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The Canberra Times
The Canberra Times
Lucy Bladen

Why three MLAs were banned from meeting at the Assembly

ACT Legislative Assembly speaker Joy Burch (left) was critical of WorkSafe's prohibition notice on committee hearings and meetings. Workplace Safety Minister Mick Gentleman raised concerns about face-to-face meetings. Pictures: Dion Georgopoulos, Sitthixay Ditthavong

The ACT Legislative Assembly sat on Monday morning with all 25 members gathering in the chamber, but prior to the sitting three members were banned from meeting in the building.

The three members of the Assembly's select committee on estimates - James Milligan, Andrew Braddock and Marisa Paterson - had to go offsite for a meeting.

It is quite absurd that three members weren't allowed in a committee room together but could easily come together in another room, with more people, in the same building.

WorkSafe ACT issued the prohibition notice on committee hearings and meetings after inspectors found the Assembly had failed to identify risks associated with the transmission of COVID-19 in face-to-face meetings.

In making this decision, questions have been raised about the separation of powers in the territory's parliament.

Important parliamentary business should only be halted in the most extraordinary of circumstances and a government agency should not have the power to stop this scrutiny.

But neither should the Assembly be exempt from work, health and safety requirements.

Speaker Joy Burch said the intervention by the workplace safety watchdog represented a "grave threat to the privileges of the Assembly". She said the notice had cut across the separation of powers and argued the Work Health and Safety Commissioner's function did not take precedence over the ability of the Assembly to undertake its business.

But it was her colleague, Workplace Safety Minister Mick Gentleman who raised concerns over the mandated face-to-face hearings and it was the government who sought advice from WorkSafe.

There were concerns that senior public servants would be forced into a situation where they were in close proximity in a small committee room for several hours.

Many businesses have returned to normal ways of working, with additional precautions like mask wearing in close confines there is no reason committee hearings can't do the same.

However, this all could have been avoided if officials were given the option to attend remotely like they have been throughout the pandemic.

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