Work Health and Safety Advisory Council - 28 November 2022

19 May 2023
Council Communiques

Meeting minutes and Communique from September 2022

The council accepted the previous meeting minutes and communique from September 2022.

Updates on NT WorkSafe Prosecutions

The Work Health Authority (WHA) gave the Council an update on all current prosecutions at NT WorkSafe.

The Council have requested further information on how Enforceable Undertakings come into effect, the value of such undertakings and the process relating to same. At the next Council meeting, NT WorkSafe’s Director of Technical Services and new Director of Investigations will be invited to provide the Council with further information and clarification on the Prosecution and Enforceable Undertaking processes.

The Injured Workers and Family Forum Subcommittee

In 2019 , two recommendations from the ‘Best Practice Review of Workplace Health and Safety in the Northern Territory’ Final Report (the Lyons Review) were referred to the Worker’s Rehabilitation and Compensation Advisory Council and the Work Health and Safety Advisory Council (the Councils) for consideration:

Recommendation 4

That an Injured Workers and Families Forum be established, actively supported, and consulted by both NT WorkSafe and the Work Health and Safety Advisory Council.

Recommendation 5

That NT WorkSafe develop a more effective system to ensure that the families of victims of fatalities are supported, modelled on best practice used by police services.

The Councils established a joint subcommittee, referred to as the ‘Injured Workers and Family Forum’ (the Forum), to consider how recommendation 5 could be implemented. After extensive consultation and consideration of both national and international trends and systems the chairs (at the time) of the Workers Rehabilitation and Compensation Advisory Council (WRCAC) and Work Health and Safety Advisory Council (WHSAC) wrote to the Minister to regarding the Forums findings and their recommendations

On 17 November 2022, the Minister wrote to the Chairs or WRCAC and WHSAC noting the Forums findings, accepting and accepting in principle their recommendations and advising that the national principles have been endorsed by the Northern Territory and that NT WorkSafe will be working on developing resources in collaboration with the Coroners Court and other stakeholders.

The Minister has accepted the Councils offer to have the forums recommendations continue as permanent agenda items for the Councils meeting to ensure that the activities will continue to receive the appropriate level and quality of support.

The Council agreed and noted the above.

Health and Safety Representatives (HSRs)

Unions NT  have  raised a number of concerns regarding  HSRs:

  • HSRs are not being consulted when NT Work Safe (NTWS) inspectors attend at worksites;
  • Whenever NTWS inspectors attended at worksites, their first point of contact should be to seek out or touch base with the HSR who can then be involved in the process and purpose of the inspectors visit – he alleged that this was not happening and that HSRs at worksites are being ignored by inspectors when they attend;
  • NTWS inspectors are not consulting with HSRs when they attend, and they should, that is what is the intention of the Work Health and Safety (National Uniform Legislation) Act (the Act);
  • HSRs take their role, duties and responsibilities as HSRs very seriously and they are not supported as HSRs by the PCBUs of NTWS;
  • HSRs are too scared to speak up as their opinions, recommendations and actions are often undermined by the PCBU and NTWS;
  • HSRs take their duties in that role seriously and would have considered all issues prior to issuing Provisional Improvement Notice (PINs), however when they do issue PINs, these are not respected and are often ignored or revoked by NTWS;
  • The relationship between HSRs and NTWS and NTWS staff is poor, because they are ignored by NTWS inspectors, there is an inference (the WHA) that the accusation is that NTWS always supports PCBUs over workers and HSRs; and
  • The lack of support for HSRs either by the PCBU or NTWS, whereas in the Act there is a requirement that HSRs are provided with ongoing training.

The Chair advised the Council that there was a recent forum/conference for HSRs in Darwin held by “Safer Together”, an organisation who has chapters in Western Australia, Northern Territory and Queensland.

The WHA has noted these views and has advised the Council that however has advised that they do not accept the allegations made against NTWS inspectors.

The WHA reminded the Council that HSRs and Union members are able to communicate with the WHA to raise any issues or concerns so that the appropriate action may be taken.

Next meeting

The next meeting will be scheduled in the New Year.

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