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Legislative Assembly for the ACT: 2000 Week 7 Hansard (29 June) . . Page.. 2256 ..
MS CARNELL (continuing):
decisions to staff of the Fire Brigade. The historical arrangements where Fire Brigade staff have different discipline and review arrangements to the rest of the A.C.T. Public Service is no longer necessary. Local operational issues can be dealt with under enterprise bargaining arrangements as has occurred in other agencies.
Mr Speaker, in summary, the main objectives of the proposed legislation are:
to put in place an effective right of review that does not rely on repealed Commonwealth laws, and to do this before the interim arrangements expire on 31 December 2000;
to ensure a balance of employees' rights and the public interest in achieving a fair and more responsive system for the handling of disciplinary and inefficiency cases;
to introduce a simplified two tiered review process, with a greater focus on departmental responsibility for ensuring fair decisions but also establish a procedural review role for the Commissioner for Public Administration;
to streamline review mechanisms for termination decisions so that review is sought only under the Federal Workplace Relations Act;
to specify arrangements to ensure a smooth transition in regard to disciplinary or inefficiency cases already on foot; and
to apply the amended discipline, inefficiency and review framework under the Public Sector Management Act to staff employed under the Fire Brigade (Administration) Act.
The proposed legislation would set out the responsibilities and authority of Chief Executives as well as the rights of A.C.T. Public Service employees. Procedural and administrative arrangements would be kept to a minimum. Further procedural guidance would be provided through the Management Standards under existing provisions in section 251 of the Public Sector Management Act.
Mr Speaker, the proposed legislation would also deal with some necessary technical changes to the temporary employment provisions under the Public Sector Management Act.
Under the Act, Chief Executives cannot engage temporary employees for a fixed period longer than five years. A recent decision in the Australian Industrial Relations Commission included provision for part-time apprenticeships of up to six years. The changes proposed would bring the Act into line with the new Award provisions.
There is also a current restriction on the capacity to re-employ or extend the employment of temporary employees. This inhibits implementing a rehabilitation program under the Safety, Rehabilitation and Compensation Act 1989. Agencies are currently left with little option but to fund a rehabilitation program outside the A.C.T. Public Service. Therefore, the proposed legislation would amend the Public Sector Management Act to allow a Chief Executive to re-engage a former temporary employee for the specific purpose of undertaking a compensation rehabilitation program. The dispensation would not extended to any other employment group. I think that Members will see the sense in these proposals.
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