Page 2720 - Week 09 - Thursday, 8 August 2013
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MS GALLAGHER: Yes.
Mr Hanson: which were unsigned, overdue and—
MS GALLAGHER: In relation to being overdue, there is no time specification in the Public Sector Management Act about the tabling of contracts, as I understand it. This is one of the issues that I have been speaking to the Chief Minister and Treasury Directorate about since I became aware that there were a number of contracts that had not been tabled and my lack of tolerance for that situation to continue.
Part of the issue is that whilst I believe they are overdue, there is no time requirement for tabling. I think that probably needs to be looked at. Directorates have been reminded of the transparency and accountability role that that particular clause plays and the rights of the Assembly to have that scrutiny role of the executive contracts. So I will be looking at this further, but in relation to the specifics, I will take it on notice.
MADAM SPEAKER: A supplementary question, Mr Doszpot.
MR DOSZPOT: Chief Minister, whilst I understand that you may not be able to answer this immediately, could you let us know what retrospective effect, if any, does an unsigned, undated and overdue contract have on the termination entitlements of an executive?
MS GALLAGHER: I will take that on notice. Again, I think the issue has arisen because of my direction to agencies that all current contracts that have not been tabled in the Assembly needed to be tabled during this sitting period. That led to a large amount being tabled on Tuesday with some more to follow. I think we got a question on notice from Mr Hanson around a particular employee. It was in response to that question that I was advised that there were contracts that had not been tabled. Not that that breached any requirement, but they were outstanding, and I issued a direction to the Head of Service that all of those contracts needed to be tabled. As I understood it, some of them could not be located at the time, and that may have led to a copy being issued to be tabled, but I will clarify that by the end of question time.
MADAM SPEAKER: Mr Doszpot, a supplementary question.
MR DOSZPOT: Chief Minister, a question again, what is the longest period in arrears that overdue contracts have been given retrospective effect?
MS GALLAGHER: I am not sure that there have been any having retrospective effect. There is an issue around them being tabled with a performance agreement in place. There is no retrospectivity here. I am cleaning up a failure of the public service, basically, that has been identified by Mr Hanson in relation to one employee.
When I did some further digging, I found out that there were a number of outstanding contracts that had not been tabled, not that there has been any breach of legislation, but I think there has been a failure in the public service to observe that part of the Public Sector Management Act. This is a tidying up exercise that is going on.
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