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Legislative Assembly for the ACT: 1999 Week 13 Hansard (9 December) . . Page.. 4121 ..
MS CARNELL (continuing):
In brief, standard 14 of chapter 6 deals with relocation expenses and calls up SES entitlements contained in Commonwealth determination No. 46 of 1984. The rates set in the standard were adopted from rates set by the Commonwealth. These standards, read in conjunction with the Commonwealth determination, provided a range of benefits for relocating public servants. They were for removal costs, the removal of pets, travel to Canberra, assistance with accommodation, payments for connection to utilities, the reimbursement of bonds, payments for the transfer of registrations, disturbance allowances covering a range of ad hoc allowances, assistance with school fees where children were left behind to finish secondary schooling, solicitors' fees, reunion costs where family members were left behind and assistance in returning to the former locality at the end of the contract.
All of those things were picked up from the Commonwealth entitlements and put into Public Service management standards by those opposite. Under those standards, both the chief executive and the commissioner, through powers under the Public Sector Management Act, had authority to make decisions about relocation costs and to vary and review some of the rates set in the standards. The standards said in relation to all of these allowances that there was discretion to recognise different circumstances and to review the rates. The commissioner is responsible for setting rent ceilings. What do the standards say? Standard 14, chapter 8, paragraph 4.5 says that the commissioner shall set rent ceilings - not the Minister, not the Chief Minister, but the commissioner.
In August 1996 the Commissioner for Public Administration made such a decision - as I have said, Mr Speaker, under standard 14, chapter 6, paragraph 4.5 - to set rent ceilings, to vary officer contributions and to extend the period of benefits. Mr Speaker, I tabled that document in the Assembly yesterday. Mr Corbell ran much of his argument on the fact that a part of the Act somehow precluded that from happening. That is simply not the case, Mr Speaker. For the information of members, I shall read from a note written to me today by the Acting Commissioner for Public Administration, Ms Davoren. With regard the temporary accommodation allowance, she said:
I have examined the legislative basis of the 13 August 1996 decision of the Commissioner for Public Administration.
That is the one that Mr Corbell has just said was illegal and meant that the payments were not made appropriately.
Mr Corbell: I did not say "illegal".
MS CARNELL: If Mr Corbell listens, he will find that it shows that he was absolutely wrong. The note continues:
This decision was based on:
Clause 3 of Executive Contracts, which applied to Executives the terms and conditions contained in, among other things, the Public Sector Management Standards;
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