The work health and safety regulator told a parliamentary committee on Wednesday that inquiries were being thwarted by businesses closing down mid-investigation because the organisation did not have the authority to look into matters outside of workplaces.The gap in SafeWork’s jurisdiction came to light when it was revealed during the hearing that SafeWork SA’s investigation into an alleged assault at city bubble tea shop Fun Tea had come to a halt because the owners had shut down their three stores.SafeWork SA executive director Martyn Campbell told the committee if a business did not exist under the Corporations Act, “then there is no way for us or me as the regulator to lay charges against (them)”.“Because the (Fun Tea) businesses shut up shop … and vacated the premises, we’ve not been able to exercise our powers with the business owners to actually get further information,” he said.Mr Campbell explained that SafeWork SA’s powers were limited to the workplace.“So if a business owner, in this situation the owner of Fun Tea, retreats to their home address then it would be difficult for us to exercise any statutory powers,” he said. “We do have statutory powers to seize documents, to seize exhibits (and) we can compel owners of businesses to be interviewed and speak to us … but nonetheless, if it’s not in the workplace then our powers are limited under the Work Health and Safety Act.”Mr Campbell said it was “not uncommon for us to come across investigations where it’s to the point a business falls and closes”.He said he would welcome an expansion of SafeWork SA’s powers to close the gap.“It would be fantastic for me as a regulator to be able to exercise the powers we have outside of those workplaces,” Mr Campbell said.In February, footage emerged on social media of a brawl that broke out in Fun Tea, on Gouger St, allegedly showing a woman, in her early 20s, being punched and kicked.The attack was allegedly sparked by an argument about wage theft. The business has denied the allegation.Shocking footage has emerged of a brawl breaking out at an Adelaide CBD bubble tea store.Police charged a 39-year-old Glen Osmond man with assault over the incident and he will appear in the Adelaide Magistrates Court in May.Mr Campbell said his investigators had attempted to get in touch with the Fun Tea owners but “not been able to make any contact whatsoever”.He said SafeWork SA had also been advised that the victims did not wish to speak to the organisation.Mr Campbell said while assaults in the workplace fell under SafeWork SA’s jurisdiction, it had the power to refer such matters to SA Police.MORE TO COME.



Source link