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Wednesday, 26 September 2001
Page: 31620


Mr Kerr asked the Minister representing the Minister for Justice and Customs, upon notice, on 28 June 2001:

(1) How many Australian Protective Service (APS) officers were deployed for Operation Mandalay to Port Hedland on 25 May 2001.

(2) How long did the officers remain in Port Hedland.

(3) How much notice were the officers given.

(4) For how many officers did this deployment constitute a change of shift.

(5) Under the Public Service Award 1998, are APS offices entitled to payment of penalties for a change of shift without the required 7 days notice.

(6) How many officers have been paid this entitlement.

(7) Who made the decision regarding the payment or non-payment of these entitlements.

(8) On what grounds was such a decision made.

(9) Was there any discussion with the officers regarding shift changes or entitlements for Operation Mandalay before the deployment.

(10) Did any officers waive the 7 days' notice of shift change provision; if so, (a) how many officers did so and (b) were these recorded in writing.


Mr Williams (Attorney-General) —The Minister for Justice and Customs has provided the following answer to the honourable member's question:

(1) Twenty Australian Protective Service (APS) Officers were deployed for Operation Mandalay to Port Hedland on 25 May 2001.

(2) The APS officers departed Canberra at 0100hrs on Friday 25 May and returned to Canberra on the 3 June 2001. The OIC of the contingent returned to Canberra on 6 June 2001.

(3) The APS officers were notified 29 hours prior to departure.

(4) The deployment would have constituted a change of shift for 17 APS officers, if mutual consent to waive the change of shift allowance had not been achieved.

(5) Under the Public Service Award 1998, APS officers may be entitled to payment of penalties for a change of shift without the required 7 days notice depending on the circumstance of each case. The payment may be waived by mutual consent.

(6) No APS officers involved in Operation Mandalay have been paid this entitlement. It was waived by mutual consent.

(7) The officers involved in Operation Mandalay made the decision to waive the payment by mutual consent with the delegate, Director APS.

(8) The decision was made on the grounds that the APS received only 30 hours notice of the deployment. Volunteers were sought and were asked to waive the payment in lieu of shift change because of the short notice received by the APS. They each individually agreed to waive any payment that may or may not have been due under the APS Award 1998 (as varied from time to time).

(9) Discussions occurred on the 24 May 2001 with the staff. It was on this day that they were advised they would not be paid an allowance for change of shift without 7 days notice.

(10) All officers waived the 7 days' notice of shift change provision, none of these waivers were recorded in writing.