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Tasmanian Industrial Commission

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T3033

 

TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.29 application for the hearing of an industrial dispute

The Tasmanian Public Service Association
(T.3033 of 1991)

and

Minister Administering the State Service Act 1984

 

PRESIDENT F D WESTWOOD

19 April 1991

Health and Safety Measures

REASONS FOR DECISION

At the outset of these proceedings the Tasmanian Public Service Association requested that I issue an order to close courts until it was convinced that the working environment was not unsafe and unhealthy. It was submitted that the conditions in the courts, without police presence, were unsafe. Discussions with the employer had proved unsatisfactory.

For the Minister it was asserted that the Commission did not have the power to close courts. The Minister claimed that the problem had been created by the action of the Police Association of Tasmania.

After a period of private conference I indicated that I believed the Commission did not have any power to issue instructions to close courts and I announced on transcript that I intended to recommend to the Police Association of Tasmania that it reconsider the particular ban in the list of 30-odd which had resulted in the alleged lack of security in courts and the danger to staff and public. The particular ban being worded in the following manner "no police in courts except prosecutors and witnesses". I expressed the hope that the Police Association of Tasmania would see fit to earnestly reconsider whether that particular ban should continue to be imposed and I now so recommend.

I also asked that the Minister provide for the Commission a record of how it is believed that these particular problems can be addressed to overcome the alleged lack of security and protection.

A report back hearing will be held at 9.15 am on Monday 22 April 1991 for the purpose of hearing from all parties involved and to that end it would be appropriate if the Police Association of Tasmania made a formal appearance.

 

F D Westwood
PRESIDENT

Appearances:
K Grey with P Mazengarb and S Davies for the Tasmanian Public Service Association.
C Willingham with B Beer for the Minister Administering the State Service Act 1984.

Date and place of hearing:
1991.
Hobart:
April 19.