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Legislative Assembly for the ACT: 2003 Week 13 Hansard (27 November) . . Page.. 4801 ..

The Assembly voted-

Ayes 10

Noes 6


Mr Berry

Ms MacDonald

Mrs Burke

Mr Stefaniak

Mr Corbell

Mr Quinlan

Mr Cornwell

Ms Dundas

Mr Stanhope

Mrs Dunne

Ms Gallagher

Ms Tucker

Mr Pratt

Mr Hargreaves

Mr Wood

Mr Smyth

Question so resolved in the affirmative.

Motion agreed to.

Public Sector Management Amendment Bill 2003

Mr Stanhope , by leave, presented the bill and its explanatory statement.

Title read by clerk.

MR STANHOPE (Chief Minister, Attorney-General, Minister for Environment and Minister for Community Affairs) (11.42): I move:

That this bill be agreed to in principle.

Mr Speaker, this bill amends the Public Sector Management Act 1994 to provide for the transfer of Totalcare staff to the ACT public service. Totalcare commenced operations in 1992 under the Territory Owned Corporations Act. Totalcare has developed through a series of asset and business transfers from ACT government departments.

In July 2003, the government, after considering recommendations from the joint union and ACT public service working group, decided to wind down Totalcare Industries Ltd through a phased process involving the transfer of existing businesses and staff to various territory agencies. As Totalcare is established under the Territory Owned Corporations Act, section 16 of the act requires the Assembly to approve the disposal of Totalcare by resolution. Mr Speaker, a resolution to that effect has just passed in the Assembly, which has agreed to the disposal of all of the undertakings of Totalcare.

This bill is one element of this process to wind down Totalcare in that it enables the progressive transfer of Totalcare staff to the ACT public service. Employment in the ACT public service is governed by the Public Sector Management Act. This act requires that staff are employed by a merit process. As many Totalcare staff are not employed under the Public Sector Management Act, these amendments are required to permit the transfer of non-public service Totalcare staff without a merit process.

The bill provides for the Commissioner for Public Administration to transfer Totalcare staff to equivalent positions in the ACT public service without a formal merit process. The bill also confirms the public service status of those public service staff on loan to Totalcare. The bill permits a staged transfer of Totalcare staff, as staff will be transferred by business unit. That is why the bill does not transfer all staff on a set date.

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