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Monday, 11 November 1991
Page: 2866


Senator COLLINS (Minister for Shipping and Aviation Support) (9.18 p.m.) —I move:

  Clause 81, page 27, at end of clause, add the following subclause:

  "(4) An officer (within the meaning of subsection 7(1) of the Public Service Act 1922) to whom subsection (1) of this section applies is taken, for the purposes of Part IV of that Act, to be an officer (within the meaning of Division 9A of Part III of that Act) specified, or included in a class of such officers specified, in a declaration under subsection 81C(1) of that Act.".

This amendment relates to a relatively minor mechanical error. We are simply taking the opportunity to correct a problem. The Special Broadcasting Service Bill provides that the SBS will employ staff under its own legislation rather than under the Public Service Act. The intention is to provide the SBS with a flexible staffing regime that can accommodate a range of employment arrangements. The purpose of the proposed amendment is to ensure that SBS officers who have been appointed to the SBS under the Public Service Act but who will compulsorily become officers employed under the SBS Act are covered by the second tier of the officers mobility rights under division 3 of part IV of the Public Service Act.

  Second tier coverage provides that the staff involved cease to be APS officers but do retain certain rights, including the right to apply for promotion and transfer to APS vacancies. They also have certain rights in relation to re-appointment to the APS if certain conditions have been fulfilled. These amendments are consistent with those put in place when establishing all other statutory authorities, such as the Australian Maritime Safety Authority and the Federal Airports Corporation.


Senator Alston —Just to be clear—do they lose any rights by transferring out?


Senator COLLINS —To the best of my knowledge the answer is no. These are standard provisions when legislative changes are made affecting the status of a person's employment in respect of what was formerly a Public Service appointment. This means that those officers who were employed under the Public Service Act retain the rights that they had under that Act.

  Amendment agreed to.

  Clause, as amended, agreed to.

  Remainder of Bill—by leave—taken as a whole, and agreed to.

  Bill reported with amendments; report adopted.