Overview
The directorate, through Access Canberra, continues to set a new benchmark for integrated and seamless service. Staff work together and with the community to help businesses flourish, while still providing the appropriate level of community protection. Access Canberra provides a ‘one-stop shop’ for ACT Government customer and regulatory services through the service centres, the contact centre and online services and transactions.
The directorate provides over 700 different types of services to the ACT community through:
- registering births, deaths, marriages and changes of name;
- issuing driver licences;
- inspecting and registering cars;
- issuing certificates of occupancy for houses and undertaking electrical, plumbing and gas inspections for new and existing buildings;
- providing advice on consumer rights and faulty household products; and
- licensing trades people.
Every day, on average, Access Canberra makes 8,000 regulatory decisions and hundreds are related to enforcing the law through a formal exercise of powers. Through Access Canberra, the directorate protects the community by encouraging licence holders to comply through education and engagement activities. The directorate takes a strong enforcement response in those instances where the risk of harm to the community, workers and the environment are the greatest particularly in respect to building matters and workplace related issues and contributes to making Canberra a great city to live, work and do business in.
The 2019 Access Canberra customer satisfaction survey revealed that the satisfaction of ACT residents with Access Canberra was 97% for the service centre, 92% for the contact centre and 88% for digital services. Overall satisfaction continues on an upward trend from 2018. ACT residents are also satisfied with the ease of dealing with Access Canberra, where 94% of those surveyed stated that it was easy dealing with Access Canberra.
Highlights
In 2018-19 the directorate:
- provided efficient service delivery;
- made doing business in the ACT easier;
- grew the number of online services and facilitated availability of easily accessible online information;
- reduced regulatory burden on business;
- undertook inspection, investigation and enforcement activities aimed at securing compliance with the law; and
- supported a range of statutory office holders including the Commissioner for Fair Trading; the Construction Occupations Registrar, the Environment Protection Authority and the Work Safety Commissioner.
Efficient service delivery
As part of providing efficient service delivery, the directorate:
- welcomed more than 390,234 customers through its Service Centres, where over 559,000 transactions were completed. the average wait time at service centres was almost nine minutes and the average service time was just over eight minutes;
- managed 24,699 items of feedback left at the Q-Flow pedestals in the 2018-19 financial year, with customers scoring customer service at an average of 4.87 out of 5; ease of access at 4.85 out of 5 and the ability to complete a transaction during one visit at 4.88 out of 5;
- recorded more than 3.6 million visits to the Access Canberra website and answered close to 470,000 phone calls;
- handled almost 12,000 webchats through the Contact Centre;
- accepted 3.6 million web sessions through the Access Canberra website and 58,506 feedback submissions;
- managed over 10,500 regulatory and customer service complaints through the Complaints Management Team;
- issued 27,134 driver licences following online renewal, which included ability to accept relevant medical or eye test details online;
- received more than 12,200 online applications to dispute or seek withdrawal of parking and traffic camera infringements; and
- collaborated with the Transport Canberra and City Services Directorate on the continued development of the Fix My Street service with requests now routed more directly to relevant maintenance teams to ensure reporting is more intuitive for community members.
Making doing business in the ACT easier
To make doing business in the ACT easier, the directorate:
- launched the comprehensive and easy to understand Event Coordination Guide. The guide provides useful information such as choosing a venue, booking land, road closures and timeframes for approval;
- assisted event organisers in obtaining approvals for 217 events of varying scale and provided pathways solutions to 64 business enquires;
- launched the ‘Business Support Enquiry’ form offering customers a pathway solution through the provision of advice and guidance on common approval requirements; and
- streamlined processes to improve customer satisfaction at the Hume Motor Vehicle Inspection Station (MVIS) by providing two dedicated customer service officers to facilitate a range of vehicle transactions. The Hume MVIS completed approximately 30,000 transactions that would have otherwise required a customer to attend an Access Canberra Service Centre at another location.
