Simon Crean (Hotham, Australian Labor Party, Minister for Regional Australia, Regional Development and Local Government) Share this | Hansard source

Very briefly on that point, given that this has been responded to, I just make these three points. The concept of control is in the legislation. It will be relevant in determining what is reasonably practicable in the circumstances. We have not included 'control' in the primary duty of care as a result of the national review recommending against it. Whilst this was fought out, this was where the parties settled.

Our concern is that if you put it in it could lead to people or employers using arrangements to avoid control—to avoid meeting the test that the member wants to embody so categorically. They could be encouraged to avoid showing they had control in order to avoid the duty. Our focus is on ensuring that the duty is adhered to. It is for that reason that we oppose these amendments. Question put:

That the amendments (Ms Ley's) be agreed to.

The House divided. [12:15]

(The Speaker—Mr Jenkins.)

Question negatived.

See this speech in context