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Monday, 27 September 1999
Page: 10593


Mr BEVIS (9:15 PM) —I have listened to the great bulk of this debate; I have been in the chamber for a good part of it and have listened in my office. I think it has been a useful and constructive debate. I must note, though, the out of character contribution of the member for Grey, who indicated that he had spoken on this bill on two previous occasions. I think he took the speech from those earlier occasions out of the drawer and gave pretty much the same speech as he gave a couple of years ago when this bill was before this parliament and there had been no negotiations or discussions between the government and the opposition. That aside, as I indicated in my speech on the second reading, the bill, with these amendments, does enjoy the support of the opposition.

I note that the speech writers for the minister have been hard at work putting the best face on the circumstances. A few moments ago, just before he moved 52 amendments, he characterised them as minor adjustments that did not in any way reflect the concerns that the Labor Party had previously had. Nonetheless, those 52 amendments do go a significant way towards addressing the concerns that the opposition has raised to the bill on previous occasions. They are the end result of some five months of negotiation between the opposition and the government, and they are based on some 75 amendments that we moved to the government's bills in the Senate back in 1997 and again last year. Fifty of those amendments were successful.

The government amendments moved today satisfy our concerns with the government's original proposals. As I outlined earlier, these concerns were that the bill went too far in enhancing the powers of Public Service agency heads and converting their agencies into independent entities with separate procedures and employment conditions. It did not go far enough in protecting the independence and the professionalism of the Public Service and the working conditions of the public servants themselves.

While the bill proscribed patronage and favouritism, its provisions would actually have encouraged it by facilitating political appointments at the top, with the lure of special deals, making the Senior Executive Service dependent on patronage for survival and making public servants heavily dependent on their bosses for their salary and working conditions while, at the same time, restricting their rights of appeal. The amendments moved by the minister address these concerns.

In relation to the powers of secretaries, the amendments include a new clause setting out the responsibilities of secretaries, including assisting the minister to fulfil his or her accountability obligations to the parliament, a prohibition on secret deals on salary and conditions by requiring ministers to seek advice from the Remuneration Tribunal and requiring determinations on remuneration to be open to public scrutiny, and a protection against secretaries making determinations which would reduce benefits to employees under an award, certified agreement or AWA.

These amendments enhance the independence of SES employees by requiring the Public Service Commissioner to certify that termination is in accordance with the published procedures and is in the best interests of the Australian Public Service, and by removing a provision which would have denied them access to the unfair dismissals provisions of the Workplace Relations Act.

The amendments ensure the maintenance of the office of the Merit Protection Commissioner and provide it with the functions, powers and protections which are necessary for the commissioner to be independent and effective. Most importantly, there are many amendments which will serve to protect the interests of those who constitute the Public Service—the APS employees. There will be a fair system of review of employment decisions, important additional values will be included, ongoing employment will continue to be the norm, and conditions of employment will not be subject to change, outside limited exceptional circumstances, other than by negotiation and agreement through an award, a certified agreement or an AWA.

We welcome the government's change of heart on these important issues, and we are pleased to support the amendments. I con clude by adding my personal comments, much in line with the contributions of members on both sides of the House, about the work that is done by the public servants of Australia in the various departments. In our constituencies, we deal regularly with a range of public servants, who provide a service to the community, to our own staff, and to us as members of parliament. I think it is fair to say that all members appreciate their cooperation, independence and good service. (Time expired)