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Review demands independence for WorkSafe ACT

A review of WorkSafe ACT has recommended it be restructured as a standalone entity.

The body currently sits within the government agency Access Canberra, and the review has found Worksafe’s autonomy has been compromised by the arrangement.

The review found a single accountability governance model should be established and a commissioner installed with the authority to regulate workplace health and safety.

At present, the head of Access Canberra is in charge of regulatory decisions. The Work Safety Commissioner is head of the workplace protection division within Access Canberra, and reports to senior management. This creates some confusion about the commissioner’s functions, with the two roles partly overlapping, the review found.

Most stakeholders believe it is problematic for the role of commissioner and of regulator to be performed by the same person “wearing different hats”.

The review also found a lack of clarity on the regulatory advisory committee’s role within WorkSafe and its impact on the discretion of individual inspectors and the Director of Workplace Protection.

It says WorkSafe is not sufficiently separated from government to protect its integrity, particularly when it needs to ensure government departments comply with legislation.

The review also found the compliance framework confusing, with compliance documents that apply to all regulators in Access Canberra and those that apply specifically to WorkSafe.

WorkSafe focuses disproportionately on the construction industry, with 54% of all site visits at construction sites. The industry accounts for only 13% of all claims, the review found.

The number of notices issued to address non-compliance has fallen, with infringement notices plunging 69% since WorkSafe joined Access Canberra. Improvement notices have dropped by 75% and prohibition notices 59%.