A Statement by the WHS Commissioner: Issuing of Prohibition Notice to the Legislative Assembly

Original article published by WorkSafe ACT

I make this statement in the public interest, following the many statements which have been made to the media surrounding this matter in the preceding days. Consistent with the usual practice of my Office, and in order not to prejudice the interests of any of those involved, I declined to make any public statement until the matter was resolved. I am pleased to advise that the matter has now been resolved.

As the Work Health and Safety Commissioner and the Regulator under the Work Health and Safety Act 2011, my functions, and the functions of my staff, include the monitoring and enforcement of compliance with the Act. Like all of our functions, that function is exercised independently and with due diligence.

On Friday last week, subsequent to telephone communications with the Legislative Assembly, a WorkSafe Inspector attended the ACT Legislative Assembly. Subsequent to the inspection, the Inspector issued a notice prohibiting the conduct of hearings of the Select Committee on Estimates 2022-2023 from operating at the Legislative Assembly in a specific way. The notice did not prohibit the conduct of the hearings remotely. To remove any doubt, a further notice was issued by the Inspector on Monday morning, making clear that the prohibition notice applied only to committees at which participants were required to attend in person.

The notice required the Legislative Assembly to:

1. Undertake a risk assessment in relation to face-to-face hearings or committee meetings at the Legislative Assembly of the Australian Capital Territory;
2. Develop and implement adequate control measures in line with the Hierarchy of Control, pursuant to regulation 36 of the Work Health and Safety Regulation 2011;
3. Consult with all workers (and participants) who are, or are likely to be, directly affected by the activity; and
4. Provide evidence of the risk assessment, control measures, and consultation process having been undertaken.

The prohibition notice has now been complied with and was today lifted following a workplace visit by WorkSafe ACT Inspectors.

The precinct of the Legislative Assembly is a workplace and those who attend there must be kept safe, in the same way they must be kept safe at all workplaces.

The ACT Government today reported there are 2,054 active COVID-19 cases in the Territory, with 124 of those being treated in hospital, three in ICU, and one on a ventilator.  Another COVID death has been announced today taking the total deaths since the beginning of the pandemic to 117.

The risks from COVID-19 remain serious. Like any other significant risk to health or safety, it is imperative that all businesses in the Territory assess the risks from COVID-19 and implement reasonably practicable control measures to eliminate or minimise those risks. ACT Health requires certain facilities and businesses to develop and follow a COVID Safety Plan. Whilst the development of those plans is important, they do not obviate the need for businesses to undertake a risk assessment according to the WHS framework. This includes ongoing assessment of the risks from COVID particularly for new activities, and as the number of infections in the community changes over time.

WorkSafe Inspectors will continue their important work in this area and continue to have my full support as they do so.

WorkSafe ACT will not be making further comments.

Jacqueline Agius

Work Health and Safety Commissioner

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