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PARLIAMENTARY SERVICE AMENDMENT BILL 2012 [2013]E PUBLIC SERVICE AMENDMENT BILL 2012

Order of the day read for the adjourned debate on the motions of the Parliamentary Secretary for School Education and Workplace Relations (Senator Collins) and Senator Evans—That these bills be now read a second time.

Debate resumed.

Question put and passed.

Bills read a second time.

The Senate resolved itself into committee for the consideration of the bills.

In the committee

PARLIAMENTARY SERVICE AMENDMENT BILL 2012 [2013]—

Bill taken as a whole by leave.

Explanatory memorandum: The Parliamentary Secretary to the Prime Minister (Senator McLucas) tabled a supplementary explanatory memorandum relating to the President's amendments to be moved to the bill.

On the motion of Senator McLucas, on behalf of the President, the following amendments, taken together by leave, were agreed to:

 Schedule 1, item 44, page 26 (after line 6), after paragraph (a) of the definition of entrusted person in subsection 65AB(1), insert:

 (aa) a delegate of the Merit Protection Commissioner;

 Schedule 1, item 46, page 33 (after line 24), after paragraph 70A(2)(a), insert:

 (aa) a delegate of the Merit Protection Commissioner;

Bill, as amended, agreed to.

PUBLIC SERVICE AMENDMENT BILL 2012—

Bill taken as a whole by leave.

The Leader of the Australian Greens (Senator Milne) moved the following amendment:

 Schedule 1, item 52, page 28 (before line 15), before subsection 16(2), insert:

  (1A) If:

 (a) an APS employee reports a breach (or alleged breach) of the Code of Conduct; and


 (b) as a result of reporting the breach (or alleged breach), the APS employee is victimised, or discriminated against, by a person performing functions in or for an Agency;

   the APS employee is entitled to be paid reasonable compensation by the Commonwealth.

   Note: Payments under this subsection must be made from money appropriated by the Parliament. Generally, a payment can be debited against an Agency's annual appropriation, providing that it relates to some matter that has arisen in the course of its administration.

Debate ensued.

Question—That the amendment be agreed to—put and negatived.

Senator Milne moved the following amendment:

 Schedule 1, item 52, page 28 (line 16), omit "establish", substitute "regularly publish".

Debate ensued.

Question—That the amendment be agreed to—put and negatived.

Senator Milne moved the following amendment:

 Schedule 1, item 52, page 28 (line 17), after "employee", insert ", or a former APS employee,".

Debate ensued.

Question—That the amendment be agreed to—put and negatived.

Senator Milne moved the following amendment:

 Schedule 1, item 52, page 28 (lines 25 to 27), omit subsection 16(3), substitute:

  (3) Procedures published under subsection (2) must:

 (a) comply with basic procedural requirements (if any) prescribed by the regulations; and

 (b) provide for an APS employee, or former APS employee, who makes a whistleblower report to be involved in, and receive regular updates about, any inquiry into the report.

Question—That the amendment be agreed to—put and negatived.

Senator Milne moved the following amendment:

 Schedule 1, item 52, page 29 (after line 21), after subsection 16(6), insert:

   Protection from criminal and civil proceedings

  (7) No action or proceeding, whether criminal or civil, lies against an APS employee for or in relation to a whistleblower report made by the APS employee in accordance with this section (including regulations made for the purposes of this section).

Debate ensued.

Question—That the amendment be agreed to—put and negatived.

Bill agreed to.

The Parliamentary Service Amendment Bill 2012 [2013] to be reported with amendments and the Public Service Amendment Bill 2012 to be reported without amendments.


The Acting Deputy President (Senator Marshall) resumed the chair and the Temporary Chair of Committees reported accordingly.

On the motion of Senator McLucas the report from the committee was adopted and the bills read a third time.