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Legislative Council - Fifty-First Parliament, Third Session (51-3)
2009-05-13 Daily Xml
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PUBLIC SECTOR BILL

Committee Stage

In committee.

Clause 1.

The Hon. P. HOLLOWAY: On behalf of my colleague the Hon. Gail Gago, I would like to place on record the answers to a number of questions that were asked, first, by the Hon. Rob Lucas during his second reading contribution. The Hon. Mr Lucas asked about executives and their tenure arrangements. I am advised that, as at June 2007, 1,191 persons in the public sector were classified as executives. This represents 1.3 per cent of the South Australian public sector workforce.

The SAES is currently available to PSM Act Public Service executives. As at 31 March 2009, there were 552 executives in the Public Service, and 428 of these persons have accepted an SAES contract. In respect of tenure arrangements, executives have been employed on a contractual basis since 1994. On 8 September 2004 the government made a policy decision not to offer fall-back duties for PSM Act executives. Data was not collected on the number of executives who declined to give up tenure when it was offered to them. I am advised that as at June 2008 there were 40 tenured and 131 untenured PSM Act EX category executives. Additionally, there were four tenured and 44 untenured MLS executives, and one tenured EL executive. I am advised that no data has been collected regarding the number, if any, of executives given tenure since the policy change.

The Hon. Mr Lucas also asked about the number of employees appointed other than via a merit process, pursuant to the commissioner's current power to determine classes of cases where merit selection is not required. I am advised that, as of 30 June 2008, 580 employees had been appointed pursuant to section 22(1)(d), and I have a schedule providing the breakdown of those numbers, and I seek leave to have the statistical table inserted in Hansard without my reading it.

Leave granted.


Appointments Pursuant to Section 22(1)(d) of the PSM Act

Section 22(1)(d) Frequency of use as at 30 June 2008
The person to be appointed was clearly the best person for the position based on an assessment of merit and therefore the selection process would be an unnecessary procedure 88
The position is of a critical and short term nature 6
The appointment was required to ensure that whole of government workforce policies can be effectively implemented (such as management of excess and work injured employees) 65
The appointment of a contract employee with a right of appointment to an ongoing position at the end of their contract when this has not been written into their contract 4
The conversion of a contract employee to ongoing (or a 1-5 year contract), where there has been a previous merit based selection process 366
The appointment to an ongoing positions of a temporary contract employee following appointment for 2 or more years in a temporary position ('two year rule'—breach of Section 40(5) of the PSM Act) 14
The appointment of an existing ongoing employee to the same position on a 1-5 year contract where it is necessary to offer special conditions to attract/retain the employee 37


The Hon. P. HOLLOWAY: The Hon. Mr Lucas also asked about ministerial responsibility in relation to an attached officer. The attached officer provisions allow for an alternative structure that allows a chief executive to report directly to a minister regarding policy without having to create all of the bureaucratic structures that normally attend a department. So, the minister to whom the chief executive reports on policy matters will be responsible for those matters.

The Hon. Mr Lucas asked about the duties of corporate agency members and senior executives. The Public Sector Management (Consequential) Amendment Bill 2008, which is currently before the parliament, retains the honesty and accountability provisions (divisions 3 to 9 and section 79A) of the Public Sector Management Act 1995. These are the provisions to which the Hon. Mr Lucas referred. The duties set out in those provisions are all retained and, just as they do currently, those provisions apply to chief executives within the public sector and the Public Service. This, of course, includes the obligation to declare and avoid acting in respect of conflicts involving personal interests.

Mr Lucas asked about the whole of government direction power of the Premier. The Premier's powers under the Public Sector Bill 2008 extend across the public sector, as compared with the Public Sector Management Act 1995, where his powers were limited to the Public Service. The Premier also has the new power to direct the sharing of information and collaboration between agencies. This provision is part of a range of measures set in place towards bringing the whole of government (across the public sector) to work closely together in the achievement of whole-of-government objectives. Other such measures being put in place include the South Australian Executive Service, mobility provisions, more parts of the bill governing the whole of the public sector and more consistent standards.

The Hon. Mr Lucas asked about the new governance provisions. The provisions are set out in clause 10 and are entirely new. They are designed to create greater consistency in governance structures and to ensure transparency. The Hon. Mr Lucas asked whether the Ombudsman is a public sector agency. The answer is, yes, the Ombudsman is a public sector agency, under the definition in the bill.

Finally, the Hon. Mr Lucas asked whether the right to review reclassification decisions exists under the bill. As indicated in my colleague's second reading reply, the right does exist. However, we are also moving amendments to ensure greater protection of this right.

The Hon. Mr Ridgway recently asserted that the matters he raised had not adequately been dealt with in the second reading contribution of the minister. He has again raised issues regarding the increase in public sector workers under this government. As indicated in the second reading, we are proud of the fact that we have increased the number of public sector workers to deliver the services demanded by South Australians in health, education and law and order.

I am advised that, between 2002 and June 2007 (the last date for which we have the relevant data), there was a total increase over all categories by 10,959 FTEs. This includes medical officers, an increase of 642; nurses, an increase of 2,390; other health and community services, an increase of 4,891; education and TAFE—

The Hon. R.I. Lucas interjecting:

The Hon. P. HOLLOWAY: Yes, I assume that is the case—an increase of 1,357; and police and emergency services, an increase of 560. As I have indicated, these increases are a good thing. The government looks forward to addressing the issues raised by members during the committee stage.

Progress reported; committee to sit again.

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