Mr Price asked the Minister for Administrative Services, upon notice, on 21 August 1996:

(1) Has his attention been drawn to the case of Mrs Edna Bruce of St Marys, NSW and her late husband, a former employee of his department at St Marys.

(2) Was Mr Bruce offered a voluntary redundancy package; if so, when.

(3) If a voluntary redundancy package was offered, is he able to say whether Mr Bruce (a) was sick at the time, and if so; for how long had he been sick and (b) had been advised by his physician that his case was terminal.

(4) Under which Award was Mr Bruce employed.

(5) Did his Award allow either the Department or Mr Bruce to shorten or waive the 28 day period for the notice and retirement to take effect.

(6) Was any consideration given by his Department to shortening the 28 day period, given Mr Bruce's poor health.

(7) Was counselling arranged for Mr Bruce to ensure he was able to exercise his rights to accept the voluntary redundancy package immediately; if not, why not.

(8) When did Mr Bruce die.

(9) Has Mrs Bruce requested an act of grace payment; if so, has the payment been agreed to.

(10) If Mrs Bruce's act of grace payment has not been agreed to, why not.

(11) Has advice been provided that agreeing to this request would create a dangerous precedent; if so, how many instances exist of a public servant accepting a voluntary redundancy package but dying before it came into effect.

(12) What would have been the cost to the Commonwealth of act of grace payments to the families referred to in part (11) since 1986 if those payments had been approved.

(13) Is he satisfied with his Department's conduct in this case.

Mr Jull — The answer to the honourable member's question is as follows:

(1) Yes.

(2) Yes. On 25 January 1990 with redundancy date of effect being 28 February 1990, following Mr Bruce's expression of interest in late November 1989.

(3)(a) Yes. On the basis of medical certificates received, since 6 November 1988;

(b) Not known. Medical certificates covering early 1990 identified a different illness from that reported in 1988/89. No prognosis was contained in the certificates.

(4) Storeman and Packers' General Stores (Australian Government Employment) Award 1986 (translated from Determination No. 114 of 1951).

(5) The voluntary redundancy offer was made under the provisions of the Australian Public Service Redeployment and Retirement (Redundancy) Award.

A 28 day notice period under the Award can be shortened if requested by the employee or if directed by the employer. Neither request nor direction occurred.

(6) No record of any such consideration exists.

(7) Notification to all staff being offered voluntary redundancy included advice that "where the 28 day notice period is foreshortened, either by direction mentioned above or by your request".

Mr Bruce's election for voluntary redundancy noted his understanding that retirement could take place at any time within the notice period and also that it was likely that the retirement would take effect from 20 February 1990.

Departmental records do not cover whether Mr Bruce was counselled or not about the date of effect.

(8) 14 February 1990.

(9) Yes; no.

(10) Act of Grace payments are administered by the Department of Finance. Since the initial request in early 1990, successive Ministers for Finance have considered and affirmed the decision five times.

(11) No; the precedential and inequitable aspects of special treatment in this case has been the subject of interdepartmental correspondence; not known as central records would not be kept.

(12) Not known.

(13) Yes; the Department of Administrative Services has administered the redundancy provisions in accordance with the relevant Awards, and referred the request for an Act of Grace payment to relevant authority for determination.