Stakeholder Reference Group
Thursday 17 October 2013
1:00pm- 4.00pm
WorkSafe Victoria
Paramount Corporate Centre, Exhibition Street, Melbourne
Chair Keith Brown/
Minutes
Garry Shannon
Melinda Collinson
Participants Barry Durham (VCEA), Cathy Butcher (VTHC), Barry Sherriff (PCA), Renata Musolino (VTHC),
John Darcy (MBAV), Carol Bullivant (AIGroup), Rodney Tresidder (MPMSA), Phil Lovelock
(VECCI), Carl Marsich (CPSU/SPSF), Patrick D’Alessandri (VACC), Tracey Browne ( AI Group),
Gerry Ayres (CFMEU), Jody Beckwith (CCF), Geoff Pawsey (MAV), Peter Verberne (AMCA), Paul
Burgess (NECA), David Tuddenham (ETU), Kathy Chrisfield (ANMF), Erin Sterritt (ANMF), Amy
Towers (RCSA),
Apologies
Megan Davison (MCA), Yiota Paraskevopoulos (ANF), Andrew Hawkins (LASA), Cris Giblin
(PTEU), Sarah Ross (AMWU), Gwynnyth Evans (AMIEU) , Grant Odgers (HACSU), Steve Rocco
(PTEU), Georgie Kimmel (AMWU), Percy Pillai (AWU), Kimberley White (RCSA),Gayle Burmeister
(NUW), Michael Clarke (TPA), James Cox (SDA), Patricia Murdock (VFF), Kathryn Walton (PCIA),
Wendy McInerney (Shell), David Amesbury (ACCV), Sergio Parisi (SPSF) Janet Marshall (AEU),
Mark Binks (CCF), Alexandra Ternill (RSCA), Anna Vong (VACC), Tony Lopez (HIA), Stefan
Delaney (SIAU), Zoran Bukavica (ANF), Jennifer Sanderson (RCSA), Keith Govias (A.R.A.),
Damien Ryan (LASA),
Attendees
Kate Despot, Louise Close, Adam Watson, Anne Warner, Linda Timothy, Jennifer Anderson Fair
Work Commission {FWC}), Jamie Swan, Jarrod Edwards, Anna Scott, Cath Duane
No.
Item
1.
Welcome
Keith Brown opened the meeting and welcomed attendees.
Request to confirm Minutes of 26th September 2013
Minutes of the September meeting were accepted.
Actions arising from previous meeting 26th September 2013
Keith detailed the actions arising from the September meeting and where in the agenda they would be
addressed.
Keith brought forward a General Business item requesting feedback on the issue of the timing of the next SRG
meeting due in March 2014 and whether there was support for a meeting in February 2014. Stakeholders agreed
that a meeting should be scheduled for February 2014. Notice will be given of that date in the release of next
years scheduled meeting dates.
2.
Enforcement Group Update
Enforcement Group update included action item from September’s meeting.
Key points included:
o
o
Louise Close presented an overview of some reasons or circumstances why prosecutions were
withdrawn or unsuccessful.
Details on prosecution cases and outcomes explaining the background to the reasons for conviction or
non-conviction and the size of the fines imposed if any was presented. Categories of prosecution cases
were fail to notify and unlicensed removal of asbestos
Page 1
No.
Item
The feedback from Stakeholders was that they wish to receive more advice on prosecution outcomes.
Action: WSV will provide an update next SRG on the outcomes of an earlier project on Enforceable
Undertakings.
3.
Internal Review Update
Anne Warner attended to update SRG on 2012/2013 performance results.
Key points included:
o
Of the 1,380 applications for internal review of inspector’s decisions, 91% were related to the OH&S Act.
o
Of these applications 98% were from employers and 2% from workers or HSR’s.
o
10 applications were sent to VCAT following internal review.
o
Applications to VCAT are reducing over time.
o
A high proportion of inspector decisions are not overturned.
o
The applications from workers or HSR’ remains at a small number.
