Circulated by authority of
Brendan Smyth MLA

Public Sector Management Amendment Bill 2005 (the Bill) makes a number of amendments to the Public Sector Management Act (the Act) to improve the way in which the Commissioner for Public Administration may conduct reviews of government agencies. The amendments in the Bill will provide the Commissioner with the power to conduct a review without seeking the approval of the Chief Minister and to conduct a review of a matter referred to the Commissioner by a member of the Legislative Assembly. It also inserts a clause requiring the Commissioner to provide a copy of any review made under the amended section to the Chief Minister for tabling in the Assembly.

The Bill does not contain any financial implications.

Amendments 1, 2 and 3 are formal requirements that respectively refer to the name of the Act, the commencement provisions and declare that it is the Public Sector Management Act that is being amended.

Amendment 4 substitutes a new subsection (2) to Section 21 of the Act. The new subsection (2) gives the Commissioner the power to conduct a review of a government agency without seeking the approval of the Chief Minister. It also empowers the Commissioner to investigate matters referred to him/her by a Member of the Legislative Assembly.

Amendment 5 prevents amendment 4 from impacting on the requirement that the Commissioner consult with the Speaker of the Legislative Assembly before conducting a review of the Assembly secretariat.

Amendment 6 inserts a new section 21(6A) that requires the Commissioner to report on each review undertaken and give a copy of the report to the Chief Minister for presentation to the Assembly.