Senator FAULKNER (Leader of the Opposition in the Senate)(6.30 p.m.) —I move:

(46)   Clause 50, page 25 (lines 10 to 13), omit the clause, substitute:

50 Merit Protection Commissioner's functions

      The Merit Protection Commissioner's functions are:

      (a)   to facilitate and support the proper and efficient operation of, Review Committees in accordance with subsection 33(2A);

      (b)   to make recommendations to Agency Heads in respect of applications for review of APS actions in accordance with subsection 33(2D);

      (c)   to consider and report to the Public Service Minister on any matter relating to APS employment (including such a matter referred to the Merit Protection Commissioner by the Public Service Minister);

      (d)   to enquire into reports made to the Merit Protection Commissioner (or to a person authorised by the Merit Protection Commissioner) as mentioned in section 16.

      (e)   any function prescribed by the regulations.

Again, this is an important amendment. After significant pressure, the government has created the Office of the Merit Protection Commissioner but has not given the Merit Protection Commissioner the functions, the powers and the protections which are necessary for the commissioner to be fully independent and fully effective.

We are not satisfied with the provisions of the government's draft regulations on review of actions. Accordingly, we are proposing what we believe are the necessary and appropriate powers and functions for the commissioner, which are essentially those contained in the current Merit Protection (Australian Government Employees) Act. In any case, we believe it is more appropriate that the commissioner's primary and general responsibilities be set out in the bill itself, which allows the parliament to have an input and a voice.