ADVERTISING FOR PUBLICLY FUNDED EMPLOYEES BILL

Second Reading

Adjourned debate on second reading.

(Continued from 15 November 2012.)

Dr CLOSE (Port Adelaide) (11:07): The government opposes this bill. The member for Fisher tabled the Advertising for Publicly Funded Employees Bill 2012 on 5 April. The bill proposes that where the public sector seeks applications for employment by advertising vacancies such advertisements must disclose the remuneration or remuneration range for the particular vacancy. For the purposes of the bill, publicly funded employment is defined as:

(a) a public sector employee within the meaning of the Public Sector Act 2009; or

(b) an employee of a council under the Local Government Act 1999; or

(c) an employee whose remuneration will be partly or wholly funded by the State government or by a council under the Local Government Act 1999,

The bill also proposes that where an employer fails to publish the remuneration or remuneration range for an employment vacancy then the employer will be guilty of an offence. Vacancies in the South Australian public sector are generally filled by merit-based selection processes in accordance with regulation 16 of the Public Sector Regulations 2010. Regulation 16 specifies that applications are to be sought by notice published as required by the Commissioner of Public Sector Employment.

The notice of vacancies constitutes the notice for the purposes of Public Sector Regulations 2010 and is available in both online and hard copy formats. When advertising vacant positions it is generally the practice of South Australian government departments to indicate a remuneration level and/or salary range. Where remuneration level or salary range is not published, a practice generally restricted to senior executive/chief executive vacancies, such information may be ascertained upon inquiry. Public sector salaries are not kept hidden.

The remuneration levels of non-executive staff do not generally fall within an inordinately high range, and such remuneration levels are generally the subject of industrial agreements, such as awards and enterprise agreements, that specify the salaries of public sector staff. Such industrial agreements are publicly available on a number of websites at either the departmental level or at an Industrial Relations Commission website.

The senior executive and chief executive roles have a range in which total remuneration packages may be negotiated. A South Australian government department may discuss indicative packages with intending applications. However, the total remuneration package negotiated with senior executives will depend on the particular experience and capabilities of the individual and, to some extent, the market. It is also the policy of the South Australian government that the contracts of senior executive employees are subject to public disclosure processes, with the personal details of the individual being removed.

The remuneration packages of senior executive employees are also reported in departmental annual reports. It is understood that council employees are employed pursuant to the Local Government Act 1999 and adopt a similar practice to that of state public sector employment, although the Minister for State/Local Government Relations may seek to provide additional information. Local councils are empowered to employ staff in accordance with the Local Government Act 1999 and their own specific recruitment policies.

Like their public sector counterparts, vacancies are advertised with remuneration determined by the relevant industrial instruments, and senior executive advertisements do not specify the total remuneration package value. This enables an appropriate package to be negotiated with the suitable candidate in accordance with their experience and capabilities. Furthermore, section 105 of the Local Government Act 1999 mandates that the chief executive officer of a local council must ensure that a register of remuneration, salaries and benefits is maintained.

This register will include the title of each position, the remuneration level and associated salary scales, and the details of any allowances or benefits paid or provided to employees as part of the remuneration package. Any interested party is entitled to inspect the register at the principal office of the council during ordinary business hours.

The current policy and practice regarding the recruitment and employment of both state and local government employees adequately addresses the concerns raised by the member for Fisher, and the proposed bill does little to enhance existing accountability and disclosure mechanisms.

The Hon. R.B. SUCH (Fisher) (11:11): I do not think the intention of this is unreasonable: when the taxpayer or ratepayer is paying someone's salary, I think they are entitled to know the salary being offered for that particular position. As MPs, we often get caned when people trot out our magic salary figure—it is not a secret; anyone can look it up and find out. While I know there is no exact comparable position, I think if people looked at what others are being paid in the public service, councils and so on, they would put the whole issue into context.

I did not put forward the bill for that purpose, but I think there is a fundamental entitlement. If you are a taxpayer or ratepayer, you are entitled to know the salary being offered for a publicly-funded position; I do not think that is unreasonable at all. I would have thought it would be a basic principle in the context of an open and transparent government.

I will not be too specific, as people can draw their own inference, but the person I challenged back in 1989 who lost his seat actually came out on top because, as far as I know, he went on into the Public Service to earn quite a lot more than what I currently earn. I do not begrudge him that, nor am I saying anything about that in any other way; I just point out that—

The Hon. I.F. Evans: He doesn't get to sit through private members' time though.

The Hon. R.B. SUCH: He does not hear the 'adjournment' word as often. We all know we do not do much work for the pay we get, but, seriously, the general public has no idea. People who ring talkback radio—I feel for a lot of them; they may be on pensions, have low incomes, or receive disability pensions—are just not in touch with what is being paid. I think a lot of them would be surprised to find out that a lot of people in local government, for example, who are not even at the top level get more money than a backbencher in here.

Likewise, in the Public Service; the same thing applies. I think it is incumbent on government and councils to indicate a salary range when advertising a position that is paid by the taxpayer or ratepayer. You do not necessarily have to say, 'Mr or Ms X is getting this much,' but the salary range should be quite clear when the position is advertised. I think that would help demystify the whole process, and I think it should be fundamental in a democratic society. I understand that this is not going to get up, but, once again, I think it is an initiative that needs to be progressed down the track.

Second reading negatived.