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Legislative Council - Fifty-First Parliament, Third Session (51-3)
2009-03-04 Daily Xml
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PUBLIC SECTOR MANAGEMENT (CONSEQUENTIAL) AMENDMENT BILL

Second Reading

Second reading.

The Hon. P. HOLLOWAY (Minister for Mineral Resources Development, Minister for Urban Development and Planning, Minister for Small Business) (21:58): I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation inserted in Hansard without my reading it.

Leave granted.

This Bill will maintain the honesty and accountability provisions introduced into the Public Sector Management Act 1995 in 2003 and is a companion Bill to the Public Sector Bill 2008. The government's intent remains to ensure an open, honest and accountable government. This Bill seeks to amend the current Public Sector Management Act 1995 so that it will only contain honesty and accountability provisions, while the companion Bill, the Public Sector Bill 2008, will contain the framework for employment, management and governance matters relating to the public sector of the State.

This Bill addresses the duties of corporate agency members, advisory body members, senior officials, corporate agency executives, employees and persons performing contract work. It includes requirements to disclose pecuniary interests and to declare conflicts of interest and to act honestly in performing duties. Having these provisions contained in a single focussed Act allows for ease of use and access.

Non-compliance will continue to be an offence, and will render the offender liable to termination of employment or disciplinary action (which could in turn result in termination of employment).

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

3—Amendment provisions

These clauses are formal.

Part 2—Amendment of Public Sector Management Act 1995

4—Amendment of long title

5—Amendment of section 1—Short title

The long title and short title are altered to reflect the fact that following amendment the Act will contain only the honesty and accountability provisions.

6—Amendment of section 3—Interpretation

Various definitions are amended to refer to the definitions in the Public Sector Bill 2008 and to reflect the language used in that Bill. Definitions not relevant to the honesty and accountability provisions are deleted.

7 to 47—Remaining amendments

These amendments ensure that only the honesty and accountability provisions remain in the Act. There is a minor adjustment to the conflict of interest provision for corporate agency members. A provision is included so that a corporate agency member who is an employee of the agency or an employee employed or assigned to assist the agency will not be taken to have a direct or indirect interest in a matter for the purposes of this section by reason only of the fact that the member is such an employee. The amendment removes the need to include such an exemption in the regulations for specific Acts.

Provisions and Divisions are renumbered.

Debate adjourned on motion of Hon. D.W. Ridgway.

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