Online services and accessible online information
To grow the number of online services and facilitate availability of easily accessible online information, the directorate:
- simplified forms, making them more accessible, with 385 services now offered online, and processed more than 5.7 million online transactions;
- introduced new online services, including:
- the ability for a customer to view evidence associated with their parking and traffic infringements online. Over 10,000 parking images and over 83,000 traffic camera offence images have been viewed online;
- an application process for accreditation of Rideshare Vehicle Licences;
- a form providing a single enquiry pathway into government when community members are considering establishing new businesses in the Territory;
- an infringement declaration process allowing a customer to describe circumstances where they were not responsible for an infringement and dispute or transfer liability to another known driver;
- a process for replacing a lost Driver Licence, Working with Vulnerable People card and Public Vehicle Driver Authority card; and
- accepting infringement payment in instalments, better supporting those customers who are unable to cover costs associated with an infringement in a single payment.
- implemented online birth registration which allows parents to register the birth of their child at a time and place which is convenient for them. Previously parents would have to attend a service centre to register the birth;
- redeveloped a range of online public registers to make them more accessible and user friendly to access and reference. These registers include plumbing ties, motor vehicle dealers and presentation of licence details for a range of licensed trades;
- continued to update a disciplinary register which contains information on licensed construction practitioners who have incurred suspensions, cancellations, occupational discipline and disciplinary actions in the last 10 years; and
- developed new website content and fact sheets to assist associations understand the changes to the Associations Incorporation Act 1991 and the Associations Incorporation Regulation 1991 as a result of the Red Tape Reduction Amendment Bill 2018.
Reducing regulatory burden on business
To reduce regulatory burden on business, the directorate;
- reduced timeframes for assessment for a range of regulated activities;
- continued implementation of the Traders (Licensing) Act 2016 to simplify the licensing regime for four traders’ categories: motor vehicle repairers, motor vehicle dealers, second-hand dealers and pawnbrokers;
- developing a new business system for the management and storage of ACT Land Titles called the ACT Land Information System (ACTLIS), scheduled to be released during the 2019-20 financial year. This system will include the implementation of cashless and cheque-less transactions, saving industry and government the burden of handling some 28,000 cheques annually. Other major features will be the implementation of Paperless Titles and a Title Watch service whereby industry and the public will be able to pay an annual subscription to receive alerts if there is activity on a given title reducing the need to visit the Land Titles Office;
- delivering a new national electronic lodgement and registration system called e-Conveyancing. This new system will allow industry to submit dealings and pay lodgement and service fees via a web-based platform. This new system is scheduled to go live in the 2019-20 financial year and for the first time will allow lodgements and registrations from registered conveyancers from other jurisdictions;
- undergoing significant regulatory reform which will deliver a comprehensive review of the Land Titles Act 1925 and other associated Acts, the adoption of the E-Conveyancing National Law (ECNL) by way of a new ACT e-Conveyancing Act. These initiatives will bring about a robust regulatory framework which will reform and improve industry governance and compliance;
- coordinated joint compliance inspection programs across industries and reduced impacts to businesses, including:
- a retail awareness program at local shopping centres promoting the functions of Access Canberra and to provide advice about obligations under the Australian Consumer Law, workers compensation legislation and work safety. Inspectors also actively promoted the directorate’s small business self-help website.
- a joint program to inspect liquor, wagering, security and health compliance at several high-risk events including Spilt Milk, Summernats, Groovin the Moo, Multicultural Festival, Royal Canberra Show and ACT Melbourne Cup activities. These activities were conducted in conjunction with ACT Policing;
- engaging with motor vehicle repairers operating from residential premises to provide educational advice about their obligations under the Trader (Licensing) Act 2016, Environment Protection Act 1997 and with building compliance; and
- visited Jervis Bay Territory and provided face to face education to local retailers, school and child care facilities in relation liquor, tobacco, security, working with vulnerable people, Australia Consumer Law, plastic bags, eggs labelling legislative responsibilities. These activities are performed to ensure that obligations under the ACT Government service delivery agreement are met;
- progressed work on the government’s commitment to growing outdoor dining on public unleased land and reducing outdoor dining fees. A total of 35 new permits were issued under the Public Unleased Land Act 2013 activating further public spaces in the ACT for 22 outdoor dining areas, 11 hawking activities and two vehicle verge permits; and
- continued to support businesses by approving 43 authorisations for extended trading hours for special events including Soccer World Cup finals, ANZAC Day and live music functions.
Undertook inspections, investigations and enforcement activities aimed at securing compliance with the law
In 2018-19, the directorate:
- undertook the following activities relating to Road Transport functions;
- the Hume Motor Vehicle Inspection Station (MVIS) conducted 12,049 inspections consisting of:
- 3,795 vehicle identification checks;
- 5,979 light vehicle inspections;
- 1,955 heavy vehicle inspections; and
- 320 motorbike inspections.
