Output Group 4 - Regulatory and Other Services WorkSafe Tasmania
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7. Output Group 4 - Regulatory and Other Services
WorkSafe Tasmania
WorkSafe Tasmania works with industry and the community to improve safety, health and return to
work outcomes, and to ensure standards of safety in energy infrastructure.
WorkSafe administers the laws that regulate work health and safety, workers compensation and
return to work, occupational accreditation, asbestos compensation, dangerous goods, energy
infrastructure, and more. Its work includes investigating workplace incidents, promoting safer and
healthier workplaces and practices, promoting prompt and effective return to work, processing
occupational licences, and more.
WorkSafe’s activity supports the Department of Justice’s aim of achieving a fair, just and safe
Tasmania.
During the reporting period, WorkSafe Tasmania developed its Strategic Plan 2013–18 which is
available on the WorkSafe website. The plan sets out tangible goals to achieve safer and healthier
workplaces, work with the community to make workplace safety an important issue, and ensure our
compensation schemes are fair and sustainable. It details strategies, related objectives, measures, key
performance indicators and targets for 2013 to 2018.
In addition to this strategic plan, business, communications and project plans have also been
developed that support and guide its implementation; and the systems for reporting against its
performance indicators.
Legislation
Amendments to the Workers Rehabilitation and Compensation Act 1988 saw Tasmania became the first
state in Australia to establish a presumption in favour of an entitlement to compensation for both
career and volunteer fire-fighters who contract cancer through exposure to harmful chemicals and
substances at work.
National issues
WorkSafe Tasmania contributes to national research, data collection and reporting, and reviews of
legislation, codes of practice and other material. National bodies that WorkSafe collaborates with or
is represented on include Safe Work Australia and its working groups, Heads of Workers
Compensation Authorities, Heads of Workplace Safety Authorities, and the Asbestos Safety and
Eradication Agency.
Notable national projects supported by WorkSafe Tasmania include the five-year National Strategic
Plan for Asbestos Awareness and Management, the National Injury Insurance Scheme, and the Safe
Work Australia Awards.
Compliance and safety
One of the Strategic Plan’s strategies is to reduce workplace death, injury and disease. To support
this, the Inspectorate focussed on the following industries and sectors:
• meat and meat processing;
• public health;
• shearing sheds;
• oyster farms;
Department of Justice Annual Report 2013 -14 90• non-residential construction projects;
• manual handling in the aged care sector; and
• demolition projects.
Audits of industries, sites/facilities, and activities with high-consequence incidents (for example,
asbestos removal or the use of security-sensitive dangerous substances) were conducted by the
Major Hazard Facility, Dangerous Substances, Electrical Standards and Regulation, and Accreditation
and Licensing units. In many instances, results of these audits were positive, showing good levels of
compliance.
The Work Health and Safety Act 2012 introduced new requirements for licensed asbestos removalists,
and existing license holders had 12 months to meet these new obligations. However, 51 licensed
removalists failed to meet these obligations and consequently had their licenses suspended.
The Mines and Mineral Processing unit was heavily involved in investigating three fatalities that
occurred at a Mt Lyell mine in 2013-14.
Work continued on the strategy to address workplace bullying and implement initiatives to reduce
the incidence and harm caused by inappropriate behaviours. A draft strategy will be released in the
last half of 2014 for public comment.
Education and stakeholder engagement
Another WorkSafe strategy is engaging with workplaces and the wider community to influence their
attitudes towards work health and safety, and to empower change to positive behaviours.
Examples range from industry-specific forums (such as those for the mining industry) to the state-
wide WorkSafe Tasmania Month, held every October. WorkSafe Month’s seminars and workshops
cover work health and safety, return to work, legislation, and wellbeing. The Better Work Tasmania
project supports networking and information sharing opportunities for workplaces.
The Advisory Service continues to provide free, practical support and resources tailored to the
needs of small to medium-size businesses. During the year, the Health and Safety Service helped over
220 businesses and held information events around the state.
The Health and Wellbeing Service (a joint Australian and State Government initiative under the
National Partnership Agreement on Preventative Health) supported 180 businesses to develop and
maintain wellbeing programs and initiatives. It also engaged with over 1,400 businesses through state-
wide events such as its Mental Health in the Workplace training workshops and Workplace to
Workplace Active Learning Groups.
Other important communication tools are the:
• free quarterly Workplace Issues magazine, covering work health and safety and return to
work topics and distributed to over 10,000 subscribers;
• free biannual Connections magazine, covering the electrical, gas, plumbing and building
industries for almost 10,000 subscribers; and
• Facebook page, covering work health and safety, wellbeing and return to work for a growing
number of users.
Work has also begun on creating a new WorkSafe website to fully reflect the new organisation and
better meet users’ needs.
