Electrical Safety and Other Legislation Amendment Bill 2024
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
Referred to Housing, Big Build and Manufacturing Committee
▸11 members spoke5 support6 mixed
Supports the bill's safety objectives but expressed concerns about the powers given to health and safety representatives and entry permit holders to take photos and videos on worksites, citing CFMEU intimidation concerns.
“Given the history of the CFMEU using bullying and intimidation tactics, the broadening of this power is concerning and something we need to think about carefully.”— 2024-08-22View Hansard
As Minister, introduced the bill implementing recommendations from safety reviews, expanding industrial manslaughter scope to include deaths of bystanders, adding negligence to category 1 offences, and empowering health and safety representatives to take photos and videos.
“This bill reflects a fundamental commitment of the Miles government—the pursuit of the continuous improvement of our safety laws.”— 2024-08-21View Hansard
Supports workplace safety improvements but has significant concerns about privacy implications of HSR and EPH photo/video powers, warning of potential misuse and lack of data handling safeguards.
“The LNP will always support improvements to workplace health and safety. When a worker goes to work it is critically important that that environment is safe and we expect them to be able to return home safely.”— 2024-08-22View Hansard
Expressed concerns about expanded industrial manslaughter scope and alternative verdicts, and strongly opposed provisions allowing health and safety reps and entry permit holders to take photos and videos on worksites, citing CFMEU intimidation concerns.
“We will not be supporting that particular provision with respect to taking photos or videos on construction sites. We feel that in the current climate with the CFMEU... it will actually create more unsafe workplaces.”— 2024-08-21View Hansard
Supports the bill and defended the provision allowing workplace photos and videos, questioning opposition concerns about such evidence gathering.
“Of course I will support these bills. Of course I will support workers right across Queensland.”— 2024-08-22View Hansard
As committee member, supported safety improvements but raised concerns about entry permit holder powers to take photos and videos without clear guidelines on deletion or misuse, citing CFMEU incidents at Cross River Rail.
“We fully support the taking of these photos and videos in relation to a safety incident; we want workers to return home safe. However, there need to be strict guidelines around the footage that is taken so it is not used inappropriately.”— 2024-08-21View Hansard
Supports the bill as chair of the reviewing committee, defending the photo and video provisions as necessary evidence gathering for safety contraventions.
“Let's face it, if there is a contravention of an act in a workplace, somebody who is going in to try to remedy the situation absolutely should be entitled to gather the appropriate evidence in order to prosecute.”— 2024-08-22View Hansard
As committee member, supported safety improvements but criticised the government for delays in bringing forward recommendations. Opposed photo and video provisions for entry permit holders due to lack of deletion requirements and CFMEU concerns.
“The LNP will always support improvements to workplace health and safety... We have concerns with some of this legislation. These concerns relate to photos, videos and data being collected on worksites by health and safety reps and entry permit holders.”— 2024-08-21View Hansard
Acknowledges the bill contains important safety updates but opposes clauses 46 and 47 regarding HSR/EPH photo and video powers, citing CFMEU intimidation concerns and privacy risks.
“The opposition, as has already been foreshadowed, opposes clauses 46 and 47 relating to health and safety representatives—HSRs—and entry permit holders—EPHs—being able to take photos and videos of people on worksites.”— 2024-08-22View Hansard
Expressed concerns about photo-taking powers for union officials in contested industrial environments without erasure requirements, viewing it as expanding powers for militant unions.
“The LNP would never be party to the expansion of nefarious powers such as being able to take photographs in contested industrial environments and not have to erase them.”— 2024-08-21View Hansard
As Minister, defended the bills in her reply speech, explaining that the photo and video provisions are being regulated in legislation for the first time with appropriate safeguards to help HSRs document unsafe conditions.
“As practitioners, we know that photos and videos are very useful tools to get things done. It has not been regulated. For the first time we are actually regulating it in legislation, with all of the safeguards around it.”— 2024-08-22View Hansard
Plain English Summary
Overview
This bill modernises Queensland's electrical safety and workplace safety laws. It updates electrical safety definitions to cover new technologies like e-scooters and battery storage systems, strengthens industrial manslaughter laws to protect the public, adds negligence to serious safety offences, and gives safety representatives new powers to photograph and test workplace hazards.
Who it affects
Affects businesses with electrical equipment or safety obligations, electrical workers and contractors, e-scooter and e-bike manufacturers and users, safety representatives, union officials, and training organisations delivering high-risk work licences.
Electrical safety for new technologies
The Electrical Safety Act is updated to cover emerging technologies like e-scooters, e-bikes, battery storage and solar generation systems. A new power allows the government to prescribe extra-low voltage equipment that poses electrical risks, making it subject to safety duties and recall powers.
- Electrical equipment definition expanded to include prescribed extra-low voltage equipment that poses electrical risks
- Electrical installation definition updated to capture battery storage and generation systems
- E-scooters, e-bikes and similar vehicles can now be subject to electrical safety requirements and recalls
- Clarifies that replacing like-for-like appliances is not electrical installation work
Industrial manslaughter strengthened
The industrial manslaughter offence is expanded to cover the death of any person owed a safety duty, not just workers. This means businesses can face charges if negligent conduct causes the death of a member of the public. Multiple parties in a contractual chain can now be prosecuted, and courts can return alternative verdicts.
- Industrial manslaughter now applies to deaths of members of the public, not just workers
- Multiple parties in a supply chain can be charged for the same death
- Courts can convict on alternative offences if industrial manslaughter cannot be proven beyond reasonable doubt
- Maximum penalty unchanged: 20 years imprisonment for individuals, $10 million fine for corporations
Category 1 offence reform
The most serious workplace safety offence (Category 1) now includes negligence as a fault element, in addition to recklessness. This makes it easier to prosecute serious safety breaches that expose workers to risk of death or serious injury.
- Negligence added as fault element for Category 1 offences under WHS Act and recreational water safety laws
- Category 1 offence can now result in alternative verdict of Category 2 if full offence not proven
Safety representative powers
Health and safety representatives and union entry permit holders gain new powers to take photographs, videos, measurements and conduct tests when investigating workplace hazards or suspected safety breaches.
- HSRs and entry permit holders can take photos and videos to record hazards (but not live stream)
- HSRs and entry permit holders can take measurements and conduct tests using equipment like noise meters
- Privacy safeguards limit what can be photographed and how images can be used
Training organisation oversight
Creates a framework for the work health and safety regulator to approve and set standards for Registered Training Organisations delivering training for high-risk work licences.
- Regulator can set minimum training standards for high-risk work licence training
- Framework to approve RTOs and enforce compliance with quality standards