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Mr DEAN ( Windermere ) - I will make a brief contribution. Of course
I support the legislation moving forward. I want to raise one or two
issues at this stage. As I understand it, the legislation relates to
the movement of dangerous goods over public property, over public roads,
and public facilities but it does not cover movement of dangerous goods
over private property and/or on private roads. I would like a little
bit of clarity on that as to whether or not I am interpreting in the
right way.
In this State, and I suspect in many of the other States, we have many
private roads that are controlled by different organisations - Forestry
have private roads, logging contractors have private roads - and I am
just wondering whether or not it does go to cover those areas, Madam
President. I would like some advice in relation to that.
In the current arrangements relative to the policing of this act, the
responsibility falls to Workplace Standards, as has already been said.
I am not quite sure how Workplace Standards really cope with the amount
of work that they have. I would say, Madam President, they are probably
one of the most over-worked departments in this State. Every time you
see these people they are running from one place to another. I often
have a discussion with them. They make it very clear that they are pressured
to keep up and to do some of the things they are required to do. What
I would see here, unfortunately, is that Workplace Standards will probably
do what they are doing in many other cases, that is, being very reactive
and not really proactive in their responsibilities. I do not know whether
or not that is the right way for policing or responsibilities to be
done in regard to such important legislation.
I think they will be waiting for complaints to come in and/or they will
be reacting to information that they might get because they are a very
much overworked department. I feel for them and I have often said that
to them.
Regarding authorised officers under this bill, the Workplace Standards
personnel and police are authorised officers as well, and there could
well be others. They have fairly awesome powers and it has been referred
to by the member for Mersey already that they have the authority to
search places under certain conditions and without warrants in some
conditions and they have the authority to use reasonable force to do
that as well. A lot of people would think only police would be able
to exercise these powers but that is not the case under this bill; an
authorised officer has the right to use a reasonable amount of force
to carry out some of the functions that they are entitled or obliged
to undertake. So we do need to be very careful.
The other matter I want to mention at this stage, Madam President, is
the one of extra cost. The Leader mentions that and it is referred to
in the second reading speech that there is likely to be an extra cost
on a number of the transportation companies and organisations and people
carrying out the movement of dangerous goods. So my question to the
Leader is, and I suspect it has been done, have all those people who
will be impacted by this legislation been consulted? If they have been
consulted, what was their reaction to it; what have they said about
it and what have they indicated about the cost that might occur to them?
Their costs are normally pushed back to somebody else to pick up at
the end of the day.
I think a major part of this is to ensure that they were at least consulted
and if not I would have some concerns. I did ask one operator what their
position was and he said that he knew very little about it. He was not
aware of what was happening. Has wide consultation in this process taken
place?
There are some other issues, Madam President, that I will refer to during
the Committee stage.
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