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Legislative Council - Fifty-Second Parliament, Second Session (52-2)
2012-09-04 Daily Xml
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PUBLIC SERVICE EMPLOYEES

In reply to the Hon. R.I. LUCAS (14 February 2012).

The Hon. I.K. HUNTER (Minister for Communities and Social Inclusion, Minister for Social Housing, Minister for Disabilities, Minister for Youth, Minister for Volunteers): The Minister for Water and the River Murray has been advised:

1. The terms of the separation package accepted by the individual, included the following restrictions of trade:

The employee not applying for, accepting, engaging in, or remaining in any employment whatsoever (whether as an employee, trainee or apprentice) in the South Australian public sector, whether or not remunerated or otherwise and whether temporary, casual, contract, ongoing or by appointment, for a period of 3 years from the date on which the employee's resignation takes effect;

the employee agreeing that he or she or any associated entity, will not enter any contract to provide services to a public sector agency for a period of 3 years, whereby the employee is to personally perform all or a substantial part of the work to be performed under that contract;

the employee agreeing that he or she will not for a period of 3 years, perform the same or similar work functions for a third party, in respect of work required under a current contract to be provided by that third party to a public sector agency.

2. The employee separated from the former Department of Water, Land and Biodiversity Conservation on 5 September 2003.

3. The individual informed the employment agency that they had separated from Department of Water, Land and Biodiversity Conservation on 4 September 2003 and, as such, on 4 September 2006—three years later to the day—the individual was re-engaged through the agency to commence work in Department of Water, Land and Biodiversity Conservation. Unfortunately, the individual was mistaken in stating to the employment agency that they had separated on 4 September 2003 as they had actually separated from Department of Water, Land and Biodiversity Conservation one day later, on 5 September 2003.

The Department of Treasury and Finance advised that their current interpretation of the exact day that an individual may be re-employed after taking a separation package from the State Government is that is should occur the day after the conclusion of the three year period, not the day of conclusion of the three year period. In this case, given the actual separation date of 5 September 2003, current interpretation suggests that re-engagement should have occurred on 6 September 2006. The exact interpretation of the policy at the time of hiring the individual is not known.

Although technically incorrect based on current policy interpretation, given the individual's declaration of a mistaken separation date to the employment agency and issues of interpretation around the exact conclusion of the three year period, this administrative error was made with the intent of adhering to existing policies.

As a result of this administrative error, the individual was re-employed no more than two working days earlier than current interpretations of the policy would consider appropriate.

4. The terms of the re-engagement were for the employment agency to provide the services of the individual to undertake a discrete piece of work, on a full time basis for three months, at a set hourly rate.

5. The public servant responsible for hiring the individual has been directed to relevant State Government policies. In addition, Departmental human resource processes have been updated to reduce the possibility of this occurring in future; this included updating the Department's Recruitment and Employment Policy.

6. The services provided by the individual were of an engineering nature related to asset management planning. The contract with the employment agency was for the period 4 September 2006 to 15 December 2006.

The contractor was subsequently engaged on similar terms for the periods:

21 March 2007—21 December 2007;

31 January 2008—2 April 2008; and

19 May 2008—1 December 2010.

7. The contract entered into with the employment agency was based on an annual salary of $74,730, which was paid on an hourly rate based on the number of hours actually worked.

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