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Legislative Council - Fifty-First Parliament, Third Session (51-3)
2009-10-29 Daily Xml
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STATUTES AMENDMENT (PUBLIC SECTOR CONSEQUENTIAL AMENDMENTS) BILL

Introduction and First Reading

Received from the House of Assembly and read a first time.

Second Reading

The Hon. P. HOLLOWAY (Minister for Mineral Resources Development, Minister for Urban Development and Planning, Minister for Small Business) (18:13): 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.

The South Australian Public Sector is the State's largest employer. The recently enacted Public Sector Act provides a modern and streamlined employment framework in support of a high performance public sector. We need a high performance public sector to capitalise on the State's prospects for strong economic recovery and sustained growth, as well as improving community wellbeing and environmental sustainability. Under the Act, agencies and employees across the whole of the public sector (not only the Public Service) will be governed by a comprehensive set of principles, with greater emphasis on 'one government'. The principles are intended to help make the South Australian public sector an employer of choice, encouraging the development of its employees, and providing rewarding and flexible working conditions.

This Bill is the next stage in implementing the new framework. It amends various Acts consequent on the enactment of the Public Sector Act 2009 and the Public Sector Management (Consequential) Amendment Act 2009.

Those Acts replace the Public Sector Management Act 1995 with 2 measures:

the Public Sector Act 2009 – containing annual reporting, employment management and immunity provisions; and

the Public Sector (Honesty and Accountability) Act 1995—containing conflict of interest and other honesty and accountability measures.

The changes effected by this Bill include:

replacing all references in Acts to the Public Sector Management Act 1995 (or its predecessors) with reference to either the Public Sector Act 2009 or the Public Sector (Honesty and Accountability) Act 1995, as appropriate;

removing provisions in Acts relating to conflicts of interest for public sector administrators and others to ensure consistency through reliance on the approach in the Public Sector (Honesty and Accountability) Act 1995;

removing provisions in Acts providing immunity from liability for public sector administrators and others to ensure consistency through reliance on the immunity provision contained in the Public Sector Act 2009;

substituting references to particular departments and officers with references that will continue to work despite rearrangements of the Public Service structure;

making other consequential amendments to update references to the terminology and approach of the Public Sector Act 2009 (for example, by modifying references to Public Service positions, the title of the Commissioner and altering references to departments to references to administrative units so as to include attached offices where appropriate).

The conflict of interest provisions in the Public Sector (Honesty and Accountability) Act 1995 will be complemented by provisions in the Public Sector Corporations Act 1993 and the Local Government Act 1999. In the case of the public sector, exemptions in relation to particular interests are currently set out in the Public Sector Management Regulations 1995. The Bill brings most of those exemptions up into the relevant special Acts. Where considered appropriate, the Bill applies the public sector provisions to committees of a statutory body as if they were advisory committees within the meaning of the Public Sector (Honesty and Accountability) Act 1995 (see for example the amendments to the Environment Protection Act 1993 and the Zero Waste SA Act 2004). Provisions that provide special conflict of interest provisions for persons to whom functions and powers are delegated and for inspectors will remain on the Statute Book.

The immunity provisions in the Public Corporations Act 1993 for bodies to which that Act is applied are brought into line with the public sector immunity provision. Immunity for local government officers is dealt with in the Local Government Act 1999. Immunity provisions for public sector bodies will remain on the Statute Book as follows:

provisions forming part of a uniform legislative scheme (for example, the electricity, gas and rail safety schemes);

provisions providing immunity for criminal liability for dealing with emergencies;

provisions providing immunity to police officers under the Police Act 1998;

provisions providing absolute immunity to courts, including non-judicial officers and mediators, and tribunals; and

provisions providing absolute immunity (to officers and the Crown) in certain areas of potentially high risk, including, for example, the administration of the food laws and genetically modified crop laws, clamping and impounding of vehicles, carrying out forensic procedures, the making of public statements under the Fair Trading Act, the preparation of storm water management plans under the Local Government Act, the destruction of animals and plants under the Natural Resources Management Act and matters covered by the River Murray Act.

I commend the Bill to Members.

Debate adjourned on motion of Hon. T.J. Stephens.


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