Joe Ludwig (Queensland, Australian Labor Party, Manager of Opposition Business in the Senate) Share this | Hansard source

I will not take up too much time. I reject those submissions. I think, ultimately, there is the ability for this area to create adverse consequences for people who are then not found to be guilty of a category 3 breach. Access to the commission is fettered in the sense that it is not open for them to go there for a grievance that is short of a dismissal. I understand the position of the serious misconduct area as well; however, it starts to escalate significantly for employees when they have to find significant resources to follow their grievance through. It does not provide an easy mechanism, especially for those who might find themselves in the category 3 area.

Category 3 will not always directly be dismissals. They may be investigated, and the AFP appointee is in a position where they have not been terminated, they have got no access to claim for an unfair dismissal, they have got no access to claim a conciliation conference before the commission and they do not have access to an external independent mechanism for review. So, on that basis, what seems to be missing is the ability for the person who is aggrieved or is the subject of the investigation to say, ‘I need an external review mechanism that is quick, simple and not particularly expensive in the process but fair and independent of the force.’ In that instance, I think this amendment is an improvement. I know it is not going to get up but I would ask you to keep it under serious consideration.

Question negatived.

Bill agreed to.

Bills reported without amendment; report adopted.