❓ Question regarding the applicability of the Work Health and Safety Act 2020 to Recognised Biosecurity Groups (RBGs) using 1080 baits, and the support provided by DPIRD to help RBGs meet their obligations. The Minister acknowledges RBGs are likely PCBU's and is seeking legal advice.
AnsweredQoN 1065Legislative Council
QuestionView source ↗
RECOGNISED
BIOSECURITY GROUPS — 1080 BAITS
1065. Hon COLIN de GRUSSA to the Minister for Agriculture and
Food:
I refer to the minister's response to question
without notice 881 relating to recognised biosecurity groups, or RBGs.
(1) Has the
Department for Primary Industries and Regional Development undertaken any
investigations on whether RBGs are deemed as ''persons conducting
businesses or undertakings'' within the meaning of the Work Health and
Safety Act 2020, given that they engage licensed pest management technicians to
undertake pest management activities?
(2) If no to (1), why not?
(3) If yes to
(1), please outline the results of that investigation and any assistance
provided by DPIRD to RBGs to meet their obligations under the act.
BIOSECURITY GROUPS — 1080 BAITS
1065. Hon COLIN de GRUSSA to the Minister for Agriculture and
Food:
I refer to the minister's response to question
without notice 881 relating to recognised biosecurity groups, or RBGs.
(1) Has the
Department for Primary Industries and Regional Development undertaken any
investigations on whether RBGs are deemed as ''persons conducting
businesses or undertakings'' within the meaning of the Work Health and
Safety Act 2020, given that they engage licensed pest management technicians to
undertake pest management activities?
(2) If no to (1), why not?
(3) If yes to
(1), please outline the results of that investigation and any assistance
provided by DPIRD to RBGs to meet their obligations under the act.
AnswerView source ↗
I thank the member for the question.
(1)–(3)
It is the Department of Primary Industries and Regional Development's
view that recognised biosecurity groups are likely to be deemed as persons
conducting businesses or undertakings. I have asked that legal advice be
obtained to confirm this. DPIRD has provided support to RBGs to understand and
manage their responsibilities under the new Work Health and Safety Act 2020. In
September 2021, DPIRD organised for the Department of Mines, Industry Regulation
and Safety to present to RBGs on the adoption of the new work health and safety laws. In consultation with the RBGs, DPIRD
has developed a work health and safety management system template
appropriate to RBG operations. Training has been provided to RBGs on how to
implement and maintain the system.
(1)–(3)
It is the Department of Primary Industries and Regional Development's
view that recognised biosecurity groups are likely to be deemed as persons
conducting businesses or undertakings. I have asked that legal advice be
obtained to confirm this. DPIRD has provided support to RBGs to understand and
manage their responsibilities under the new Work Health and Safety Act 2020. In
September 2021, DPIRD organised for the Department of Mines, Industry Regulation
and Safety to present to RBGs on the adoption of the new work health and safety laws. In consultation with the RBGs, DPIRD
has developed a work health and safety management system template
appropriate to RBG operations. Training has been provided to RBGs on how to
implement and maintain the system.
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