Anthony Chisholm (Queensland, Australian Labor Party, Assistant Minister for Education) Share this | Hansard source

The government has consulted broadly on the permanent model of Jobs and Skills Australia, including the establishment and membership of the tripartite ministerial advisory board. Throughout our consultations stakeholders were clear in their desire for the ministerial advisory board to have a balance of unions and employer groups, and we have reflected that in this bill with four representatives from each. Senator Tyrrell's amendment gives further clarity to that balance. It would ensure that the up to four additional members to be appointed to the ministerial board under paragraph 16B(1)(e) are appointed because of their experience or knowledge as set out in subsection 16B(4) and are not representatives of employer organisations or unions. Further, all members of the board must meet their appointment requirements set out in subsection 16(4).

Specifically to be appointed to the board, members must have experience or knowledge in areas relevant to the work that the ministerial advisory board will be undertaking: for example, experience in VET; higher education; workplace planning; economics; labour market analysis; employment; industry; industrial relations; regional, rural and remote Australia; lived experience of disadvantage in the labour market; or lived experience as a representative of people with lived experience of disadvantage in the labour market. The amendment proposed by Senator Tyrrell is consistent with the government's position further outlined in the explanatory memorandum, on page 17, which states that the employer or trade union groups would have appropriate and equal representation on the ministerial advisory board and that the remaining four positions would not be available to representatives of employer or trade union groups, ensuring broad representation on the ministerial advisory board. This confirms the intended interpretation of subsection 16B(1) is to appoint members based on their high level in specific areas of expertise and to ensure equal and balanced tripartite representation.

The amendment in its current form proposed by Senator Tyrrell has removed the restriction on the minister being able to appoint someone under paragraph 16B(1)(e) who represents a member of an employer organisation. This has been done to ensure consistency in legislative drafting, given subsection 16B(1) only refers to members representing employer organisations and employee organisations and not representatives of members of employer organisations. However, the legislation addresses Senator Tyrrell's concern through further safeguards. For example, supporting Senator Tyrrell's amendments are sections 16F and 16G of this bill, relating to conflicts of interest. A member of the ministerial advisory board is required to give the minister written notice of all interests pecuniary or otherwise that the member has that could conflict with the proper performance of the member's functions. This provision in the legislation ensures the minister is aware of and can take appropriate steps to manage any disclosed interests. It is envisaged that a board member representing a member of an employee organisation or employer organisation would be a required disclosed interest. Similarly, section 16G requires disclosures of interests pecuniary or otherwise by a member of the ministerial advisory board.

The government has also ensured in its legislation that members must act in an impartial and independent manner when giving advice to the minister and the JSA Commissioner. This clause, 16B(6), ensures that members will be under an obligation to act impartially and further addresses Senator Tyrrell's concerns to ensure that members appointed pursuant to paragraph 16B(1)(e) act impartially and independently having regard to their skill, knowledge and experience. Importantly, a failure to act in an impartial and independent manner in accordance with 16B(6) is grounds for the minister to terminate that relevant member under paragraph 16B(2)(b). This legislated requirement will ensure members must act and provide advice based on their skills, knowledge and experience in accordance with subsection 16B(4). Further to this, subsection 16A(2) requires that the minister determines the ministerial advisory board's terms of reference and terms and conditions of appointment of members of the ministerial advisory board, other than those provided for and in the act and procedures, which must be followed.

These terms of reference and terms and conditions will further clarify the role and intention of the appointment of members of the board, including the additional four members. These terms of reference will determine the functions of the board and, consistent with 16F, that members are required to properly perform their functions or otherwise disclose any interests that could conflict with the proper performance of these functions. This will provide further protection to the tripartite and balanced nature of the board by ensuring that members perform their functions as set out in the terms of reference.

The government will support the amendment, and we thank Senator Tyrrell and her office for their engagement on this issue.