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PUBLIC SERVICE LEGISLATION (STREAMLINING) BILL 1986

Order of the Day read for the adjourned debate on the motion of the Minister for Education (Senator Ryan)-That this Bill be now read a second time.

The Leader of the National Party of Australia in the Senate (Senator Collard) moved an amendment, viz: Leave out all words after ""That'', insert ""the Bill be withdrawn and redrafted to incorporate the principle of "no work as directed no pay' for those Commonwealth employees who engage in-

(a) the performance of work in a manner different from that in which it is customarily performed, or the adoption of a practice in relation to work, the result of which is a restriction or limitation on, or a delay in, the performance of the work;

(b) a ban, limitation or restriction on the performance of work or on acceptance or offering for work; and

(c) an unauthorised failure or refusal by persons to attend for work or an unauthorised failure or refusal to perform any work at all by persons who attend for work''.

Debate continued.

Question-That the words proposed to be left out be left out-put and negatived.

Amendment negatived accordingly.

Main Question-put and passed.

Bill read a second time.

The Senate, according to Order, resolved itself into Committee for the consideration of the Bill.

In the Committee

Bill, by leave, taken as a whole.

Senator Vigor, by leave, moved the following amendments together, viz:

Page 23, sub-clause 41 (1), after proposed new section 50db, insert the following new section:

Rotation of Departmental nominees

"" "50dba. In nominating a person for the purposes of paragraph 50da (5) (b) or 50db (4) (b) or (10) (a), a Secretary shall ensure so far as possible that a person is not nominated as a member of successive Committees or successive Committees constituted for the purpose of filling the same vacancy or a vacancy in the same office.''.

Page 24, sub-clause 41 (1), after proposed new sub-section 50dc (2), insert the following new sub-section:

"" "(2a) Subject to sub-section (2), a Joint Selection Committee shall conduct its proceedings in accordance with such guidelines, not inconsistent with this Act, as are prescribed.''.

Page 32, after clause 68, insert the following new clause:

Retirement of Secretaries of Departments on grounds of inefficiency or incapacity

""68a. Section 76d of the Principal Act is amended by inserting after sub-section (1) the following sub-section:

"(1a) Where, on application by the Secretary or otherwise, an authorised medical practitioner has recommended that a Secretary should, because of physical or mental incapacity, be retired from the Service, the Board may, with the consent of the Secretary, report to the Governor-General under sub-section (1) that the Secretary is, because of physical or mental incapacity, incapable of performing his or her duties.'.''.

Page 34, clause 75, lines 1 to 4, leave out the clause, insert the following clause:

Retirement with consent of officer on grounds of invalidity

""75. Section 76n of the Principal Act is amended by omitting sub-section (1) and substituting the following sub-section:

"(1) Where, on application by the Senior Executive Service officer or otherwise, an authorised medical practitioner has recommended that a Senior Executive Service officer should, because of physical or mental incapacity, be retired from the Service, the Board may, with the consent of the officer, retire the officer from the Service on a day to be specified by the Board.'.''.

Page 38, clause 78, after proposed new section 76w, insert the following new section:

Retirement with consent of officer on grounds of invalidity

"" "76wa. (1) Where, on application by the officer or otherwise, an authorised medical practitioner has recommended that an officer should, because of physical or mental incapacity, be retired from the Service, the relevant Secretary may, with the consent of the officer, retire the officer from the Service on a day to be specified by the Secretary.

"(2) Where an officer is retired under sub-section (1), the day as from which the officer is retired may, with the consent of the officer, be a day that is earlier than the day on which the action to retire the officer was taken.''.

Pages 53 and 54, Part VII, line 32 (page 53) to line 15 (page 54), leave out the Part.

Debate ensued.

And it being 2 p.m., the Senate having resumed-