Page 3844 - Week 12 - Thursday, 24 October 2013
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until 23 September 2013. While the contract is being tabled within six days of its commencement, and within six sitting days of it being made available for tabling, the contract is technically late as it has not been tabled within six sitting days of its having been made, noting that it was finalised in May, well ahead of its commencement.
I also report that on 18 September 2013 a computer error was discovered in the Commerce and Works Directorate which had resulted in 23 short-term executive contracts being signed containing an incorrect superannuation amount. Of those 23 contracts, four have already been tabled. The Government Solicitor has advised that for the four contracts that have already been tabled, a variation should be prepared and tabled correcting the error on the face of the contract; and for those contracts not yet tabled, the original should be amended, initialled by both parties, and then tabled. This process has been followed.
This error has not given rise to any underpayment or overpayment issues as the executives concerned were paid the correct amount despite the contract containing the wrong figure. Remuneration for executives is set by the Remuneration Tribunal, in accordance with the Public Sector Management Act 1994 and the Public Sector Management Standards 2006. Accordingly, the territory has no capacity to pay a different amount, and section 72A(2)(b) of the act expressly provides that an executive contract is void to the extent it purports to pay remuneration or an allowance higher than those specified in the standards.
As the Assembly would be aware, on 15 August 2013, I indicated that I would provide further information about possible reforms to executive contracts. The focus of these reforms is to ensure that the executive employment arrangements are executed according to the requirements of the Public Sector Management Act and accompanying standards, and reflect good employment practices. The options that have been canvassed include improvements to administrative processes, changes to delegations and decision-making points, and even legislative amendments. I will provide further advice to the Assembly on the particulars of these reforms before the end of this year.
I have re-emphasised to the ACT public service that the government expects immediate and sustained improvements in compliance levels. I am advised that a number of changes have already been made to administrative processes in pursuit of this goal, and that further such reforms are being settled with the CMTD and Shared Services.
I am advised that the tabling of these contracts today means there are no current executive contracts overdue for tabling.
Members will also be aware that compliance with the tabling requirement of the Public Sector Management Act has been problematic almost since its inception in the mid-1990s. So today I table a list of 163 expired or superseded executive contracts which I am advised, following a review of the ACT public service and Legislative Assembly records, would appear not to have been tabled. The oldest of these contracts dates from February 2000. The details of all contracts will be circulated to members.
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