PUBLIC SECTOR EMPLOYMENT AND MANAGEMENT AMENDMENT BILL 1998 Second Reading Speech

Northern Territory Second Reading Speeches

PUBLIC SECTOR EMPLOYMENT AND MANAGEMENT AMENDMENT BILL 1998

(This an uncorrected proof of the daily report. It is made available under the condition that it is recognised as such.)

Bill presented and read a first time.

Mr REED (Public Employment): Madam Speaker, I move that the bill be now read a second time. I seek leave to have the second-reading speech incorporated into Hansard.

Leave granted.

The purpose of the bill is to rectify a number of minor issues that have arisen since the commencement of the Public Sector Employment and Management Act in July 1993. The Public Sector Employment and Management Act and its subordinate legislation have been widely acclaimed as meeting the operational needs of government agencies and, in fact, a thorough review of the legislation undertaken over the last 18 months has identified that there are only minor issues to be addressed. In undertaking this review, the Commissioner for Public Employment has involved all government agencies and relevant unions in an extensive consultation process, with a view to ensuring that the legislation best meets the needs of agencies and employees as the public sector moves towards the changes and challenges of employment and management in the 21st century. The issues identified during the review of legislation include: some aspects of the appointment and promotion provisions, some aspects of the disciplinary and inability provisions, some gaps and anomalies, and a new section, which provides protection for employees who give work reports in respect of other employees.

The specifics of the proposed amendments are as follows:

The bill allows the Commissioner of Police to delegate a function under the Public Sector Employment and Management Act to members employed pursuant to the Police Administration Act. This will make for more workable administrative arrangements within the Department of Police, Fire and Emergency Services.

The bill provides for consistency of reporting between the Financial Management Act and the Public Sector Employment and Management Act, in that the Commissioner for Public Employment will grant an extension of time for reporting requirements to chief executive officers, where an extension has been granted by the Treasurer under the Financial Management Act.

The bill expands on the current powers of the Commissioner for Public Employment to make employment instructions, in that, not only may he or she make rules relating to any of his or her powers or functions under the act, but on any matter relating to the good management of the public sector.

The bill seeks to clarify aspects of the appointment and promotion provisions of the act. An omission in the original act has prevented the Commissioner for Public Employment from approving the selection, without advertising, of persons from outside the public sector, which has led to an administrative difficulty for government agencies. While this provision is seldom used, the bill will rectify this difficulty.

The bill ensures a more consistent use of terminology relating to temporary employment by not using the terms `temporary' and `contract' employment interchangeably.

Government agencies have been concerned with the time that the selection process for public sector vacancies has taken. The bill seeks to address this issue by reducing the time for the lodging of appeals, by notifying provisional permanent promotions in ways other than by the Public Sector Gazette, and by allowing a promotion appeal board to determine the matter without proceeding to a hearing. All these changes will save time and will be complemented by other administrative and process changes.

The bill seeks to address some inconsistencies and procedural issues in the discipline, inability and grievance provisions of the act. The need for these changes has been identified through a number of cases over the past five years. In this regard, the advice of chairpersons of appeal boards, most of whom are private legal practitioners, has been invaluable. Chief executive officers will be able to suspend an employee, where appropriate, when the inability or disciplinary process commences or is to be commenced. Investigators in cases of the inability of an employee to discharge duties will provide the findings to the chief executive officer, who will, in turn, provide the findings to the employee within 14 days. This time frame will ensure a more expeditious inability process.

The bill clarifies the suspension provisions for inability and disciplinary matters in the public sector. The periods for suspension are spelled out more specifically, together with the suspension powers of the chief executive officer and the Commissioner for Public Employment. It provides for a chief executive officer to vary the remuneration of an employee during the investigation of a disciplinary matter, in consultation with the commissioner, and gives the same power to vary to the commissioner. Furthermore, the bill provides that a chief executive officer need not arrange for a disciplinary investigation where he or she is satisfied that an investigation is not warranted.

The bill provides for some changes to the breaches of discipline. Where an employee conducts himself or herself in an improper manner in the course of employment, or in circumstances which are relevant to his or her employment, or disregards the prescribed principles of conduct, then that employee may e subject to disciplinary action.

The bill addresses some procedural issues for appeal boards set up under the Public Sector Employment and Management Act, in that it allows for persons who are not employers to be nominated to appeal boards. The bill allows appeal boards to deal with an appeal in the manner that the board sees fit. It also ensures that appeal board decisions and reasons for decisions are provided to both parties to the appeal.

The bill clarifies that the Commissioner for Public Employment has all powers under the act to investigateemployee grievances, and that the commissioner may decline to review a grievance where that grievance is made frivolously, vexatiously or not in good faith.

A new provision of the bill affords protection for employees who provide work reports about other employees, so that, where such reports are made in good faith, no civil or criminal action will lie against the employee.This provision will also apply to chef executive officers and the commissioner.

Taken together, these changes will further enhance an act which is already considered best practice by the Commonwealth and other jurisdictions. I commend the bill to honourable members.

Debate adjourned.

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