelia Cash (WA, Liberal Party, Minister for Women) Share this | Hansard source

As an additional safeguard, the witness has a right to legal representation and reimbursement for a wide range of expenses, including legal expenses.

In terms of the amendments proposed by Labor, why does Labor want to limit the powers of the ombudsman that it established to enforce the act that it created? Imagine, for example, in relation to other corporate regulators like ASIC or the ACCC, saying to them, 'You only have the ability to enforce certain parts of your act.' As I have already stated, this would mean quite literally that employers who want to ensure that employees are wrapped up in a litigious process over whether a power was or was not be able to be exercised could do that—especially well-resourced employers. It could lead to the employee quite literally being dragged through a legal process through no fault of their own. The Fair Work Ombudsman is the regulator responsible for regulating or enforcing the Fair Work Act. Quite literally, if Labor's amendments are supported the Fair Work Ombudsman will have her hands or its hands tied when investigating, for example, an unfair dismissal claim or a bullying claim against an employer. As I said, any hostile employer, anyone, will be able to argue that the powers do not apply to them and use litigation to avoid the ombudsman properly investigating the case against the employer.