Dr WOODRUFF – Thank you. Attorney‑General, this question relates to a coronial inquest finding in 2017 in relation to seven Tasmanians who died from quad bike accidents and the coroner made eight recommendations. Since that time, there have been five additional coronial investigations for five other Tasmanians who have died from quad bike accidents, and the most recent of those reiterates the recommendations made in 2017.
Mr BARNETT – Can I give you a heads‑up? It’s WorkSafe.
Dr WOODRUFF – No, it’s not, actually. I’ve checked because we’ve been here before. In fact, we were here last Estimates and WorkSafe said, ‘No, we can’t deal with that’. I’ve looked at where this falls. It’s definitely a question for you, Attorney‑General, and I really don’t want your government to keep dodging this question. The Greens have been asking about this for years.
The coronial investigation in the five additional coronial inquests, two of them have recommended the Law Reform Institute and the Attorney‑General consider introducing legislation requiring mandatory training and licensing of all persons using quad bikes within your bailiwick, and that the Law Reform Institute and the Attorney‑General consider legislation to prohibit the carrying of passengers on Type 1 quad bikes and no more than one passenger on Type 2 quad bikes.
Will you be investigating and progressing those reforms?
Mr BARNETT – Thank you very much for the question. I’ll certainly do my level best to answer it to the extent that we can in the Department of Justice, noting that, in terms of WorkSafe, that is a matter for the minister responsible, minister Ferguson. I’m aware of the coroner’s report that you make reference to. I know the acting secretary has some information on that that she can provide the committee.
Ms BOURNE – Thanks, Attorney-General. The government remains committed, as does WorkSafe, to assessing the coronial recommendations that you’ve outlined and implementing changes where reasonably practicable.
Coroner Cooper’s findings on 21 June this year, which have been referred to, looked at improving legislation and that’s certainly something that – and, without speaking for the Work Health Safety Regulator and executive director of WorkSafe, is something that we are looking at.
I note that there have been a range of initiatives that WorkSafe have progressed, including additional training and resources, and a public awareness campaign. There have been some amendments made to the relevant regulatory framework and there is the Quad Bike Safety and Rebate Scheme and the Primary Producer’s Safety Rebate Scheme to assist primarily business operators to purchase safety devices, including rollover bars and the like.
There were some changes introduced in the Work Health and Safety Regulations in 2021 to require a person conducting a business that has management or control of a quad bike to ensure a few things, including that a helmet is available for use, that any person using the quad bike has had appropriate training, and passengers are not carried unless appropriate.
So, a very short summary but noting the work, particularly under the carriage of WorkSafe, that is being pursued in this space, noting the number of coronal findings in relation to this really important matter.
Dr WOODRUFF – Thank you. Through you, to the acting secretary, none of those things that you’ve mentioned answers my question. The question was about the fact that 13 Tasmanians have died now and there’s been seven years since the initial recommendations that changes to the law are needed to prohibit people from as I mentioned before.
What you’ve mentioned is very good stuff. They’re all individualised. They’re not changes to the law that are required, repeated again by Coroner Cooper from the 2017, seven years prior, recommendations. Will you be progressing those particular law reforms and working with the Law Reform Institute on them?
Mr BARNETT – Thank you very much for the question. I draw to your attention that the Workplace Health and Safety Act is a responsibility of minister Ferguson, the Minister for Small Business and Consumer Affairs and CBOS, Consumer Building and Occupational Services. As Attorney‑General and Minister for Justice, we have an interest in this matter as outlined by the acting secretary, but we’re not the responsible minister in this regard.
Dr WOODRUFF – Will you speak to the responsible minister about doing this?
Mr BARNETT – I am more than happy to follow up.
Dr WOODRUFF – You can make a recommendation to the TLRI, though, as Attorney‑General, which is what the coroner proposed you do.
Mr BARNETT – I’m more than happy to give an undertaking to follow up on the questions that you’ve raised and raise those with the relevant minister. As a former minister for primary industries and water, in terms of rolling out the safe farming program, I want to indicate it is incredibly sad and tragic when there is a death to those concerned and their families. I certainly offer my condolences, and the grief and suffering is severe. It is taken seriously by our government. I will follow up on this matter and check with the relevant minister, Mr Ferguson.
I should say that with respect to the traffic and vehicles legislation, there is a role for the minister for Police as well. I’d be interested in the minister’s view on that as well. I indicate that if you had the opportunity to ask Mr Ferguson, that would be useful.
Dr WOODRUFF – I’ve asked. The Greens have been fobbed off so many times on this and you’re the Attorney‑General. Let us remind you that the status quo means that year on year, more Tasmanians are dying. These are avoidable deaths, and your government’s choosing not to act. Will you make a referral to the TLRI on this matter as Attorney‑General? Over all those departments, as you’ve just indicated, there are at least three ministers, but you can do that. Will you do that?
Mr BARNETT – The responsible minister for the work health and safety legislation is minister Ferguson.
Dr WOODRUFF – Last year that minister said they were not responsible. We were told in Estimates last year that it’s your responsibility. That’s why we’re here today.
CHAIR – Order, Dr Woodruff.
Mr BARNETT – I can take on board your questions. I give a commitment to follow up, and I am more than happy to report back in due course on progress. I am not the responsible minister for the Work Health and Safety Act, but I’m more than happy to follow up with the relevant minister and any other relevant ministers and provide a report back.
To your question regarding the TLRI, I’m more than happy to follow up on that as well to see what options are available. I take this very seriously as a former minister responsible for safe farming, ensuring that the tragedy of deaths from quad bikes is reduced to the absolute minimum.
