2011
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Ms Amanda Bresnan)
Work Health and Safety (Bullying) Amendment Bill 2011

Contents
	Page
	
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
	4	Appointment of inspectors
New section 156 (1)	2
	5	Section 156	3
	6	Schedule 2, new sections 2.16A and 2.16B	3
	7	Dictionary, note 2	5
	8	Dictionary, new definition of workplace bullying advisory committee	5

2011
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Ms Amanda Bresnan)
Work Health and Safety (Bullying) Amendment Bill 2011

A Bill for
An Act to amend the Work Health and Safety Act 2011

    

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1	Name of Act
This Act is the Work Health and Safety (Bullying) Amendment Act 2011.
2	Commencement
	(1)	This Act commences on a day fixed by the Minister by written notice.
Note 1	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
Note 2	A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).
	(2)	If this Act has not commenced within 9 months beginning on its notification day, it automatically commences on the first day after that period.
	(3)	The Legislation Act, section 79 (Automatic commencement of postponed law) does not apply to this Act.
3	Legislation amended
This Act amends the Work Health and Safety Act 2011.
4	Appointment of inspectors
New section 156 (1)
after the heading, insert
	(1)	The regulator––
	(a)	must appoint at least 3 inspectors with specialist experience or expertise in dealing with bullying in the workplace and other workplace psychosocial issues; and
	(b)	may appoint 1 or more other inspectors.
Examples––par (a)––other workplace psychosocial issues
1	workplace violence and aggression, including verbal and emotional abuse
2	work-related stress and burnout
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
5	Section 156
omit
The regulator
substitute
	(2)	For subsection (1), the regulator
6	Schedule 2, new sections 2.16A and 2.16B
in division 2.1.3, insert
2.16A	Advisory committee on workplace bullying etc
	(1)	The council must establish an advisory committee in relation to bullying in the workplace and other workplace psychosocial issues (the workplace bullying advisory committee).
	(2)	The council must appoint the following members to the workplace bullying advisory committee:
	(a)	1 member nominated by the territory agency responsible for implementing and enforcing territory laws relating to work, health and safety;
	(b)	1 member nominated by an entity the council considers represents unions in the ACT;
	(c)	1 member who is an academic with research skills and expertise in a field relevant to workplace bullying and other workplace psychosocial issues;
	(d)	1 member with professional or clinical knowledge and experience in relation to workplace bullying and other workplace psychosocial issues.
Note 1	For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.  
Note 2	In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).
	(3)	The council may appoint any other member to the workplace bullying advisory committee that the council considers has qualifications or expertise relevant to the functions of the committee.
2.16B	Functions of workplace bullying advisory committee
The workplace bullying advisory committee has the following functions:
	(a)	to monitor the development and operation of territory laws and procedures in relation to the management of workplace bullying and other workplace psychosocial issues;
	(b)	to monitor developments in other jurisdictions in relation to laws and procedures dealing with workplace bullying and other workplace psychosocial issues;
	(c)	to recommend amendments to territory laws and procedures relevant to workplace bullying and other workplace psychosocial issues;
	(d)	to prepare a report for the council at least twice a year on the matters mentioned in paragraphs (a) to (c).
Note 1	An advisory committee may decide how it is to exercise its functions, subject to any council direction (see s 2.16 (3)). 
Note 2	A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity).
7	Dictionary, note 2
insert
·	territory law
8	Dictionary, new definition of workplace bullying advisory committee
insert
workplace bullying advisory committee––see schedule 2 (The regulator and local tripartite consultation arrangements and other local arrangements), section 2.16A.

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 7 December 2011.
2	Notification
	Notified under the Legislation Act on	2011.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2011