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Thursday, 24 November 2011
Page: 9562

Senator JACINTA COLLINS (Victoria—Parliamentary Secretary for School Education and Workplace Relations) (16:49): I will go back to Senator Abetz's earlier point and take him to clause 16 of the bill, which describes quite clearly the circumstances around which more than one person can have a duty. It says at point (1):

More than 1 person can concurrently—

that is the language used in the bill, not 'jointly'—

have the same duty.

Point (2) then states:

Each duty holder must comply with that duty to the standard required by this Act even if another duty holder has the same duty.

It envisages that different duty holders may indeed have different duties in relation to the health and safety of workers in the circumstances.

Also, addressing the earlier point, point (3) states:

If more than 1 person has a duty for the same matter, each person—

(a) retains responsibility for the person’s duty in relation to the matter; and

(b) must discharge the person’s duty to the extent to which the person has the capacity to influence and control the matter or would have had that capacity but for an agreement or arrangement purporting to limit or remove that capacity.

I think that also answers the concern, in part, raised by Senator Abetz with respect to the control issue. I would further make the point that I earlier made, which is that Senator Abetz is, in these amendments, reprosecuting a matter that has already been addressed. It has been addressed by the state ministers; it has been addressed by new state governments in accepting the terms in the model act, and his difference of opinion is with the national review panel, whose recommendations we have accepted.