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Legislative Council - Fifty-Fourth Parliament, First Session (54-1)
2018-05-08 Daily Xml
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Question Time

Public Sector Employees

The Hon. K.J. MAHER (Leader of the Opposition) (14:28): My question is to the Treasurer. What does the Treasurer understand to be a minister's role in the hiring and firing of public servants below chief executive level?

The Hon. R.I. LUCAS (Treasurer) (14:29): My understanding is informed by the provisions of the Public Sector Management Act and indeed other forms of guidance that are provided to incoming ministers based on the Public Sector Management Act. Put simply, ministers are in a position where they don't have the power to hire and fire anybody. It is the Premier who has the sole capacity in the government to hire and fire chief executive officers. Ministers don't have the power to hire and fire even chief executive officers. Secondly, the power of the Premier representing the government is limited to the position in relation to chief executive officers.

I guess it is arguable in relation to the appointment of ministerial staff, which are gazetted. As the Leader of the Opposition would be aware, ministerial staff actually have a contract with the Premier of the day. So I guess it is certainly arguable that ministerial staff also are subject to hire and fire arrangements from the Premier of the day—again, not the minister of the day. As it relates to members of the Public Service at levels below the chief executive officer, a minister—he or she—has no power to hire or fire in relation to those particular positions.

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