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

if we can actually make a photocopy. I thank the senator for that indulgence. We will try to get the documentation to the parliamentary secretary as soon as possible. I understand the minister was written to on 27 June 2011 as well.

Also, a letter from Safe Work Australia on 15 March 2011, signed by Mr Rex Hoy, in particular talks about clause 5 of the bill and the definition of a 'person conducting a business or undertaking'. Safe Work Australia, in Mr Hoy's correspondence, tells us:

Subclause 5(1) makes it clear persons conducting a business or undertaking are covered regardless of whether the business or undertaking is conducted for profit or gain.

In other words, the not-for-profit sector is included. The letter then says:

Further guidance and the intended scope of the term 'person conducting a business or undertaking' may be found in the explanatory memorandum. The explanatory memorandum explains that it is intended to be read broadly and covers businesses or undertakings conducted by persons including employers, principal contractors, head contractors, franchisors and the Crown. This would also cover, for example, other organisations and entities that are recognised at law, including incorporated associations.

We are then told:

The ministerial council decided the model work health and safety laws should protect volunteers in their capacity as workers, but it should not have the unintended consequences of discouraging voluntary participation in community based activities.

We are told further:

The ministerial council directed that regard must be given to the extent to which the model work health and safety laws should place duties on volunteer directors or organisations and the extent to which duties of care should be owed to persons who undertake work in a voluntary capacity.

Possibly, Parliamentary Secretary, you could just explain to us again how that direction from the ministerial council was implemented to ensure that regard be had to 'duties on volunteer directors of organisations and the extent to which duties of care should be owed to persons who undertake work in a voluntary capacity'.