More than a year since WorkSafe Tasmania raised safety concerns within the state's magistrates courts, the Justice Department has again been asked to make changes to the way it operates the facilities.
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Following an investigation in 2019, a WorkSafe Regulator's improvement notice was issued in February 2020, citing a number of workplace risks at 10 courts.
Those risks included physical injury, assault, and exposure to dangerous objects. Then Work Health and Safety Regulator Mark Cocker required the Justice Department to comply with the notice by the end of the year, or face a fine of up to $250,000.
The notice was issued to Ginna Webster, the secretary of the Department of Justice, who is also the chair of the WorkCover Tasmania Board, which monitors the regulator.
But after Mr Cocker resigned as the regulator, the Justice Department claimed the paperwork was not up to standard, with more than one notice required, and as a result the new regulator withdrew the notice.
In a report prepared by Mr Cocker after he resigned, the former regulator called out a lack of transparency around the decision to cancel the notice and argued safety was his priority when issuing the initial paperwork.
"Given the multitude of contraventions and steadfast belligerence exhibited over an extended period to remedy in any form the broader safety issues it was determined to be both necessary and convenient to describe all contraventions in the one notice," he wrote.
"Noting, the regulator has the power to do all things necessary or convenient to be done for or in connection with the performance of its functions."
Recalling a conversation between himself and a Justice Department executive, Mr Cocker said he was told he had "pissed off" the department by issuing the notice.
While he was told it would not be appealed because the department could "use this to secure more money from the government to fix the courts", he was advised the notice would not be put on display in the courts.
The department was contacted by The Examiner about the conversation but did not provide a response.
The broader issue of court security went public last year after the police union voiced their own concerns about the safety of officers in the court setting and a second investigation was ultimately launched by WorkSafe Tasmania.
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Site inspections were again completed at each magistrates court in November and December last year, and last week, three new improvement notices were issued by WorkSafe Tasmania inspector Brad Parker.
Mr Parker pointed out a lack of safe systems of work within the magistrates courts, including Launceston, Devonport, Burnie, Hobart, St Helens, Scottsdale, Queenstown, Smithton, Currie and Flinders Island.
He said court security procedures relating to bomb threats, client aggression, and workplace violence were either "in draft, or not containing accurate and up to date information, or in some cases, did not exist at all".
A lack of proper training, and supervision of workers "in relation to skills and tasks which are required to manage court security" was also identified.
Just as the previous notice warned, the three new notices stated the Justice Department would face a fine of up to $250,000 if it did not comply.
But this time, the inspector has given the department just three weeks to make the changes, with deadlines of April 1 and April 9 for two of the three notices.
Meaning the department would not only need to provide appropriate training, and information to court staff and officers within that time frame, but also consult with other court duty holders, including Tasmania Police.
The department can, however, apply for an extension.
A Justice Department spokesman said it was "committed to addressing the issues raised in the improvement notices and takes very seriously the safety and security of all staff and the public".
Despite their commitment, the Police Association of Tasmania argued it had taken more than a year, and two rounds of investigations to come to the same conclusion twice - that the magistrates courts weren't safe.
However, president Colin Riley said he was "just very grateful for all Tasmanians that have to attend a court complex, that common sense has eventually prevailed".
"We note that neither Tasmania Police nor the Justice Department proactively pursued remediation of safety concerns raised over a decade," Mr Riley said.
"Rather, change had to be enforced by WorkSafe Tasmania using legislative powers. By law, both departments should be proactive in identifying and controlling risks, yet the association has had to fight for years to achieve health and safety improvements for a range of workplace hazards within Tasmania Police."
Tasmania Police acting Deputy Commissioner Donna Adams said the safety of officers was of the "utmost importance" and the police department continued to work in close consultation with stakeholders, including the police union.
In contrast to the views of Mr Riley, the acting Deputy Commissioner said Tasmania Police had in fact been proactive.
"While the Department of Justice is responsible for providing safe and secure locations within court precincts, we have actively engaged with the Department of Justice in relation to court security and safety arrangements for attending police," she said.
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