Occupational Health and Safety Amendment (Liability of Volunteers) Bill 2008

Debate resumed from 3 April 2008.

Reverend the Hon. FRED NILE [11.40 a.m.]: The Christian Democratic Party is pleased to support the Occupational Health and Safety Amendment (Liability of Volunteers) Bill—an important bill introduced by Nationals member the Hon. Rick Colless—and looks forward to its passage through this House. A new section will be inserted into the Occupational Health and Safety Act to prevent any personal prosecution of trustees in the event of an accidental injury. The wording of new section 26 (5) states:

A director or person concerned in the management of a corporation who is a volunteer is not liable to be prosecuted under this section for anything done or omitted to be done by the person as a volunteer. In this subsection, volunteer has the same meaning as in section 60 of the Civil Liability Act 2002.

This bill will amend the Occupational Health and Safety Act—an important amendment that will encourage volunteers to serve in this area or in any other area where there is a danger of personal liability. Australians are renowned for their volunteerism. I understand from surveys that have been conducted that Australians volunteer to a greater extent than do people in any other nation. Volunteering is a well-known Australian characteristic so it is important for volunteers to have legal protection. That volunteer spirit, which was evident at the Sydney Olympic Games, is now a major factor in the future success of World Youth Day, as thousands of volunteers are recruited to assist in that event in July.

Under the current Occupational Health and Safety Act members of trusts appointed by the Minister for Lands to manage Crown land on behalf of the Government are liable for personal prosecution by WorkCover inspectors should there be an accident causing injury to persons on the land in question. Volunteers who willingly give of their time, effort and expertise to assist in the management of Crown land reserves should not be threatened by the possibility of prosecution by WorkCover. This legislation will provide protection for a number of people. Australia has 850 reserve trusts with over 6,000 trustees voluntarily giving of their time to manage those reserves.

Trustees are not paid for their time and as such they should not be liable to personal prosecution in the event of an accident occurring on the land. Land managed by these trusts includes country showgrounds racecourses, recreational areas, sports fields and community halls, and many and varied activities occur on this land, including show horse events, water sports, cricket, football, motor sports and so on. From time to time accidents will occur. While a trust must have appropriate insurance cover for those types of activities it is unreasonable to expect voluntary trust members to forfeit their personal assets if they are prosecuted and found liable following an accidental injury. I commend the bill to the House.

Ms LEE RHIANNON [11.45 a.m.]: The Greens support the Occupational Health and Safety Amendment (Liability of Volunteers) Bill 2008. Even though we come from different parties and we work in different parts of the community we all realise the incredible importance of volunteers to many organisations. It is becoming difficult for many organisations to maintain their activities as pressure is put on people to obtain paid work. In the past many organisations relied on the volunteer work of women. However, as more women are now in the workforce, that area of supply has dried up and many volunteers are now elderly. We must ensure that volunteers are not put in a situation where they are held liable for considerable costs; we must provide them with an environment in which they feel encouraged and supported when they undertake their volunteer work.

I understand that the new section will remove the liability of trust members and other volunteers from prosecution. The Minister stated that WorkCover would always use discretion and not prosecute trust board members. In saying that, the Minister identified that there is a problem but he is not removing the risk, which is why we need this bill. Members should acknowledge that there are competing interests. The first is getting people to volunteer their time to work in community organisations and the second is to ensure safety in all our workplaces. We believe that as long as an organisation remains liable for prosecution that balance is protected. The Greens acknowledge that that balance is needed and that organisations should remain liable for prosecution. However, we think that all those elements are in place. Because of that balance the Greens are happy to support the bill.

The Hon. MELINDA PAVEY [11.47 a.m.]: I support the Occupational Health and Safety Amendment (Liability of Volunteers) Bill introduced by my Nationals colleague the Hon. Rick Colless. I acknowledge the contributions of the Christian Democrats and the Greens and thank them for their support for this important housekeeping bill. Given our limited sitting times this year and the fact that the Government has not introduced similar legislation, it is up to Opposition members to do the Government's work. This important bill will protect and support volunteers in our community. If it were not for our wonderful volunteers many institutions and community activities across Australia would cease. Volunteers who keep our trusts going do not deserve to have the threat of draconian occupational health and safety laws hanging over their heads.

This bill was introduced as a result of the involvement of the Hon. Rick Colless with the Inverell community. The Hon. Rick Colless referred to many good people in his community who represent the Inverell Speedway Reserve Trust, the Inverell Showground Trust, the Myall Lakes Memorial Hall and the Copeton Waters State Park Trust. Members would be aware that Copeton Dam, which is located in the north of the State, is a popular recreational facility for tourists. Volunteers contacted the Hon. Rick Colless and said that they felt unprotected in their work. Volunteers should never be placed in such a position.

This bill will insert a clause into the Occupational Health and Safety Act to prevent any prosecution of trustees in the event of accidental injury occurring. I note that the Minister has given a very clear indication to my colleague the Hon. Rick Colless that prosecution by WorkCover inspectors will be based on the sensible exercise of their discretion. So basically we are relying on the good faith of WorkCover inspectors to ensure that common sense will prevail. Given today's revelations in the Sydney Morning Herald that WorkCover donated $660,000 to the Transport Workers Union, one wonders about the common sense of WorkCover's directors and management team. Total Government donations to the Transport Workers Union amount to $733,905.

The Hon. Michael Veitch: Point of order: The honourable member's comments are not relevant to the debate.

DEPUTY-PRESIDENT (The Hon. Christine Robertson): Order! I uphold the point of order. The Hon. Melinda Pavey will confine her remarks to the leave of the bill.

The Hon. MELINDA PAVEY: As I was saying, the Minister indicated that the Government will rely on the sensible exercise of discretion by WorkCover inspectors not to prosecute in cases of accidental injury. As I pointed out, WorkCover has donated $660,000 to the Transport Workers Union. I would not think WorkCover has displayed a sensible exercise of discretion in relation to that matter. I commend the work done by the Hon. Rick Colless on behalf of volunteering community groups.

The Hon. Christine Robertson: It would be nice to see you volunteering instead of being so nasty and irrelevant.

The Hon. MELINDA PAVEY: What was that?

The Hon. Christine Robertson: Do you need me to say it again?

The Hon. MELINDA PAVEY: Yes.

The PRESIDENT: Order! I remind all members that interjections are disorderly. The Hon. Melinda Pavey will address her remarks to the bill.

The Hon. MELINDA PAVEY: There are approximately 850 reserve trusts throughout New South Wales with over 6,000 trustees who voluntarily give up their time to manage reserves. The difficulties experienced by trusts are evident in two examples. The Coffs Harbour Showground Trust in my home area and the Kempsey Showground Trust are under administration by the Department of Lands. That demonstrates that volunteers are finding it more difficult to meet legislative requirements in current circumstances. The volunteers have decided to hand over their responsibilities to administrators, in part because they would be personally liable if a fatal accident occurred on showground trust reserves. The expeditious passage of this legislation should be supported. The bill is worthy of support, and I suspect the Government will support it. I hope that the bill will be debated in the lower House as expeditiously as possible.

Debate adjourned on motion by the Hon. Melinda Pavey and set down as an order of the day for a future day.