Hipango HareteHEALTH AND SAFETY AT WORK (VOLUNTEER ASSOCIATIONS) AMENDMENT BILLFirst ReadingHARETE HIPANGO (National—Whanganui): I move That the Health and Safety at Work (Volunteer Associations) Amendment Bill be now read a first time. I nominate the Education and Workforce Committee to consider the bill.The Health and Safety at Work Act 2015 came into force on 4 April 2016 so it's coincidental that today 4 April 2018 I address this House and its members with a proposal to amend a provision of the Act as it affects volunteer associations to amend the section 17 definition of a PCBU—that's a person conducting a business or undertaking—so that that definition does not include a volunteer association and does not include an association for which any person or persons are employed or engaged to carry out paid work for the association for greater than 100 hours per week.It is also coincidental that inheriting this bill—it brought with it some measure of volunteered goodwill and fortuitous timings. I signed it off for a slot in the ballot biscuit tin on the afternoon of Wednesday 21 February 2018. On Thursday 22 February 2018 it was drawn at noon and this evening I stand with this quick-draw bill and much goodwill seeking the House and members to afford and volunteer their support to what I submit is a well-intentioned bill less the price of overregulation and unnecessary costly compliance.National is committed to not only improving but refining workplace health and safety and its laws. The Health and Safety at Work Act 2015 was approximately five years in the making as you well know long-serving members of this House. The catalyst for the overhaul of New Zealand's health and safety law was considered to be the Pike River mining disaster in November 2010 and the Christchurch earthquakes in September 2010 and February 2011. The major changes introduced by the bill are the classification of a PCBU—as I've referred persons that are conducting a business or undertaking; the primary duty holder. Also a positive duty of due diligence on those in senior management roles and a tiered more stringent penalty regime.Volunteer associations play an active and important part in Aotearoa New Zealand. They are diverse. Around a third of New Zealanders undertake voluntary work for an organisation placing New Zealand consistently in the top five countries for donating our time. The latest detailed information from a 2013 Statistics New Zealand data release on non-profit institutions (NPIs) shows that there are a total of 114110 NPIs; 11003 of those employ staff and of those 7505 organisations employ between one to five staff so the majority employ less than five staff. Approximately 1.3 million volunteers and 136750 salary and wage earners work for NPIs. However the reality of the volunteer sector is that there are diminishing numbers of volunteers capacity and input and increasing demands of administrative operational tasks regulatory compliance and responsibilities requiring a range of volunteer associations to have to employ a person or persons usually for targeted or specialised or specific tasks.So this simple pragmatic change proposed by way of this bill will make it easier and less onerous for those small volunteer organisations that employ staff for not greater than 100 hours per week—an equivalent of 2.5 full-time employees—by exclusion from the definition of PCBUs; an exemption from the ambit of the bill. Volunteering New Zealand's State of Volunteering 2016 report and its 2017 overview of the sector provides anecdotal information that volunteer associations believe that legislative requirements particularly health and safety are a deterrent to volunteering slowing down the recruitment process and costing precious time and resources. The time and cost of compliance and regulation is killing the volunteer sector in New Zealand. Red tape and paperwork doesn't save lives; it crushes the dreams and aspirations.As a result of the Act's regulatory focus there's been a shift in the role of managers of volunteers to more administration compliance-orientated and less person-orientated. There's an unwillingness of people to take on such voluntary roles which could have a negative impact on the volunteer section in communities. So many organisations are incurring considerable expense to get advice on and implement health and safety compliance standards whilst however accepting of course that all organisations voluntary or commercial have legal and moral duties and responsibilities of care and health and safety.The definition of a PCBU in the Act specifically excludes volunteer associations where none of the volunteers employs any person to carry out work for the association. So a central element of the definition refers to employs". Consequently a voluntary organisation that is entirely voluntary and does not have any employees is excluded from the Act. The Act also creates a primary duty of care for all PCBUs to ensure as far as is reasonably practicable the health and safety of their workers of other workers and of other people who are not put at risk by the PCBU's activities. The Act also imposes significant penalties on PCBUs that fail to meet these obligations—up to $300000 for an individual $600000 for an officer and $3 million for an organisation.Health and safety is an important responsibility for all organisations including those in the voluntary sector. However it's so important that concern for avoiding risk and responsibility does not stifle the activities of voluntary organisations. The amendment is simple reasonable and pragmatic such that any volunteer association which cannot afford to rely on volunteer services is afforded to employ to keep the volunteer service viable and may employ a person for no more than 100 hours per week. It is not deemed a PCBU and is exempt from the Act but—here's the catch—still has a legal duty of care and responsibility. Many fail to comprehend that volunteer associations which are not PCBUs—in other words do not pay or employ staff and do not fall within the limitations of the Act—are still bound by legal principles of duty care obligations and responsibilities in relation to health and safety under civil and tort law and are accountable by law just not under the Act. So there are still general legal principles that apply and create obligations for all voluntary organisations in relation to health and safety whether they are PCBUs or not.So in summary voluntary organisations that are not covered by the Act should still and do actively take steps to protect the health and safety of those affected by their activities although legal liability for the organisation and its officers is unlikely and limited by the ACC regime—yes; we do have ACC here in this country which is a scheme that generally prevents liability for personal injury but it does not prevent claims for property damage arising from negligence. So under the ACC regime it's not limited by that. Prudent steps to protect health and safety should still be taken and are to be taken in order to protect the organisation's volunteers and users of its services protect the organisation's reputation and funding limit the risk of negligence claims for property damage and limit the risk of negligence claims for personal injury arising from gross negligence.In conclusion this bill is about recognising and valuing the value recognition and importance of the volunteer sector in Aotearoa New Zealand heeding the concerns of voluntary organisations reliant on the goodwill of volunteer services and limited funds. This bill will—should members of this House permit and support it—permit and support our voluntary sector and volunteer associations in their ability not to be bound by the stringent and onerous conditions under the Health and Safety at Work Act. So I implore that you don't kill this bill and that you don't kill the goodwill and volunteer time of all of our volunteers in the sector. Kia ora."