Malcolm Roberts (Queensland, Pauline Hanson's One Nation Party) Share this | Hansard source

I want to read a summary of this Work Health and Safety Amendment Bill 2022, because I'm a servant of the people of Queensland and Australia, and I know I'll only get two minutes tonight and will be in continuance in the morning.

This is a sneaky, dangerous bill that, if implemented in full, puts many employers and employees at risk of severe penalties, including up to five years jail and fines of up to $600,000. There is an obligation on employers to enforce safety measures, which could include compulsory vaccinations against COVID or similar diseases for employees. Secondly, if a complaint is made about the employer, even if the complaint is made not involving deliberate actions, the onus of proof is reversed and the employer is considered guilty unless he or she can prove their innocence. That's a complete overturning and reversal of fundamental legal principles.

Any legislation that includes a reversal of the onus of proof is a major event and never should be considered non-controversial. The reversal of the onus of proof flies in the face of the accepted principle that a person should be considered innocent until proven guilty. The onus of proof is on the person asserting guilt. This is known as the presumption of innocence.

I notice that all the lawyers in this place, in the previous bill on the TGA, which is in continuance, and this bill, hang their heads and pretend it goes away. The reversal of the onus of proof is a major issue and should only be imposed in exceptional cases. Labor have, at least, three pieces of legislation proposed in this week's session, and two on the noncontro list include provisions for the reversal of the onus of proof. They include the export control measures bill as well as this work health and safety bill.

We will definitely be opposing this bill in its current form. It is a sneaky, dangerous bill. We will be raising two amendments and, if they pass, then we will be supporting the bill. Before I get shut down for the night, I want to say that in my experience—