Concern was expressed by Stakeholders that the process of issuing PIN’s by HSR’s needed further attention as
IRU outcomes were affecting confidence in their ability to perform their role.
The discussion also included the difficulty with completing PIN’s with regard to correct entity details due to the
use by companies of trustee arrangements. This complex issue is to be addressed in the execution of actions
listed below.
Anne offered to conduct special sessions to illustrate/demonstrate the PIN process which would include the how
and why of various outcomes. The session would include ensuring HSR’s understand sections and standard
wordings which would assist in completing PIN’s. This offer was accepted by Stakeholders.
4.
Legislation Policy & Information Services Update
Linda Timothy presented on Dangerous Goods, National OHS Forums and the Fair Work Act anit-bullying
amendment
Key points included:
o
The new Code of Practice for the Storage and Handling of Dangerous Goods came into effect on 11
October 2013. The Amendment to the Dangerous Goods (Explosives) Regulations 2011 is effective
from 15 October 2013.
o
Linda updated Stakeholders on the outcomes of the Safe Work Australia Strategic Issues Group
meeting held on 27 September 2013.
o
Linda updated the Stakeholders on the Fair Work Act anti-bullying amendment which will come into
effect on 1 January 2014. Linda advised that there would be no legal conflict with Victorian OHS or
workers compensation legislation and that WSV would attempt to minimise any potential confusion by
ensuring consistent messaging and working closely with the FWC on implementation. Linda invited
Jennifer Anderson, Project Manager at FWC, to contribute to this discussion.
Linda responded to a September meeting action item querying whether there was any change to the Victorian
Government’s position on national harmonisation following a change in federal government. Linda was not
aware of any information that would indicate any change had occurred in the Victorian Government’s position.
5.
Social Research Update
Jamie Swan attended to update the Stakeholders on the changes to the principles of measuring Client
Service Management.
Key points included:
o
The new measure is a shift from an “are you satisfied” measure to “make an assessment”.
o
Jamie also explained how we reach score outcomes in service areas including what questions are used
in the survey to reach conclusions.
o
The results from 2012/2013 were worked through in detail.
2
No.
Item
6.
Health & Safety Update
Jarrod Edwards attended to explain the inspector processes following a high profile event. Jarrod outlined in
detail the manner in which such events might come to WSV attention and then what operational strategies or
considerations used which include:
Key points included:
o
Source of advice via advisory or external.
o
Primary consideration is the immediate risk to workers and public.
o
Inspector attendance consistent with the Incident Response Framework.
o
Investigation consideration by Enforcement Group in parallel.
o
Relevant H&S Operations Director to lead.
Jarrod was asked why the Dangerous Goods project had been interrupted. Stakeholders were advised that the
project was still current but that the project lead had been temporarily reassigned.
Action: WSV to distribute the Incident Response Framework.
Action: WSV to make available an update on workplace visits, enforcement activities, type of activities.
Anna Scott presented on the Health & Safety Strategy and program logic in response to a request from the
September meeting.
Key points included:
o Anna detailed how the program logic methodology sits inside the H&S strategic framework and how they
fit together.
o Anna also advised Stakeholders on timelines for delivery of each of the 6 program logics.
Action: The program logics are to be distributed to SRG participants when they are completed.
7.
Other Business
Stakeholders enquired regarding the progress with the Health & Safety Strategic Framework, the Modern
Regulator and the Health & Safety Business Unit Realignment projects. Cath Duane updated the meeting on
progress on each of these projects.
8.
Meeting Close at 3:55pm
Action items from 17 October 2013 meeting
No.
Action items
Who
By when/ Status
1
WSV will provide an update to the SRG meeting on the outcomes of an
earlier project on Enforceable Undertakings.
KD
27 March 2014
2
WSV to distribute the Incident Response Framework.
JE
28 November 13
3
WSV to make available an update on workplace visits, enforcement
activities, type of activities.
RP
28 November 13
4
The program logics are to be distributed to SRG participants when they are
completed.
AS
TBC
3