ACT Speaker Joy Burch still seeking advice over WorkSafe ban

Joy Burch said, in budget estimates, she was continuing to receive legal advice about the matter and would not foreshadow any possible court action.

Committee hearings at the Legislative Assembly had to be stopped last month after WorkSafe ACT inspectors said they were unable to find evidence of a risk assessment plan in relation to the spread of COVID-19 in hearings.

This was despite the fact the Assembly has a COVID safety plan in place for more than two years and still has restrictions on the number of people allowed in rooms.

The notice came as budget estimates hearings at the Assembly were about to begin and its issuing delayed the start of hearings for one week.

Ms Burch, on August 15, described the issuing of the notice last month as a "grave threat to the privileges of the Assembly". In a letter to ACT work health and safety commissioner Jacqueline Agius, the Speaker said the action had cut across the separation of powers.

Ms Burch said if the notice was not removed by 10.15am that morning she would consider taking action in the Supreme Court.

The prohibition notice was not removed and stayed in effect until August 19 when the notice had been complied with.

The separation of legislative, executive and judicial powers in the ACT government, along with parliamentary privilege, meant the safety inspector - a function of the executive - should be unable to prevent the Legislative Assembly from operating.

MORE A.C.T. POLITICS NEWS:

Ms Burch has been at the Commonwealth Parliamentary Conference in Nova Scotia, Canada over the past two weeks, saying that was the reason advice was still being pursued.

"It's right and proper that I'm in the country and back in the country to pursue those," she said.

The stand-off began after the select committee on estimates required every official to attend the hearings in-person.

Workplace Safety Minister Mick Gentleman had raised concerns over this and had requested the committee consider allowing some officials to attend remotely.

Mr Gentleman said the government sought advice from WorkSafe but did not make a complaint to the safety watchdog or ask them to investigate. Ms Agius later said WorkSafe had attended the Assembly following "telephone communications". She said the notice had not prevented the hearings from going ahead remotely.

Following the removal of the notice, Ms Agius defended the decision to place the prohibition notice saying it was imperative that all businesses and workplaces in the territory assess risks of COVID-19.

A select committee is examining the issuing of the notice with the actions of Ms Agius and Mr Gentleman. The committee has alleged the two of "unprecedented interference in committee business".

Budget estimates hearings will finish on Friday afternoon. Hearings have been held in the Legislative Assembly chamber.

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.