Senate debates

Thursday, 24 November 2011

Bills

Work Health and Safety Bill 2011, Work Health and Safety (Transitional and Consequential Provisions) Bill 2011; In Committee

4:39 pm

Photo of Eric AbetzEric Abetz (Tasmania, Liberal Party, Shadow Minister for Employment and Workplace Relations) Share this | Hansard source

I thank the parliamentary secretary for that. What is the difference and how will it be determined, if the clause refers to the person who has the management or control? Clearly, management and control are now being seen as two different things, but both can be responsible. Of course, there are potentially work sites for which somebody has the overall management responsibility but for which a subcontractor has the actual control in a particular circumstance. To say that the manager of that site bears as much responsibility as the subcontractor who is controlling the situation leads, I think, to duplication. It is potentially a hugely unfair burden to place on those who have the management responsibility as opposed to the direct control that one would imagine the subcontractor in my example would have.

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