Page 3145 - Week 10 - Thursday, 15 August 2013
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that the executive concerned has a clear recollection of a contract being signed—which was in the standard form of all executive contracts—but a copy cannot be located. I also note there is one contract for which no schedule C is available.
I have made it clear to the public service that I consider the failure to comply with the legislative requirements of the Public Sector Management Act in relation to tabling of contracts is not acceptable. I have directed the Chief Minister and Treasury Directorate to put in place arrangements to ensure this failure in accountability to the Assembly is not repeated into the future.
During question time last week members of the opposition asked a number of questions in relation to the impact of late tabling and omissions of dates in executive contracts, which I will answer now.
The requirement to table executive contracts is set out in sections 31A and 79 of the Public Sector Management Act. These sections specify a time frame of six sitting days after the contract is made for tabling to occur.
Contracts are tabled for the information of the Assembly. While the ACT public service’s failure to table a number of executive contracts is unacceptable, and steps are being taken to ensure compliance in the future, the requirement for tabling has no legal effect on the contract.
I am also advised that while it is desirable that contracts are signed before an executive commences work, the signing of a contract after it has commenced will generally bind the parties to its terms from the stated commencement date. Furthermore, the fact that a contract is not signed by one of the parties does not of itself invalidate the underlying employment relationship. The employment relationship is also evidenced by the agreement of the parties following a selection process, by the performance of duties, and by payment of salary by the ACT public service.
It is also the case that the fact that a contract is either not dated, or dated after its commencement, does not change the operative term of the contract which is specified in the contract itself. I recognise that the dating of a contract is used to determine the period within which it should be tabled and I have reminded the Head of Service and
Commissioner for Public Administration of the importance of this requirement of the Public Sector Management Act.
Sections 32 and 80 of the Public Sector Management Act provide that an appointment of a director-general or an executive is not invalid and shall not be called into question by reason of a defect or irregularity in the appointment.
Mr Hanson asked me last week if I could confirm what the employment status is if the contract is both undated and overdue. As outlined earlier in my statement, there is no impact on the employment relationship or on the validity of the appointment or any decisions made by the executive by virtue of the fact that a contract is undated. Similarly, the act of tabling of itself has no impact on the validity of the appointment. It is an important accountability mechanism but of no legal effect on the contract itself.
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