Senator FAULKNER (Leader of the Opposition in the Senate)(5.16 p.m.) —I have just been handed a running sheet for the Parliamentary Service Bill 1997 . I have had an opportunity to mention this to Senator Allison and Senator Harradine quickly, and Senator Margetts is taking an interest in this. Instead of repeating the nature of the committee stage debate we have had on the Public Service Bill—given that many amendments to the Parliamentary Service Bill mirror amendments to the Public Service Bill that the committee has dealt with exhaustively and in appropriate detail; and it seems to me that the will of the committee has been express ed—it would be my intention to test the will of the committee and move those opposition amendments that mirror the amendments to the Public Service Bill which were successful.

I accept that a range of other opposition amendments are unlikely to find favour with a majority in the committee stage. I think that is going to mean that we can deal with this bill quickly and then focus on a small number of issues which are unique to the Parliamentary Service Bill. That is the general approach I will be taking. I hope that finds favour with other senators. I think it makes good sense in the circumstances we face, which are significant time constraints. In accordance with that approach, I seek leave to move opposition amendments Nos 1, 3, 10, 13-16, 18, 22-29, 32-35 and 37 together.

Leave granted.

Senator FAULKNER —I move:

(1)   Clause 3, page 2 (after line 11), after paragraph (b), insert:

      (ba)   to define the powers and responsibilities of Secretaries and the Parliamentary Service Commissioner; and

(3)   Clause 7, page 5 (after line 3), after the definition of insolvent under administration , insert:

      merit , in relation to the engagement and promotion of employees, means assessment of the relative suitability of candidates for employment or promotion using a competitive selection process, where the assessment is:

      (a)   based on the relationship between a candidate's work-related qualities and the work-related qualities identified by the Department as required for the job; and

      (b)   the sole consideration in a decision to engage or promote an employee.

(10)   Clause 10, page 8 (lines 5 to 16), omit subclause (2).

(13)   Clause 14, page 10 (line 17), at the end of the clause, add "and are subject to sanctions for breaches of the Code, to be determined by the relevant Presiding Officer on the recommendation of the Parliamentary Service Commissioner".

(14)   Clause 15, page 10 (lines 23 and 24), omit "include the following", substitute "are".

(15)   Clause 15, page 10 (after line 29), at the end of subclause (2), add:

      ; (f)   admonishment.

(16)   Clause 15, page 11 (lines 3 and 4), omit "The procedures must have due regard to procedural fairness.", substitute "The procedures must be based on minimum standards, determined by the Presiding Officers, after consulting the Commissioner, and must have due regard to procedural fairness.".

(18)   Clause 17, page 11 (after line 23), at the end of the clause, add:

   (2)   A breach of subsection (1) is to be treated as a breach of the Code of Conduct.

(22)   Clause 22, page 14 (after line 20), at the end of the clause, add:

   (5)   Subject to this Act and to relevant awards and certified agreements, a Secretary must engage a person as a Parliamentary Service employee on a permanent basis unless subsections (6) or (7) apply.

   (6)   A Secretary may engage a person as a Parliamentary Service employee on a fixed term of less than 6 months if, in the Secretary's opinion, the need for temporary assistance will not adversely affect the maintenance of a career service or a stable workforce.

   (7)   A Secretary may engage a person as a Parliamentary Service employee on a fixed term of more than 6 months if, in the Secretary's opinion, the employee is required to perform duties in relation to a project or task that has a fixed duration and:

      (a)   the Secretary determines that the duties require skills or ability that is not, or cannot be made, available within the Department; or

      (b)   in the case of a vacancy caused by a permanent officer being placed temporarily in another position or being on long term leave, there is no suitable permanent employee to fill the temporary vacancy.

(23)   Page 14 (after line 20), after clause 22, insert:

22A Engagement and promotion based on merit

      The engagement or promotion of a Parliamentary Service employee for any period in excess of 3 months must be on the basis of merit.

(24)   Clause 23, page 14 (line 27), after "time to time", insert "but may not diminish any such provisions".

(25)   Clause 24, page 15 (lines 12 to 14), omit ". For this purpose, award and certified agree ment have the same meanings as in the Workplace Relations Act 1996 .", substitute ", but may not diminish any such provisions.".

(26)   Clause 24, page 15 (line 17), at the end of subclause (3), add ", provided any such determination does not diminish any provision of an award or certified agreement as in force at a particular time or as in force from time to time".

(27)   Clause 24, page 15 (after line 19), at the end of the clause, add:

   (5)   For the purposes of this section, award and certified agreement have the same meanings as in the Workplace Relations Act 1996 .

(28)   Clause 25, page 15 (line 22), after "Department,", insert "consistent with any provision in an award or certified agreement,".

(29)   Clause 25, page 15 (after line 23), at the end of the clause, add:

   (2)   An employee may apply to the Secretary to decline a proposed transfer within 7 days after the employee receives notice of the transfer. The transfer is not to take effect unless the Secretary rejects the application.

(32)   Clause 28, page 16 (lines 25 to 29), omit subclause (1), substitute:

   (1)   A Secretary may at any time following due process, by notice in writing, terminate the employment of a Parliamentary Service employee in the Department if, in the opinion of the Secretary, termination is justified on any of the following grounds:

      (a)   unsatisfactory work performance;

      (b)   physical or mental incapacity;

      (c)   loss of essential qualifications;

      (d)   a serious breach of the Code of Conduct;

      (e)   being excess to the requirements of the Department.

      Note:   The Workplace Relations Act 1996 has rules and entitlements that apply to termination of employment.

(33)   Clause 28, page 17 (lines 1 and 2), omit subclause (3).

(34)   Clause 30, page 17 (after line 20), after subclause (2), insert:

   (2A)   If a Secretary or the Commissioner receives any non-Commonwealth remuneration for performing duties as a Secretary or the Commissioner, as the case may be, then the Presiding Offic ers may give a notice in writing to the Secretary or the Commissioner in relation to the whole, or a specified part, of the remuneration.

   (2B)   The amount notified by the Presiding Officers:

      (a)   is taken to have been received by the Secretary or the Commissioner on behalf of the Commonwealth; and

      (b)   may be recovered by the Commonwealth from the Secretary or the Commissioner as a debt in a court of competent jurisdiction.

(35)   Clause 32, page 18 (after line 17), after subclause (2), insert:

   (2A)   An application for review of a Parliamentary Service action (other than action which involves or has resulted in termination of employment) in respect of promotion to determine who is the most meritorious officer, redeployment, inefficiency or misconduct is to be determined by a Review Committee consisting of:

      (a)   an independent convenor nominated by the Merit Protection Commissioner;

      (b)    a nominee of the relevant Secretary; and

      (c)   an employee representative nominated in accordance with the determinations or in accordance with the provisions of an award or a certified agreement.

      Note:   The Workplace Relations Act 1996 has rules and entitlements that apply to the termination of employment.

   (2B)   For the purposes of paragraph (2A)(c), the provisions of an award or certified agreement prevail over the provisions of the determinations to the extent of any inconsistency.

   (2C)   A determination by a Review Committee is binding on the relevant Secretary.

   (2D)   The Merit Protection Commissioner is to make recommendations to the relevant Secretary in respect of an application for review of any Parliamentary Service action, other than an action included in subsection (2A), which has not been satisfactorily resolved by the Department.

(37)   Clause 37, page 20 (lines 4 to 6), omit the clause, substitute:

37 Termination of employment

      In the case of termination of the employment of an SES employee, the Commission er must certify that the termination meets the minimum requirements specified in a determination issued under section 35 and that the termination is in the best interests of the Parliamentary Service.

Amendments agreed to.