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2022
THE LEGISLATIVE
ASSEMBLY FOR THE
AUSTRALIAN CAPITAL
TERRITORY
WORK HEALTH AND
SAFETY AMENDMENT BILL 2022
EXPLANATORY STATEMENT
and
HUMAN RIGHTS COMPATIBILITY
STATEMENT
(Human Rights Act 2004, s
37)
Presented by
Andrew Barr MLA
Chief
Minister
The Bill is not a Significant Bill. Significant Bills are
bills that have been assessed as likely to have significant engagement of human
rights and require more detailed reasoning in relation to compatibility with the
Human Rights Act 2004.
The purpose of this Bill is to amend the Work Health and Safety Act
2011 (WHS Act) to confirm the longstanding policy view about the application
of the WHS Act to the Legislative Assembly as a workplace where work is carried
out as an undertaking of the Territory.
This Bill remedies any doubt
that may exist about the intent of the WHS Act to secure the health and safety
of all workers and workplaces in the ACT, including the ACT Legislative
Assembly.
CONSULTATION ON THE PROPOSED APPROACH
Noting this is a narrow
clarifying amendment there has been no external stakeholder consultation on the
proposed approach in the Bill.
The protection against retrospective criminal laws in s 25 of the Human
Rights Act 2004 is not limited by the Bill as the amendment is only
clarifying in nature.
The common law has a general protection against the
retrospective application of law. The purpose of this protection includes
fairness as it seeks to protect the expectations of those who assume that the
quality of their past acts would be assessed on the basis of the law as it then
stood. The amendment in the Bill is clarifying in nature, consistent with the
longstanding policy view that the intention of the WHS Act to secure the health
and safety of all workers and workplaces in the ACT, including the ACT
Legislative Assembly. It is therefore not considered to alter the expectations,
rights and liabilities of those to whom the WHS Act applies.
In accordance with section 37 of the Human Rights Act 2004 I have examined the Work Health and Safety Amendment Bill 2022. In my opinion, having regard to the Bill and the outline of the policy considerations and justification of any limitations on rights outlined in this explanatory statement, the Bill as presented to the Legislative Assembly is consistent with the Human Rights Act 2004.
..........................................................
Shane Rattenbury MLA
Attorney-General
This clause provides for the name of the Bill as the Work Health and Safety Amendment Bill 2022.
This clause provides for the commencement of the Bill.
Section 75A of the Legislation Act 2001 (Legislation Act) states that an Act or legislative instrument commences retrospectively if it commences on a day or at a time earlier than the day after its notification day. Section 75B of the Legislation Act provides that an ACT law may operate retrospectively, provided that the law clearly articulates that intention.
This clause provides that the proposed amendments are taken to have commenced on the day the Bill was presented to the ACT Legislative Assembly which means it would commence before the date it is passed and notified.
The amendment in this Bill is clarifying in nature consistent with the longstanding policy view that the intention of the WHS Act is to secure the health and safety of all workers and workplaces in the ACT, including the ACT Legislative Assembly.
This clause provides for the legislation to be amended, being the Work Health and Safety Act 2011 (WHS Act).
This clause inserts a new clarifying section to put beyond doubt that the WHS Act covers the work of Members of the Legislative Assembly and Legislative Assembly Committee members and work that others do to support the work of Members of the Legislative Assembly.
Specifically, it provides that the work of a member of the Legislative Assembly in the exercise of the member’s functions, and work carried out by other people to support the member in the exercise of their functions is work that is carried out in an undertaking for the purposes of the WHS Act.