- the Vehicle Safety Standards (VSS) unit conducted 57,071 on-road light vehicle inspections across Canberra, including joint operations with the Australian Federal Police. VSS issued 1,159 defect notices to light vehicles. In separate roadside operations VSS intercepted 752 heavy vehicles. This resulted in 24 defect notices and 31 warnings being issued to drivers. VSS unit joint operations included:
- the “Summernats” car festival with over 500 vehicles being inspected. It resulted in 15 defect notices and 12 warnings being issued;
- “Purple Haze” which was conducted on the Jervis Bay Territory roads. It resulted in 154 vehicles being inspected and 12 defect notices being issued; and
- “The Kings Highway Road Safety Partnership” operation was conducted over three days in December 2018. It focused on the heavily used Kings Highway on both sides of the border and involved the VSS Unit, ACT Policing Traffic Unit and the NSW Police Highway patrol and resulted in 292 vehicles being inspected and four defect notices being issued.
- auditors of the Accredited Driving Instructor (ADI) scheme conducted 384 on-road audits with ACT Driving Instructors measuring compliance with the Road Transport (Driver Licensing) Driving Instruction Code of Practice; 207 were satisfactory, 108 received a recommendation for improvements and 69 were unsatisfactory and in breach of the code. Those identified as unsatisfactory were provided with ongoing engagement and education by the Auditors to assist them teach and assess students to the standard required by the code of practice;
- auditors of the Authorised Examiner Scheme (AES) conducted 152 random quality assurance audits on vehicles inspected by Authorised Examiner Repairers who complete inspections of vehicles for registration purposes in the ACT. Of the vehicles audited; 83 passed and 69 failed. Examiners of vehicles that failed the quality assurance audit were given a written warning. Seven were served a show cause notice, three had their authorisation cancelled for
12 months and two were suspended for six months; - AES Auditors also conducted 33 audits of Authorised Inspection Stations, of which five received a failed audit report for non-compliant equipment. As a result, the accreditation of these sites was suspended until all identified issues were rectified;
- the combined efforts of these joint operations, inspections and audits continue to provide a crucial road safety benefit to the Canberra community, by ensuring vehicles travelling on our roads are compliant with relevant safety requirements; and
- collaboration continued with the National Heavy Vehicle Regulator (NHVR). Two joint operations were conducted along main arterial roads, involving the NHVR, NSW and ACT policing and the New South Wales Roads and Maritime Services. The operations focused on oversize and over mass vehicles and managing driver fatigue;
- the Hume Motor Vehicle Inspection Station (MVIS) conducted 12,049 inspections consisting of:
- undertook a range of activities relating to the Working with Vulnerable People (WWVP) scheme including:
- performed background screening on 46,405 applicants in the issue of their WWVP registration;
- conducted 73 WWVP site inspections, resulting in 849 registration checks;
- conducted 61 desktop audits resulting in 1,921 WWVP registration checks;
- identified 42 instances of non-compliance with WWVP legislative framework, with the majority of issues relating to a failure to produce the registration card on request and not holding a valid registration. In these instances, investigators took the approach of engaging and educating individuals to have their WWVP cards with them when undertaking a registered activity or alternatively assisted them to become registered under the WWVP scheme;
- identified a business engaging several persons that did not hold a WWVP registration resulting in an infringement notice being issued to the business for employing people that did not hold current WWVP registration; and
- conducted 151 investigations into the alleged breaches of the Working with Vulnerable People (Background Checking) Act 2011 resulting in 11 suspended registrations.
- conducted targeted compliance activities focusing on a range of regulatory obligations including: toy safety, major events (liquor and security licensing compliance), motor vehicle repairer and dealer industries. These activities resulted in 24 formal warnings, two reminder of obligation notices, four show cause letters, two infringement notices and three occupational discipline process;
- conducted monthly examinations for all individuals applying for a Class C builder licence. This program has been extended to include examinations for new Class A and B applicants and selected renewals for Class A, B and C licences:
- Class A – Nine individuals sat the examination (six new/three renewals):
- five passed and were subsequently granted a licence;
- one failed and was subsequently refused a licence; and
- three individuals are pending further assessment;
- Class B – 11 individuals sat the examination (six new/five renewals):
- all 11 passed and were subsequently granted a licence;
- Class C – 70 individuals sat the examination (62 new/eight renewals):
- 49 passed and were subsequently granted a licence;
- 13 failed and were subsequently refused a licence; and
- eight individuals are pending further assessment.
