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Journey Man
Work laws a threat to children: expert
Email Print Normal font Large font By Nick O'Malley Workplace Reporter
April 1, 2006

AdvertisementTHE Federal Government's takeover of state industrial systems has been drafted so broadly it overturns NSW regulations preventing known sex offenders from working with children, a workplace law expert says.

The legislation has been drafted to override state industrial laws governing companies, except a handful covering things such as occupational health and safety, equal opportunities, superannuation discrimination and workers compensation.

Steven Penning, a specialist in workplace law and a partner at the Labor-linked law firm Turner Freeman, said: "There is a system for recording offences. A register has been established and there are statutory declarations that employees have to complete if they are going to do any work associated with children.

"There are limitations on people who are convicted of some offences.

"This new [Commonwealth] legislation has overridden all of that but has not replaced it with anything. The effect of it will be that the protections can be challenged."

Mr Penning said this was an unintended consequence of the wholesale overriding of state law. "Much of the state laws were developed carefully over 10 or more years, often with investigations and inquiries and work by parliamentary committees.

"The Federal Government is coming in with these broad brush strokes; this is one area that they have just not thought about."

The Government could easily rewrite its laws to fix the problem, he said.

But a spokesman for the Minister for Workplace Relations, Kevin Andrews, said there was no need to.

He said the Government had legal advice that the legislation in question would not be affected by WorkChoices.

"The claim is completely without foundation," he said.

Such potential "side effects" of the ammendments to Australias industrial laws are expected to form a new front in the Opposition's attack on WorkChoices.

The state Minister for Industrial Relations, John Della Bosca, said he would write to Mr Andrews for clarification on the issue, and on earlier claims that the new federal laws would also override state laws protections for workers from covert surveillance at work.


UFO Hunter
Im not sure if this still applies, it did a matter of weeks ago but when a company becomes insolvent the government agency that bails the employees by providing the redundancy packages doesn't believe that people who work for a business of less than 15 people are entitled to a redundancy payout.


Journey Man
In the 1930s we had Pig Iron Bob. The naysayers were proved correct on that one when our iron dropped from the heavens onto Darwin and Townsville.

Now we have Yellowcake John ...........................


Kim Jong Dan
Staff member
Tipping Member
I wonder when the revolution will start?

Our civil rights are slowly fading. We should act whilst we can, before long we wont have the right to protest or to challenge.

When did everyone in this country forget that the government are a representive of the people not thier owners?

THey are there to represent us and we can over throw them and challenge them. I wish we weren't such a dumb and gullible nation as to swallow the BS lies about interest rates and the other crap howard spurted. He is a smart man but an evil one. Money rules his mind and life and he wants it to rule ours.

It is only a matter of time, and I can tell you who will be the first with their backs against the wall when the revolution comes.

We are losing our Australian way of life, and losing our identity, there needs to be radical changes and radical ideas, howard is essentially a fundementalist christian and although he isnt as bad as a terrorist in that he wont commit suicide bombings etc, he is dangerously in the same arena as them but on the christian side.

Unfortunately for those few of us with brains there are thousands without them who toe the howard party line because they foolishly think it is good for their hip pocket.

orwell predicted this in the forties and is going to happen, we are going to lose our civil rights and sooner or later we will be controlled rather than represented, at that point all the cash in your hip pocket will be worthless.
We have given these bastards too much time, power and reverence. It is time....it is time!


Kim Jong Dan
Staff member
Tipping Member
uh oh looks like I wam going to be charged under the sedition laws!

an example of why this government is wrong and evil.

I would rather be in the midst of a recession but living the 70's/80's Aussie life style than be rolling in cash and a strong economy and living in fear and stress.


Journey Man
You're a lone voice crying in the wilderness Dan.

People don't care as long as they're economically comfortable. Just wait till the little bubble bursts (and it will).

Then they'll be pissed off with YOU for saying "I told you so".


Kim Jong Dan
Staff member
Tipping Member
yeah I know.

People are way too short sighted!
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