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Parliamentary Questions


Question Without Notice No. 763 asked in the Legislative Council on 12 October 2021 by Hon Colin De Grussa

Parliament: 41 Session: 1

VOLUNTEER BUSH FIRE BRIGADES

763. Hon COLIN de GRUSSA to the Minister for Industrial Relations:

I refer to recent discussions between the Department of Mines, Industry Regulation and Safety and key stakeholder groups representing volunteer firefighters.

(1) Has the government undertaken an assessment of the type and number of volunteer organisations that will be captured by the Work Health and Safety Act 2020 as a result of them being deemed as persons conducting a business or undertaking?

(2) If yes to (1), will the minister please table the results of the government's assessment?

(3) What assistance is the government aiming to provide to volunteer organisations deemed as a PCBU?

(4) With specific reference to volunteer bush fire brigades, what entity is deemed as a PCBU—that is, is it a brigade itself, a local government or the Department of Fire and Emergency Services?

Hon STEPHEN DAWSON replied:

I thank the honourable member for some notice of the question.

(1) The Department of Mines, Industry Regulation and Safety has not undertaken an assessment of the type and number of volunteer organisations, as it does not anticipate that a significant number of volunteer organisations would be PCBUs pursuant to the Work Health and Safety Act 2020. Further, DMIRS does not envisage a material change for the vast majority of volunteer organisations, which already have similar duties under the Occupational Safety and Health Act 1984.

(2) Not applicable.

(3) DMIRS is developing a public information campaign to advise PCBUs of the impending implementation of the WHS act and their duties. DMIRS is developing specific materials as part of the campaign to provide advice to volunteers.

(4) All government departments, including DFES and local governments, meet the definition of a PCBU under the WHS act. A volunteer association does not conduct a business or undertaking for the purposes of this act if it does not employ anyone.