Department of Justice Annual Report 2013 -14 91Return to work
Training requirements for injury management coordinators were introduced during the reporting
period. The new units of competency mean injury management coordinators may continue their
training to attain a nationally-recognised qualification.
A scholarship program for injury management coordinators was also developed and is expected to
begin in early 2015.
The opportunity to use the national Return to Work Survey to gather information about return to
work in Tasmania is being investigated.
Table 7.1: WorkSafe Tasmania Activity Information
Activity Type Subject Area Number Total
Prosecutions 13
Long Service Leave 3
Work Health and Safety 4
Workers Rehabilitation and
6
Compensation
Infringement Notices 51
Work Health and Safety 22
Workers Rehabilitation and
29
Compensation
Prohibition Notices 121
Improvement Notices 22
Workplace visits 6272
Helpline Activity
Calls received 30,598
Emails received 5,052
Safety publications 27,909
distributed
Asbestos Removal Licences 31
issued
High Risk Work licences 17,200
issued
High Risk Work licence 21
assessor registrations
Construction Industry 4,141
Whitecards issued
Hazardous Plant 243
registrations
Further information is available on the WorkSafe Tasmania website.
WorkCover Tasmania Board
There is a strong relationship between the Department of Justice and the WorkCover Tasmania
Board, with the Secretary of the Department filling the position of Chair of the Board.
Department of Justice Annual Report 2013 -14 92One legislative function of the Board is to monitor and review how WorkSafe Tasmania exercises its powers and performs its functions under the workers rehabilitation and compensation legislation and the work health and safety legislation. Additionally, WorkSafe Tasmania staff implement the decisions of the Board and help the Board fulfil its functions in relation to workers compensation, injury management and work health and safety. Details of the WorkCover Tasmania Board’s activities are available in its annual report. Department of Justice Annual Report 2013 -14 93
Tasmanian Planning Commission
The Tasmanian Planning Commission is an independent statutory body established under the
Tasmanian Planning Commission Act 1997 and forms part of the Tasmanian Resource Management and
Planning System. From 1 September 2009, the Commission assumed the functions of the former
Resource Planning and Development Commission and the Land Use Planning Branch of the
Department of Justice. The Commission has a range of statutory responsibilities, which include:
• undertaking assessments under the Land Use Planning and Approvals Act 1993 of:
o council planning schemes and planning scheme amendments;
o projects of regional significance; and
o draft planning directives;
• undertaking assessments under the State Policies and Projects Act 1993 of:
o projects of State significance; and
o draft State Policies;
• preparing the Tasmanian State of the Environment report under the State Policies and Projects
Act 1993; and
• conducting inquiries into public land use under the Public Land (Administration and Forests) Act
1991.
The Commission also:
• advises the Minister generally about land use planning in Tasmania, including State and
regional strategic land use planning;
• plans for the coordinated provision of transport and infrastructure for land development; and
• advises local government in relation to planning schemes under the Land Use Planning and
Approvals Act 1993.
For more detailed information on the Commission’s activities please refer to the Tasmanian Planning
Commission’s Annual Report.
Department of Justice Annual Report 2013 -14 94Supervision of Poppy and Hemp Crops
The Poppy Advisory and Control Board’s (the Board) role in the regulation of the poppy industry is
to:
• process applications for licences and advise the Minister for Health on those applications
• advise on matters relating to the cultivation, production and transport of poppies and poppy
material
• collect and collate statistical information and prepare reports
• liaise with the Australian Government to fulfil Australia’s obligations under the international
drug conventions (including the United Nations Single Convention on Narcotic Drugs)
• oversee security matters for Tasmanian crops.
Because of the narcotic content of plants, strict controls are maintained over all aspects of growing
through to processing. Board field officers regularly patrol crops and liaise with the Tasmanian Police
Poppy Task Force, which operates each season.
Board membership
Membership of the PACB includes:
• a person appointed by the Minister, to be the chair
• the Secretary of the Department responsible for the Public Health Act 1997 or a person
nominated by the Secretary
• the Commissioner of Police or a person nominated by the Commissioner
• the Secretary of the Department responsible for the Agricultural and Veterinary Chemicals
(Tasmania) Act 1994 or a person nominated by the Secretary
• a person nominated by the Secretary of the Commonwealth department responsible for
granting licences to manufacture drugs under Part II of the Narcotic Drugs Act 1967
(Commonwealth).
At 30 June 2014, the Board consisted of:
• Dr Peter Patmore (chair)
• Jim Galloway, representing the Secretary of the Department responsible for the Public Health
Act 1997
• Detective Inspector Glenn Lathey, representing the Commissioner of Police
• Dr Lloyd Klumpp, representing the Secretary of the Department responsible for the
Agricultural and Veterinary Chemicals (Tasmania) Act 1994.
The Board is supported by the Department of Justice through the provision of WorkSafe Tasmania
staff to assist the Board in carrying out its responsibilities.
