Work Health and Safety Exemption (Construction induction training-ASC AWD Shipbuilder Pty Ltd and overseas technical specialists) (September 2014) [F2014L01195] -Concluded matters [2014] AUSStaCSDLM 204 (29 October 2014)

• Work Health and Safety Exemption (Construction induction training - ASC AWD Shipbuilder Pty Ltd and overseas technical specialists) (September 2014) [F2014L01195]

Work Health and Safety Exemption (Construction induction training - ASC AWD Shipbuilder Pty Ltd and overseas technical specialists) (September 2014) [F2014L01195]

Purpose	Provides for grant of an exemption under the Work Health and Safety Regulations 2011 from the requirement for ASC AWD Shipbuilder Pty Ltd to ensure certain workers (i.e. technical specialists) have undergone construction induction training, and also grants certain workers (i.e. technical specialists) an exemption from the construction induction training requirement
Last day to disallow	1 December 2014
Authorising legislation	Work Health and Safety Regulations 2011
Department	Employment

[The committee first reported on this instrument in Delegated legislation monitor No. 13 of 2014]

Issue:

No description regarding consultation

Section 17 of the Legislative Instruments Act 2003 directs a rule-maker to be satisfied that appropriate consultation, as is reasonably practicable, has been undertaken in relation to a proposed instrument, particularly where that instrument is likely to have an effect on business. Section 18, however, provides that in some circumstances such consultation may be unnecessary or inappropriate. The ES which must accompany an instrument is required to describe the nature of any consultation that has been carried out or, if there has been no consultation, to explain why none was undertaken (section 26). With reference to these requirements, the committee notes that the ES for the instrument provides no description of the nature of the consultation undertaken [the committee therefore requested further information from the minister; and requested that the ES be updated in accordance with the requirements of the Legislative Instruments Act 2003].

MINISTER'S RESPONSE:

The Minister for Employment advised:

The exemption instrument exempts ASC AWD Shipbuilder Pty Ltd from requirements in the Work Health and Safety Regulations 2011. This is to ensure that technical specialists recruited from overseas undertake general construction induction training (and hold a general construction induction training card) before starting work on ships under construction as part of the Air Warfare Destroyer program at the Osborne shipyard, South Australia.
The exemption instrument also exempts the technical specialists from the requirement in the Work Health and Safety Regulations 2011 to keep available for inspection general construction induction training cards.
The exemptions have been granted on condition that each technical specialist undertakes safety induction training developed by ASC AWD Shipbuilder Pty Ltd and delivered in-house at the Osborne shipyard before starting work.
Comcare consulted extensively with ASC AWD Shipbuilder Pty Ltd before granting the abovementioned exemptions.
In addition, ASC AWD Shipbuilder Pty Ltd consulted with its Australian-based workers who would be supervising the technical specialists and others carrying out the relevant work on the Air Warfare Destroyer program. Consultation beyond these parties was not carried out.
Comcare has indicated that it was able to be satisfied that further consultation would be unnecessary (as permitted by section 18 of the Legislative Instruments Act 2003).

The minister also advised that Comcare had amended the ES in accordance with the committee's request.

COMMITTEE RESPONSE:

The committee thanks the minister for his response and has concluded its interest in this matter.