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Legislative Assembly for the ACT: 1999 Week 9 Hansard (2 September) . . Page.. 2884 ..
Mr Quinlan asked the Chief Minister, upon notice, on 24 August 1999:
In relation to the transfer of an engineer from ACTEW to the Department of Urban Services, it is alleged that the employee received a redundancy package with the knowledge of a new position in the ACTPS.
1. Can you confirm that it is possible to take a redundancy from ACTEW in the knowledge that you have another position in another ACT Government agency,
a. if yes, can you explain why.
b. If no, what are the ramifications for the employee concerned.
2. When a redundancy is paid to an employee what is the amount of time required before accepting the redundancy and taking employment in another ACT Government agency.
3. Are there any avenues to protect ACT revenue by requiring a period of time between redundancy and re-employment. If so, why. If not, why not.
Note: There has been no transfer of an engineer from ACTEW to USD. The person in question works for an independent contractor, ADDECO, who recently won a contract with USD in open tender.
Ms Carnell: The answer to the Member's question is as follows:
1. Can you confirm that it is possible to take a redundancy from ACTEW in the knowledge that you have another position in another ACT Government agency,
Yes, it is possible for a person to take a redundancy from ACTEW in the knowledge that they have a job in the ACT Public Service (ACTPS).
a) if yes, can you explain why.
Entitlements to redundancy payments outside of the ACTPS do not affect the merit principles which regulate the employment of ACTPS staff except as otherwise provided for by sections 114 and 117 of the Public Sector Management Act 1994 (PSMA). The intention of sections 114 and 117 of the PSMA is to focus on the genuine nature of the redundancy situation ie. if an officer is retired under the PSMA it is because there are no genuine prospects of redeployment available within the ACTPS and therefore swift reemployment back into the ACTPS is usually inappropriate.
ACTEW is a self-funded corporation under the Territory Owned Corporations Act 1990 with its own employment powers. ACTEW employees are not employed or retired under the provisions of the PSMA and therefore sections 114 and 117 of the PSMA do not apply. ACTEW employees do not have the options available to excess ACT Public
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