- undertook a range of fair-trading compliance activities including:
- provided advice and support to the ACT community about their consumer rights under fair trading legislation;
- engaged with retailers to raise awareness of the hazards of toppling furniture and televisions, in line with the National Toppling Furniture Strategy;
- engaged with retailers to raise awareness about hazards of baby walkers and to promote consumer education and engagement by suppliers, in line with a National Integrated Product Safety Strategy for baby walkers;
- conducted product safety inspections to ensure that showbags supplied at the Royal Canberra Show complied with relevant safety standards;
- engaged with local retailers to increase awareness and ensure compliance with the product safety requirements of children toys and summer play equipment;
- engaged with and educated traders about their obligations under fair trading legislation with a view to reaching a satisfactory resolution for clients, particularly in relation to the Australian Consumer Law, regulated industries such as motor vehicle dealers and repairers, management of units plan and with residential building issues; and
- received 1,329 complaints in relation to Fair Trading and Australian Consumer Law. Over 96% of complaints were resolved, through the actions of the Complaints Management Team. Outcomes included:
- providing information and educating complainants in relation to their consumer rights;
- engaging with businesses to educate and advise them of their obligations under the Australian Consumer Law; and
- conciliation between parties resulting in refunds, repairs or replacements on behalf of consumers.
- undertook a range of fair-trading enforcement activities including:
- the Commissioner for Fair trading instituted proceedings in the ACT Supreme Court against a plumbing company, alleging that it made false and misleading representations, and engaged in misleading and deceptive conduct, in the advertising of plumbing services in the ACT. It is also alleged that the sole director and shareholder of the plumbing company was knowingly concerned in the alleged conduct. The matter is ongoing with orders sought including declarations, injunctions, pecuniary penalties, corrective advertising, and costs through the proceedings;
- referral of four licensed real estate agents to the ACT Civil and Administrative Tribunal (ACAT) for allegedly failing to undertake multiple trust account audits within the prescribed period in contravention of the Agents Act 2003. While two matters are ongoing, two matters were resolved by consent:
- one agent was ordered to pay a $2,500 penalty, complete additional training, and implement trust account auditing policies and procedures; and
- the other agent was ordered to pay a $2,000 penalty, complete additional training, and implement trust account auditing policies and procedures;
- the Commissioner for Fair Trading commenced occupational disciplinary action in ACAT against a company for allegedly failing to act in accordance with the Rules of Conduct in providing strata management services in contravention of the Agents Act 2003. ACAT made orders by consent including that company pay $8,000 in penalties and its director undertake additional training;
- the Commissioner for Fair Trading commenced occupational disciplinary action in ACAT against a company and its director, for allegedly failing to comply with ACAT orders in contravention of the Agents Act 2003;
- referral of one individual to the ACT Director of Public Prosecutions for allegedly providing real estate services while unregistered in contravention of the Agents Act 2003;
- issued a public warning notice about a Canberra-based solar panel business, for allegedly accepted payment but failing to supply goods in contravention of the Australian Consumer Law taken payment for the supply and installation of solar systems in the ACT, but have allegedly either not supplied the goods and services, or have supplied goods and services that are materially different from the goods and services for which payments was accepted; and
- issued nine formal warnings to real estate agents for allegedly contravening the
Agents Act 2003.
- undertook a range of construction inspections and investigations including:
- 9,371 inspections of new electrical work;
- 13,961 random inspections of alterations and additions to existing electrical installations;
- 13,593 inspections of plumbing installations;
- 3,002 inspections of gas installations; and
- 758 Energy and Construction audits for the Building Act 2004 and the Energy rating assessments.
- implemented the Powerline Vegetation Management Technical Code and Dam Safety Code, ensuring that vegetation is managed appropriately near powerlines and that dams are managed in accordance with national safety standards;
- undertook a range of inspections and actions under the Environment Protection Act 1997 including:
- 39 Environmental Authorisations issued, 115 reviewed and 60 varied;
- 42 Environmental Protection Agreements entered into bringing the number of Agreements administered by the Environment Protection Authority to 139;
- 88 erosion and sediment control plans were endorsed;
- 518 contaminated Land Search enquiries processed;
- 2,612 inspections of development sites and contaminated sites;
- seven enforcement actions were undertaken for breaches of the legislation; and
- conducted several targeted compliance activities including: food business around the major lakes in Spring; building and construction sites in December; and wood fire merchants and wood heater retailers in May.
