The ACT's work health and safety commissioner has rejected any suggestions the safety watchdog was pressured by Workplace Safety Minister Mick Gentleman to issue a stop-work notice to the Legislative Assembly.
The commissioner, Jacqueline Agius, said she did not take directions from the minister and a complaint from Mr Gentleman's office was not treated any differently to any other inquiry received by WorkSafe ACT.
Budget estimates were forced to a halt in August following the issuing of a prohibition notice regarding COVID-19 safety concerns.
A parliamentary inquiry into the issuing of the notice started public hearings on Monday. The inquiry is determining whether the safety watchdog breached parliamentary privilege.
But lawyers who provided advice to WorkSafe have said the matter needs to be determined within the Supreme Court and not in a parliamentary inquiry. This was at odds with legal advice provided to the Speaker.
WorkSafe inspectors had attended the Assembly following an inquiry from a staffer about the fact the hearings would require most officials to attend in-person.
Mr Gentleman had been pressing for officials to have the choice to attend virtually, as had happened during COVID.
But the inquiry heard from WorkSafe representatives multiple people had complained about the hearings, including senior public servants.
Bureaucrats had concerns they would be required to be in a waiting area for long periods of time and that this was contrary to control measures in place in the broader ACT public service.
Mr Gentleman has been accused of using his position to "influence, suggest or pressure" WorkSafe ACT into issuing the notice but Ms Agius said the complaint was not treated any differently. She also pointed to there being multiple inquiries about the hearings.
"We do not deal with any matter in our office any different, it doesn't matter who it comes from," she said.
"We are an independent office and we will not be influenced, we will not be convinced, we will not make a decision based on anybody interfering with our office. It's as simple as that and I will not allow that to occur."
The prohibition notice, which delayed the start of estimates by one week, said inspectors had found the select committee on budget estimates had not undertaken a COVID risk assessment.
The notice was initially handed down on August 12 but was reissued on August 15. Ms Agius said she had directed the notice to be reissued as she felt the first notice was too broad.
Privileges committee chair Jeremy Hanson pressed Ms Agius on why this particular activity had been shut down but other activities had been able to take place in the Assembly.
He pointed to sitting days, other committee hearings and meetings with members of the public.
Mr Hanson also circulated an image of Mr Gentleman with workers from the Emergency Services Agency that was taken in the Assembly on the same day his office had been in touch with WorkSafe ACT.
The image, posted on LinkedIn, showed Mr Gentleman in a room with 17 others. There was no social distancing and nobody was wearing a mask.
Ms Agius said the reason inspectors had only focused on estimates hearings was because this is what the complaint had related to.
"If this was a general workplace visit, like a proactive visit, then they would absolutely be going and looking at every single part of the organisation but because this was in relation to a specific inquiry that had been made to our office... then the inspector would be going out just to look at that specific matter," she said.
The WorkSafe ACT office also received a "significant threat" on the day after the notice became public, which forced staff to work from home and meant inspectors would only respond to matters of "serious concern".
Ms Agius told the committee the threat was referred to police and some staff had to take leave as a result of the complaint.
She said this had come after the story had been in the media and specifically referenced coverage of a letter by Speaker Joy Burch where she had said she would seek legal advice and may take the matter to the Supreme Court.
Ms Agius said she did not know how the letter was given to the media.
The letter was a public document as Ms Burch had tabled the letter in the territory's parliament that was able to be accessed through the Assembly.
Ms Burch, who fronted the inquiry on Monday afternoon, reaffirmed her view that the action taken by WorkSafe was an "over reach" and had breached the separation of powers.
She also voiced her disappointment that the Legislative Assembly was conveyed to be an unsafe workplace. She said the Legislative Assembly responds to the Work Health and Safety Act and had a COVID-safe plan in place since March 2020.
"Parliamentary privilege is unique and must be protected and this prohibition notice was an over reach into that," Ms Burch said.
"That's part of the frustration around the narrative of this is that I believe [the Office of the Legislative Assembly] is a safe workplace and we have safe work practices."
We've made it a whole lot easier for you to have your say. Our new comment platform requires only one log-in to access articles and to join the discussion on The Canberra Times website. Find out how to register so you can enjoy civil, friendly and engaging discussions. See our moderation policy here.
