Don Farrell (SA, Australian Labor Party, Deputy Leader of the Opposition in the Senate) Share this | Hansard source

I rise to speak in favour of the Intelligence Services Amendment (Establishment of the Australian Signals Directorate) Bill 2018. It gives effect to recommendations 3(b) and 6 of the 2017 Independent Intelligence Review to establish the Australian Signals Directorate as an independent statutory agency within the Defence portfolio. The intelligence review found that ASD's functions and responsibilities have over time changed such that greater independence within the Defence portfolio is warranted. Labor supports the transition of the ASD to an independent statutory authority and the associated amendments contained in this bill.

I note that, under this bill, staff of the ASD will not be employed by the director-general of the ASD or under the Public Service Act 1999. Under the new legislative framework, ASD staff will be Commonwealth officers and not APS employees. This is the same employment framework that applies to ASIO and ASIS employees. Labor supports this change on the basis that it will give ASD greater flexibility in attracting and retaining its highly specialised workforce.

I note that, in a submission to the Senate committee inquiry into this bill, the Community and Public Sector Union, whilst supporting the establishment of ASD as a statutory authority, raised three possible areas of concern due to the move away from the Public Service Act. These issues were: staff mobility, that is, ease of movement within other APS agencies; redeployment, that is, access to the APS redeployment policy if declared excess or potentially excess; and paid maternity leave as ASD will no longer be covered by the Public Service Act and is not currently a prescribed authority under the maternity leave act. I note that the minister addressed all three of these issues in her earlier contribution to the debate. I thank her for her explanation and assurances that no ASD employee will be disadvantaged by the transition to the statutory authority.