- undertook a range of inspections and actions under the Water Resources Act 2007 including:
- administering 230 licences and 319 entitlements;
- inspecting 30 water licences and 43 water meters; and
- issuing two formal letters for breaches of licence conditions.
- undertook a range of inspections and actions under the Lakes Act 1976 including issuing works approvals, warning and closures due to pollution incidents and five powerboat licences.
Key statistics for services offered by the directorate
In 2018-19 the Environment, Land and Planning Shopfront at Dickson:
- lodged 1,234 Development Applications;
- issued 1,031 Compliance Certificates;
- processed 954 Exemption Declaration applications;
- provided 1,199 fingerprint services;
- issued 312 ACT Access Cards;
- processed 807 Land Access Activity Notices; and
- processed 991 Deposited Plan requests.
The Building Services Shopfront in Mitchell:
- processed 4,418 Building approvals;
- issued 4,052 Certificates of Occupancy and Use;
- processed 1,512 Building file requests;
- processed 5,497 Energy Efficiency Rating returns;
- prepared 5,092 Building Conveyancing reports;
- prepared 12,522 Lease Conveyancing reports;
- booked 21,776 plumbing inspections;
- booked 20,338 electrical inspections;
- registered 18,748 Plumbing plans and permits, backflow and minor works permits; and
- registered 18,492 Certificates of Electrical Safety.
The directorate, under the Liquor Act 2010 issued a total of:
- 798 commercial and non-commercial liquor permits consisting of;
- 470 commercial liquor permits; and
- 328 non-commercial liquor permits.
- 81 new liquor licences including;
- 17 OFF Licences;
- 51 ON Licences;
- eight GENERAL Licences;
- four CATERING Licenses; and
- one SPECIAL Licence.
The directorate also:
- finalised 34 liquor licence transfers;
- processed 2,464 quarterly instalment payments; and
- processed 31 liquor licence renewals/conversions to perpetual licences.
- In the reporting period, the directorate also issued 54 and renewed 340 tobacco licenses.
- CMTEDD undertook the following activities in 2018-19 relating to Births, Deaths and Marriages:
- registered 6,328 births, and issued 12,303 certificates;
- registered 918 change of names, and issued 502*change of name certificates;
- registered 1,489 marriages, and issued 2,579 marriage certificates;
- registered 117 same sex marriages, and issued 69 corresponding marriage certificates;
- registered 552 civil relationships, and issued 570 civil relationship certificates; and
- registered 2,322 deaths and issued 3,272 death certificates.
* Note: following the registration of a change of name, a person may receive an updated birth certificate showing the name as changed rather than a change of name certificate.
The directorate facilitated business and economic growth whilst minimising risks to the community by issuing a range of licences, registrations and appointments in accordance with relevant regulatory requirements, including:
- 1,070 new Security Employees, 1,242 renewals;
- 57 new Security Masters, 113 renewals;
- four new Security Trainers, eight renewals;
- 56 new Employment Agents, 43 renewals;
- 147 new Real Estate Agents, 209 renewals;
- 16 new Real Estate Business, 50 renewals;
- 10 new Estate Stock & Station, 37 renewals;
- 260 new Salesperson Registrations, 569 renewals;
- three new Salesperson Business, 12 renewals;
- one new Salesperson Stock & Station, 11 renewals;
- seven Motor Vehicle Dealers, 30 renewals;
- 40 Motor Vehicle Repairers, 106 Renewals;
- one new Motor Vehicle Wholesale Dealers, one renewal;
- one Pawnbroker renewal;
- 102 new Association registrations;
- 18 Justice of the Peace;
- four Charitable Collections;
- four Cooperatives; and
- Brothels as notified: three new, 15 maintained on the register.
CMTEDD managed matters relating to Building and Planning laws, including:
- 455 complaints were received relating to Planning laws;
- 226 complaints were received relating to Building laws;
- 501 cases were closed regarding concerns relating to Building and Planning laws. Cases closed may include complaints received in previous years.
