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Legislative Assembly for the ACT: 2000 Week 7 Hansard (29 June) . . Page.. 2255 ..


MS CARNELL (continuing):

I made clear at the time, these were interim arrangements that would operate only until 31 December 2000. It is time for procedures that reflect our own public sector environment.

Mr Speaker, at the time I introduced the interim arrangements I said further amendments would be needed to achieve an A.C.T. Public Service framework for the review of employment decisions. The proposed legislation would deliver on that commitment.

Mr Speaker, the proposed Bill will provide a system of fair and open review arrangements that both maintains public service standards and provides staff with appropriate review rights. Staff will have the right of review of employment-related decisions by Chief Executives, with a second tier review right on procedural grounds to the Commissioner for Public Administration.

When the A.C.T. Public Service was established, the Public Sector Management Act carried over the old Commonwealth system of handling disciplinary and inefficiency problems. This system had evolved through the 78-year history of the Australian Public Service. While this was a good transitional arrangement as staff moved from one public service to another, it has outlived its usefulness. It is outdated, overly legalistic, complex and entirely inappropriate for a modem workplace. The fact that the Commonwealth itself has introduced a new framework must tell us something.

In the current round of enterprise bargaining, our own public service staff have also voted with their feet. They have indicated that they prefer systems that they can understand. As a result, streamlined discipline, inefficiency and review processes have been incorporated into Certified Agreements that displace the Public Sector Management Act provisions.

Mr Speaker this proposed legislation would replace the old discipline and inefficiency arrangements with a new system that is simpler, less legalistic and focuses on the practical resolution of issues at the workplace level. The proposed changes reflect the principal elements of the arrangements that have been agreed with staff and unions under enterprise bargaining across the A.C.T. Public Service.

The agency Certified Agreements that deal with these issues would continue to apply where they are inconsistent with the proposed new legislative provisions.

Therefore, the proposed arrangements would apply only where an agency has not specifically inserted new discipline and inefficiency arrangements in Certified Agreements.

In future rounds of bargaining, staff may prefer to fall back to the provisions in the Act. While there should be capacity to build in local variations to reflect local operational and industrial conditions, it is hard to accept that such arrangements should necessarily apply across the Service.

Mr Speaker, the legislation would also amend the Fire Brigade (Administration) Act to apply the proposed new A.C.T. Public Service arrangements for discipline, inefficiency and review of employment related


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