Major issues 2013–14
Review of the Tasmanian Poppy Industry Regulation
In July 2013, John Ramsay and Associates delivered the report of a review of the regulation and
oversight of the poppy industry in Tasmania, commissioned by the then Attorney-General. The
report is available on the Department of Justice website.
Department of Justice Annual Report 2013 -14 95The purpose of this review was to ensure the industry’s regulation is the most effective and efficient
it can be, and that it supports industry growth into the future.
The report gave 16 recommendations, which covered the review’s terms of reference to provide:
• advice on options for a contemporary regulatory framework that supports and protects the
industry; provides safeguards for the community; and meets national and international
obligations
• advice on the roles and functions required into the future for the industry’s regulation and
oversight
• recommendations on the optimal structure for regulating the industry and a suitable
mechanism for future industry engagement with the regulatory body, while maintaining strict
independence of the regulator’s functions and decisions.
The report described its recommended changes as ‘adjustments to aspects of the current system,
rather than a significant structural reform’. Its most significant recommendation was ‘to establish a
clearer separation between the industry development and regulatory functions in the system and the
role that the Board performs in these matters. Essentially, the Board should become the actual as
opposed to de facto [sic] regulator of the system and cease being a general advisory body on all
aspects of the industry.’
In January, the then Government released the report and its response, which was to accept all 16
recommendations with minor variations. In line with this response, the previous Government
approved the drafting of legislation to:
• amend the Poisons Act to change the name and membership of the Board
• allow for the Board to issue growers’ licences
• remove any functions of the Board not related to the regulation of the poppy industry.
At the time of preparing this annual report, the current Government is still considering its position
on the report and its recommendations.
Proposals to grow commercial poppy crops in Victoria and Northern Territory
The Victorian and Northern Territory Governments recently passed legislation permitting the
cultivation of poppies.
In 1972, Commonwealth and state governments agreed to restrict growing opium poppies to
Tasmania, for security reasons.
The Board’s position is:
• the 1972 agreement is still relevant
• there should be a five-year moratorium to fully understand the implications of commercially
producing poppies outside Tasmania and, if warranted, to re-negotiate the 1972 agreement.
Performance measures
One of the Board’s performance measure focuses on the efficiency of its supervision and protection
activities.
Department of Justice Annual Report 2013 -14 96The Department of Police and Emergency Management provides a separate assessment of the
effectiveness of crop protection. The Tasmanian Police Drug Investigation Services unit also reports
on the number of interferences to poppy crops.
The table below provides data on the cost per hectare of supervising and protecting poppy crops
over the last four financial years.
Table 6.1: Cost of supervising and protecting poppy crops
2010–11 2011–12 2012–13 2013–14
Cost per hectare sown $24 $25 $17 $22
Cost per licence issued $570 $579 $488 $515
Hectares harvested 24,858 23,919 29,396 21,428
Total expenditure $604,374 $600,154 $509,393 $470,359
Source: Poppy Advisory and Control Board
The cost per hectare follows crop trends; it is lower when the number of hectares sown increases.
The overall volatility in crop area in recent years is a response to varying world demand combined
with manufacturers’ accumulation of stock levels; this is reflected in the hectares harvested.
The table below outlines other Board activities over the last three financial years.
Table 6.2: Poppy Advisory and Control Board performance measure criteria
2011–12 2012–13 2013–14
Number of poppy licences issued 1,037 1,043 913
Number of inspections of poppy crops 13,000 11,500 11,890
Number of kilometres travelled by field staff 280,000 185,000 191,000
(calculated by poppy season, ie 1 April–31 March)
Number of poppy regrowth reports submitted 20 8 13
Number of interference reports submitted 12 19 21
Number of capsules stolen 687 2,895 3,923
Number of security clearances processed 200 115 49
Number of capsules stolen per hectare sown 0.03 0.09 0.18
Another performance measure is providing a secure and controlled poppy industry in accordance
with United Nations Conventions. This is a shared responsibility between the Board, Tasmania Police
and the growers themselves. Performance is also affected by external factors such as weather and
climate events, which affect the timing of the poppy harvest.
More information is available from the Poppy Advisory and Control Board website.
Hemp Crops
Eleven licences were issued for industrial hemp crops in 2013–14, totalling 89.1 hectares. Forty-four
inspections of these crops were conducted during the year.
Department of Justice Annual Report 2013 -14 97State Architect Tasmania’s State Architect was created to provide strategic and independent advice to the Tasmanian Government on matters relating to planning, urban design, building architecture and built heritage. The State Architect was also given an advisory role in the Government’s own building and infrastructure projects. The position of State Architect has been vacant since early 2012, following the departure of the incumbent, and for budgetary reasons the position has not been filled. Department of Justice Annual Report 2013 -14 98
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