The directorate also issued:
- 6,325 licences for Construction Occupations;
- 2,322 General Construction Induction Cards;
- 2,136 High Risk Work Licences;
- 447 Architects Registrations; and
- nine Work Health and Safety licences and permits.
The directorate undertook the following activities relating to road transport:
- managed 17,150 infringement payment plans (establishing 11,000 new plans in 2018-19), which included 1,470 motorists who held a Centrelink concession;
- managed and monitored 29,390 motorists who require regular medical assessments to retain their driver licence. This includes public vehicle drivers, motorists aged 75 and over, drivers requiring spectacles, and motorists with specific medical conditions such as heart disease, diabetes, epilepsy, muscular skeletal conditions and certain cognitive disorders;
- cancelled 925 driver licences of motorists who were no longer medically fit to hold a licence or capable of driving safely;
- licensed 1,847 rideshare vehicles, 342 Taxis, 31 Wheelchair Accessible Taxis, 55 hire cars; and
- accredited 59 bus operators providing regular route, tour and charter services in the ACT.
- The Land Titles Office received a total of 59,823 lodgements and registered 60,683 documents under the Land Titles Act 1925.
Supported the ACT Work Safety Commissioner
WorkSafe ACT conducted 4,510 workplace inspections across numerous industries and government agencies resulting in:
- 444 Improvement Notices issued under the Work Health and Safety Act 2011;
- 264 Prohibition Notices issued under the Work Health and Safety Act 2011;
- 50 Infringement Notices issued under the Work Health and Safety Act 2011;
- no Improvement Notices issued under the Dangerous Substances Act 2004; and
- no Prohibition Notices were issued under the Dangerous Substances Act 2004.
Of the 4,510 workplace inspections conducted, 74% were deemed compliant at time of inspection.
Proactive workplace inspections were undertaken across a variety of industries and major events. Inspections included:
- 196 workplace inspections at events such as Summernats, The Canberra Show, National Multicultural Festival, National Folk Festival and Floriade;
- 261 workplace inspections as part of the Apprentice and Young Workers Campaign;
- 10 workplace inspections as part of the crystalline silica program; and
- 244 inspections included Workers Compensation visits.
During the reporting period there was only one notice issued under the Work Health and Safety Act 2011. This was an Improvement Notice issued following the incident at Skyfire 2019 where the operator had a simultaneous ignition of numerous fireworks causing some fireworks firing into the crowd. The operator was fully compliant with legislation however, the improvement notice was for reduction in the size of fireworks and to update procedures to reduce the chance of simultaneous ignition.
WorkSafe ACT, under a service level agreement with the Asbestos Response Taskforce, continued to regulate the safe demolition activities in relation to the government’s Loose-Fill Asbestos Insulation Eradication Scheme. The program has included assisting and advising Asbestos Response Taskforce, Infrastructure Finance and Capital Works to provide ongoing regulatory information, guidance and advice to assist in the ongoing delivery of the Scheme.
WorkSafe ACT conducted 252 workplace inspections with no significant safety concerns identified across the program for 2018-19.
The WorkSafe ACT - Major Investigations Team during 2018-19 successfully prosecuted two matters before the ACT Industrial Magistrates Court. The matters were:
- one business prosecuted under the Work Health and Safety Regulations 2011 in relation to carrying out high risk work without a license, fall from heights, electrical safety, signage and housekeeping. The business was charged with six counts of breaching the Work Health and Safety Regulations 2011. This resulted in the company being ordered to pay fines of:
- High Risk Work unlicensed, convicted and fined $5,000;
- Electrical, offence proved no conviction recorded;
- Signage, offence proved no conviction recorded;
- House-keeping, proved no conviction recorded;
- Manage falling objects, convicted and fined $7,500; and
- Manage risk of falls, convicted and fined $12,500.
- one business prosecuted in relation to an apprentice butcher who had his hand caught in a meat tenderiser after the safety guard had been removed. The business was charged with one count of breaching Section 32 of the Work Health and Safety Act 2011. Convicted and fined $7,000.
WorkSafe ACT successfully negotiated and implemented five enforceable undertakings in lieu of referral to the Director of Public Prosecutions for prosecution in the ACT Industrial Magistrates Court. The undertakings are as follows:
- A young worker fell from 6 metres onto a concrete floor. WorkSafe ACT alleged that two companies failed to discharge their duties under Section 32 of the Work Health and Safety Act 2011 by failing to ensure that voids were adequately covered. The two companies both made financial commitments to improve worker safety to the amount of $132,000 each.
