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Legislative Assembly for the ACT: 2000 Week 11 Hansard (30 November) . . Page.. 3470 ..
MR HUMPHRIES (continuing):
with reasonable care and skill. Capacity to deal with those issues is often a serious morale issue for the majority of staff. This provision sends a clear message that deliberate poor performance will be treated as misconduct rather than warranting the assistance and support that is appropriately reserved for those that are genuinely struggling to meet the required standards of performance.
One of the concerns raised in consultation with unions was that this term should be defined. We have looked at this possibility, but considered that a definition in the bill would inhibit treating each case on its merits, taking full account of individual circumstances. This is beneficial, promoting more responsive decision-making. Again, these decisions are subject to internal review by chief executives and procedural review by the commissioner. Detailed procedural guidance for the handling of wilful inefficiency will be included in the management standards.
Mr Speaker, the bill also amends the Fire Brigade (Administration) Act to apply the proposed new ACT public service arrangements for discipline, inefficiency and review of employment related decisions to staff of the Fire Brigade.
The historical arrangements where Fire Brigade staff have a different code of ethics and different discipline and review arrangements to those of the rest of the ACT public service is no longer appropriate. The intent of this bill in relation to the Fire Brigade is to introduce a consistent management framework for the public sector within which local issues can be dealt with under enterprise bargaining arrangements. Consultation on the exposure draft has resulted in some changes to the bill. The draft management standards provide a clearer operational context for the bill.
This bill provides a framework for public service review rights that relies on ACT laws and agency-level resolution of employment issues. The bill reflects a balance of individual rights and the need to efficiently maintain performance and conduct consistent with the high standards expected of public sector employment. It provides for clearly stated and fair processes, with the benefit of second tier review by the commissioner.
Mr Speaker, I commend this bill to the Assembly.
Debate (on motion by Mr Berry ) adjourned to the next sitting.
Mr Humphries , pursuant to notice, presented the bill and its explanatory memorandum.
Title read by Clerk.
MR HUMPHRIES (Chief Minister, Minister for Community Affairs, Attorney-General and Treasurer) (10.43): I move:
That this bill be agreed to in principle.
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