WorkSafe ACT and the Legislative Assembly should develop a memorandum of understanding outlining what powers the workplace safety watchdog has over the territory's parliament, a committee has recommended.
The agreement should set out comprehensive protocols for the watchdog when it is engaged with members, staff or the precinct of the Assembly.
The standing committee on public accounts said an agreement could prevent another "unfortunate" breach of parliamentary privilege, which occurred last year when inspectors issued a prohibition notice to the Assembly.
The notice ultimately resulted in the one-week delay of budget estimate hearings and was prompted following a stand-off about COVID safety concerns.
A constitutional stand-off began when Speaker Joy Burch said the prohibition notice represented a "grave threat to the privileges of the Assembly" because it hampered its functions as a parliament.
Legal advice, given to Ms Burch, concluded the stop-work notice was not legally valid as the Legislative Assembly was not considered a "workplace" under the Work Health and Safety Act.
Following this, Chief Minister Andrew Barr moved amendments to the act, which clarified the Assembly is a workplace. The standing committee into public accounts was inquiring into Mr Barr's amendments.
Along with the memorandum of understanding, the committee recommended the bill was further amended to ensure "absolutely clarity" the Assembly was a workplace.
But the committee also recommended the bill clarify the privileges of the Assembly, including in the bill that nothing gave WorkSafe the power to "interrupt a proceeding of the Legislative Assembly or any of its committees".
Inspectors attended the Assembly on August 12 after Workplace Safety Minister Mick Gentleman's office contacted work health and safety commissioner Jacqueline Agius over the format of estimates hearings.
This came following a disagreement between Mr Gentleman and the select estimates committee about whether hearings should be conducted remotely, face-to-face or hybrid model with a combination of both.
WorkSafe inspectors said they were unable to find a COVID risk assessment for the hearings. The Office of the Legislative Assembly had a COVID-safe plan in place across the precinct.
A prohibition notice was first issued to the territory's parliament on August 12. This notice was rescinded on August 15 but a new notice was reissued to make it clear the notice only applied to budget estimates and not the entire Assembly.
A separate inquiry into the issuing of these notices found the first notice was a breach of parliamentary privilege. However, the select committee on privileges only found a breach of privilege occurred on the first occasion.
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