- A company did not comply with directions issued to them via prohibition notice under Section 197 of the Work Health and Safety Act 2011. Workers accessed scaffold to conduct works in contravention of the prohibition notice. The company made a financial commitment to improve worker safety to the amount of $300,000.
- A company entered an enforceable undertaking after WorkSafe ACT alleged that the company did not comply with Section 33 of the Work Health and Safety Act 2011 in that asbestos removal works at a residential property was not undertaken in accordance with the company’s Asbestos Removal Control Plan. The company made a financial commitment to improve worker safety to the amount of $95,000.
- The ACT Education Directorate entered into an enforceable undertaking after WorkSafe ACT alleged that it had a health and safety duty under section 19 of Work Health and Safety Act 2011 to do all that was reasonably practicable to ensure the health and safety of its staff and it failed to comply with that duty, therefore exposing its staff to a risk of injury and actual injuries. The Education Directorate made a financial commitment to improve worker safety to the amount of $2.375 million. This is in addition to improvements and initiatives implemented by the Education Directorate to address occupational violence awareness, prevention and management and this was reflected in the undertaking. This represents a combined commitment to improving worker safety of $10.045 million.
WorkSafe ACT is actively engaged with SafeWork NSW in partnership conducting the ongoing NSW/ACT Cross Border Construction Project 2016-2019. This aims to increase coordination and cooperation between jurisdictions at a number of levels to create a cultural change in the construction industry, with joint inspections taking place four times a year. These joint inspections were undertaken in the Australian Capital Territory, New South Wales areas such as Queanbeyan, Googong, Goulburn and Southern Highlands. One of these inspections lead to the successful prosecution of a company under the Work Health and Safety Regulations 2011, as outlined above for the Major Investigations Team.
WorkSafe ACT continued to engage with industries undertaking several proactive engagements and seminars, including:
- a breakfast was held at Ainslie Football Club during National Safe Work Month. Partnered with the Cancer Council Australia and SafeWork NSW, this workshop was held to raise awareness on occupational cancer with 200 in attendance;
- co-hosted a breakfast with the Canberra Institute of Technology for the construction industry to showcase a suite of basic safety courses for “Duty of Care” for on-site elevated work platforms, scaffolding, explosive power tools, working safely at heights and working safely on roofs;
- hosted a breakfast in March 2019 for 200 construction workers, senior managers and executives. The topics covered by the presenters included WorkSafe 2019 priorities, Young Workers Program audit findings and Secure Local Jobs Code and high-risk construction activities;
- changes to the Work Health and Safety Act 2011 came into effect on 1 January 2019 to improve the safety in the construction industry by enhancing consultation and collaboration. Two information sessions were held in February 2019 to provide an overview to industry of the changes with 115 in attendance;
- launched a series of “Remove the confusion around Safe Work Methods Statements” seminars. The first seminar was booked out within 24 hours. Due to the popularity of the seminars 12 sessions have been held including two in NSW. Over 1,000 people have registered to attend the session including people from NSW, VIC and QLD. The sessions will continue to be held throughout 2019-2020, and
- produced a periodic industry newsletter and other communiques to over 15,000 individual subscribers covering information on legislative changes, safety alerts, guidance material and training opportunities.
WorkSafe ACT launched the Apprentice and Young Workers Safety Campaign in March 2018 and the initiative continued into the 2018-19 year. This campaign involved:
- a fully funded inspector position which was secured under a service level agreement with Skills Canberra;
- WorkSafe ACT and Skills Canberra collaboratively provided information and advice to both industry and directly to employers on their responsibilities for work health and safety requirements specifically for apprentice and young workers;
- the campaign targeted priority industries to focus on supervision such as the construction industry (including Electrical & Plumbing); hospitality industry (Food and Accommodation); hair and beauty; health and community services; and automotive industry;
- established an Apprentice and Young Workers web page to provide an online platform for apprentices, young workers, their parents or their employers to provide one area as a source of information and advice. It provides information and guidance on supervision, wages, work health and safety and other related information;
- the Apprentices and Young Workers Safety Audit Program has executed over 1,000 individual apprentice face to face interviews and more than 200 workplaces inspected, with employers provided education and advice during these visits; and
- in addition to workplace visits and audits, the industry engagement program runs in parallel with information sessions, seminars and presentations throughout the past financial year including Registered Training Organisations and Government Training Organisations.
