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Wednesday, 8 August 2001
Page: 25857


Senator GREIG (12:40 PM) —After some consideration, the Democrats will support the opposition. In our view, the government has offered no real compelling case for entitling the NCA to employ people other than in accordance with normal procedures. We note, in particular, the comments of Mr John Broome, the former chair of the NCA. He was highly critical of the government's proposal, arguing in part that the law as it stands provides for the necessary flexibility and adequately allows the NCA to take advantage of specialist expertise. He said, in part:

The reasons for these proposals in the Second Reading Speech—

that is, the second reading speech of the minister—

are clearly spurious. It is said to be based on a need for specialist expertise `from time to time in a particular location'. The Act allows the Chairperson adequate capacity to engage persons for limited periods at any location. The flexibility of the current public sector employment rules are such as to enable the engagement of staff on terms and conditions which are in line with public sector remuneration in Australia. If private sector remuneration is necessary this can be achieved through the use of consultancies. Sections 47 to 50 are in my experience, adequate.

He went on:

This then raises the issue of why these changes are now being proposed. Is it intended that over time the majority of the staff would be engaged under these provisions? What specific problems have been encountered which would give rise to the proposal? Over the years members of the authority, including Chairmen who have come from the Bar, appear uncomfortable and unfamiliar with the need for the procedures which necessarily and appropriately apply to the engagement of staff for public purposes. These requirements include the need to advertise, select on merit and the need to ensure work of similar value is remunerated similarly. The proposals will allow a future Chairperson to engage in personnel practices inimical to the best interests of the NCA and the Commonwealth.

I am inclined to agree with that and I also feel that the message we might send—rightly or wrongly—to the broader Public Service members if we were to go down this path would be one of uncertainty and insecurity in terms of the current arrangements. I do not think that that is a message we ought to send. We therefore support this amendment.


The TEMPORARY CHAIRMAN (Senator Crowley)—The question is that part 18, as amended, be agreed to.

Question resolved in the negative.