23 October 2009

You may already be aware of amendments to the Workplace Health and Safety Act 1995 that came into effect on 1 January 2009 which enable government departments to be prosecuted for breaches of this legislation for the first time. This amendment has been referred to as "removing the shield of the Crown".

This revised Act appears to place onerous responsibilities on principals, who are the "persons in control of the workplace", and may result in principals being prosecuted for breaches of the Act. An investigation is currently underway, and early indications are that Crown law may not provide indemnity if a principal is prosecuted as an individual under the Act.

The QTU is pursuing the matter and seeking clarification from the Department and. if necessary, will launch a campaign to fight for protection for principals.

The QTU believes that there is no need to undertake risk assessments for every activity, as this becomes a burden on teachers and particularly on principals, and that the usual risk management processes should continue to be followed in schools.

Principals are encouraged to inform the QTU of any incident that requires investigation by WH&SQ. We will provide legal assistance, provided you are a financial member of the QTU at the time of the incident and at the time of the request for assistance.

Principals should come to the rally on Tuesday 27 October, outside Parliament House at 4pm, to voice their protest against poor pay rates and the threat of individual prosecution for breaches of the WH&S Act

John Battams                                  Paige Bousen
QTU General Secretary                  QTU A/Assistant Secretary  

Authorised by John Battams, General Secretary, Queensland Teachers' Union,
21 Graham St,  Milton,Q.4064