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Legislative Assembly for the ACT: 2000 Week 11 Hansard (30 November) . . Page.. 3468 ..

MR HUMPHRIES (continuing):

Agency certified agreements that deal with these issues will continue to apply where they are inconsistent with the provisions of this bill. Therefore, the arrangements under the bill apply only where an agency has not specifically inserted new discipline and inefficiency arrangements in certified agreements.

In summary, the bill:

puts in place an effective right of review that does not rely on repealed Commonwealth laws;

balances employees' rights and the public interest in achieving a fair and more responsive system for the handling of disciplinary and inefficiency cases;

introduces a simplified two-tier review process with a greater focus on departmental responsibility for ensuring fair decisions but with a procedural review role for the Commissioner for Public Administration;

streamlines review mechanisms for termination decisions so that the Public Sector Management Act does not duplicate termination review rights where review is already available under the federal Workplace Relations Act;

specifies arrangements to ensure a smooth transition in regard to disciplinary or inefficiency cases already on foot; and

applies the amended discipline, inefficiency and review framework under the Public Sector Management Act to staff employed under the Fire Brigade (Administration) Act.

The bill sets out the responsibilities and authority of chief executives and the commissioner, as well as the rights of ACT public service employees. Procedural and administrative arrangements are kept to a minimum, but with clear statements of the need to comply with natural justice standards.

The changes also include new rights such as rights for employees to obtain reasons for employment decisions. Although the Administrative Decisions (Judicial Review) Act 1989 provides for judicial review of many decisions made under the Public Sector Management Act, a right to reasons for employment decisions is not available under schedule 2 of the Administrative Decisions (Judicial Review) Act 1989. Further procedural guidance will be provided through the management standards under existing provisions in section 251 of the Public Sector Management Act.

The bill also deals with some necessary technical changes to the temporary employment provisions under the Public Sector Management Act to exclude part-time apprenticeships from the five-year limit on fixed term temporary employment. This brings the act in line with new award provisions. The bill also permits a chief executive to re-engage a former temporary employee for the specific purpose of undertaking a compensation rehabilitation program.

Mr Speaker, ACT public service and fire brigade staff and unions have been consulted on these proposals following tabling of an exposure draft of the bill in June this year. Unions in particular have put forward strong views regarding the direction of the bill. I am pleased to say that a number of points of concern have been addressed in the bill and in the draft management standards that I also have tabled. For example, the bill now includes additional references to natural justice and avoidance of conflicts of interest to

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