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Legislative Assembly for the ACT: 2000 Week 11 Hansard (30 November) . . Page.. 3471 ..

MR HUMPHRIES (continuing):

The Public Sector Legislation Amendment Bill 2000 makes minor amendments to the Public Sector Management Act 1994, the Fire Brigade (Administration) Act 1974 and the Legislative Assembly (Members' Staff) Act 1989 to remove sunset clauses relating to public service review rights. It is necessary to remove these sunset clauses to ensure that those ACT public servants who are not covered by agency-based discipline and review processes in certified agreements retain access to existing public service review rights.

Since the creation of a separate ACT public service, the Public Sector Management Act has tied the ACT public service to the Commonwealth system of review for employment related decisions under the Merit Protection (Australian Government Employees) Act 1984. Similar links also existed for the staff employed under the Fire Brigade (Administration) Act and the Legislative Assembly (Members' Staff) Act.

Last year, Mr Speaker, as members have heard, the Commonwealth government introduced a new legislative framework for the Australian public service, including a different system of review for employment related decisions. As a result of this, it was necessary for the ACT to make some minor changes to our laws to retain ACT public service access to existing review rights.

The Public Sector Legislation Amendment Act 1999 amended the Public Sector Management Act, the Fire Brigade (Administration) Act and the Legislative Assembly (Members' Staff) Act to provide interim access to the Commonwealth Merit Protection Commissioner, in lieu of the abolished Merit Protection and Review Agency, until 31 December 2000.

It is important to note that the arrangements set in place by the Public Sector Legislation Amendment Act were interim in nature. Expiry provisions were included, as there was some uncertainty about the Commonwealth's long-term support for the ACT arrangements. The Commonwealth has since confirmed that these arrangements may continue on a fee for service basis.

It is desirable, however, that we have a system of review embedded in ACT laws, rather than relying on the Commonwealth to legislate in this area. Last year, the government gave a commitment to introduce a new ACT legislative framework for discipline, inefficiency and review. The Public Sector Management Amendment Bill, which I have just tabled, provides for this new framework.

However, as there is limited opportunity for debate of the new legislative framework before the operation of the sunset clauses on 31 December this year, it is now proposed to remove these sunset provisions. This means staff retain access to those review rights until the Assembly can consider the new framework. I am sure that most members will support this approach, and I commend the bill to the Assembly.

Debate (on motion by Mr Berry ) adjourned to the next sitting.

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