The Workers Compensation Team continued to enforce compliance with industry under the Workers Compensation Act 1951, this included:
- completing five premium recoveries;
- issuing five Default Notices for ‘Failing to maintain’ a workers compensation insurance policy;
- inspecting and completing workplace visits totalling 244 for the year. The breakdown of the industries numbers inspected is as follows:
- Accommodation – 30;
- Accommodation and Food Services – five;
- Education and Training – seven;
- Health Care and Social Assistance – 10;
- Hiring and Real Estate Services – five;
- Other Services – 16;
- Professional – one;
- Retail Trade – 102;
- Transport – one; and
- Other undefined industry – 67;
- hosting a labour hire arrangements seminar to provide clarification and guidance on compulsory workers compensation insurance requirements for labour hire companies operating in the ACT. The target audience for the seminar were labour hire companies, insurers and legal practitioners with 105 participants;
- approving five Rehabilitation Providers to undertake services within the ACT and two approvals for companies to continue as self-insurers; and
- conducting a Premium Compliance Program conducting wage audits on 14 Labour Hire Companies/Payroll companies also a chain of eight Hairdresser/Barbers.
The directorate supported the ACT Work Safety Commissioner as part of the Healthier Work Program by:
- conducting 158 Healthier Work workplace visits and assisting 37 workplaces to create a
12 month health and wellbeing plan to become ‘Healthier Work Recognised’ (first year of recognition); - evaluating the plans of 22 workplaces which have now become ‘Healthier Work Recognised Silver Status’ (second year of recognition);
- evaluating the plans of 21 ‘Healthier Work Recognised Silver Status’ workplaces which have now become ‘Healthier Work Recognised Gold Status’ (third year of recognition);
- evaluating the plans of 10 ‘Healthier Work Recognised Gold Status’ workplaces which have now become ‘Healthier Work Recognised Gold Status’ (fourth year of recognition);
- assisting 5,453 Canberrans make the healthy choice the easier choice within the workplace setting;
- partnering with the Canberra Business Chamber to deliver two training sessions on creating healthier work environments to 36 attendees and delivered eight mentoring sessions to 152 Healthier Work champions in workplaces;
- holding two Healthier Work breakfasts attended by 250 participants to recognise workplaces who have completed their first, second or third year of the program, including a breakfast focused on mentally healthy workplaces; and
- holding a Healthier Work Day Forum with 141 attendees.
Accountability Indicators
The directorate met four and exceeded three out of ten accountability indicators against this output and did not meet the other three targets. There were no accountability indicators not met by more than 5%. The targets exceeded by more than 5% were:
- Compliance activities: engage, educate, enforce – effectiveness in initial and on-going engagement has led to less requirement for education and/or enforcement activities; and
- Average level of helpfulness after issuing a notice or before issuing a licence/authorisation – a greater proportion of businesses rated inspectors at the highest level than was forecast.
Future Direction
In 2019-20 the directorate will:
- expand the digital service offering;
- evaluate, and where necessary adapt our service delivery model, harnessing changes in technology to better deliver services to the community;
- apply a risk based approach to regulation and compliance to ensure attention is focused on the areas of greatest harm to the community;
- use various sources of intelligence and data to better inform our compliance and engagement activities with the community and regulated industries;
- engage with and educate industries to ensure they understand their obligations under new policy reforms such as Combat Sports and Fuel Price Boards;
- identify further opportunities for coordinated compliance activities across a range of regulatory responsibilities;
- help grow and diversify the economy by reducing red tape and working with industry, particularly the hospitality and gaming industries, and the events sector;
- develop and release the new ACT Land Information System and e-Conveyancing system;
- provide support to the ACT Gambling and Racing Commission including amendments to the Community Contribution scheme and Code of Practice;
- continue to provide support to the Technical Regulator and regulated utilities, and report on this activity through the published annual compliance report; and
- implement the recommendations of the independent review of the ACT’s work safety compliance infrastructure, policies and procedures, including supporting the transition of WorkSafe ACT to become an independent entity.
Further information can be obtained from
David Snowden
A/g Deputy Director-General
Access Canberra
+61 2 6205 5169
David.Snowden@act.gov.au