Disciplinary procedures in the new ACT Public Service have been codified and streamlined under the Bill to set up a separate ACT Public Service introduced to the Assembly yesterday.
The Bill was introduced despite lack of agreement with the Commonwealth on mobility between the Federal and ACT Public Services.
The Chief Minister, Rosemary Follett, said negotiations were continuing. Ms Follett said she had agreed with the Prime Minister in 1992 that there would be mobility on merit.
(Mobility on merit means the ACT public servants could apply for Commonwealth jobs as “”insiders” and vice versa. It does not mean they can demand they be found a job at their current level in the other service.)
The Commonwealth could not pass its complementary legislation until at least August, Ms Follett said.
Present Commonwealth disciplinary rules rely on common law and general provisions in the Public Service Act about “”improper conduct” or acting contrary to Commonwealth law, public service regulations or authorised instructions.
The new ACT code defines misconduct as breaching any of 17 obligations:
1. to act with reasonable care and skill
2. to act impartially
3. to act with probity
4. to treat members of the public and other public employees with courtesy and sensitivity to their rights, duties and aspirations
5. to make all efforts to assist them understand their entitlements and requirements under law
6. not to harass them sexually or otherwise
7. not to unlawfully coerce them
8. to comply with the Public Sector management Act and all laws of the territory
9. to comply with lawful directions of people in authority
10. to declare and takes steps to avoid conflicts of interest
11. not to take improper advantage of his or her position
12. not to take improper advantage of information received in employment
13. not to disclose information acquired as a consequence of his or her employment
14. not to make a comment which he or she is not authorised to make where the comment may be expected to be taken to be an official comment
15. not to make improper use of territory property
16. to avoid waste and extravagance
17. to report suspected corruption, fraud and maladministration.
The new ACT service would retain the Commonwealth superannuation and workers’ compensation schemes.
The ACT legislation puts all of its Public-Service law in one Act, unlike the Commonwealth’s which is in several bits of legislation.
Ms Follett said a separate service was critical to full self-government. The service had to be responsive to the government of the day. The Bill would give public servants clear direction on their obligations and made them accountable to the government.
To this end the Government had set up a Department of Public Administration reporting to the Chief Minister, rather than a public service commission of a similar statutory authority.