Sue Lines (President) Share this | Link to this | Hansard source

I will first deal with the second reading amendment circulated by Senator David Pocock. The question is that the amendment on sheet 2481 be agreed to.

Senator Pocock's circulated amendment—

At the end of the motion, add ", but the Senate:

(a) notes that effective whistleblower protections are a central feature in ensuring transparency, integrity and accountability in the Australian Public Service; and

(b) is of the opinion that:

(i) reform to the Public Interest Disclosure Act 2013 must be a priority before the end of this term of Parliament, with comprehensive, accessible reform that ensures public servants can speak up safely and securely about wrongdoing,

(ii) until such reform is enacted, Australian whistleblowers will continue to be discouraged from speaking up about wrongdoing,

(iii) law reform for public and private sector whistleblowers must be accompanied by institutional changes to ensure whistleblowers are appropriately supported and assisted to blow the whistle; and

(iv) following the bipartisan recommendations of the Senate Select Committee on Public Interest Whistleblowing in 1994 and the Parliamentary Joint Committee on Corporations and Financial Services in 2017, a whistleblower protection authority must be established to oversee and enforce whistleblowing laws and support whistleblowers".

Sue Lines (President) Share this | Link to this | Hansard source

I will now deal with the Committee of the Whole amendments, starting with the amendment circulated by the government. I understand the minister has a document to table.

Katy Gallagher (ACT, Australian Labor Party, Minister for the Public Service) Share this | Link to this | Hansard source

I table a supplementary explanatory memorandum relating to the government amendments to be moved to this bill.

Sue Lines (President) Share this | Link to this | Hansard source

The question is that items 3 to 5 of schedule 1 stand as printed.

The government opposed items 3 to 5 of schedule 1 in the following terms

(2) Schedule 1, items 3 to 5, page 3 (line 17) to page 5 (line 8), to be opposed.

Question negatived.

The question now is that amendments (1) and (3) to (10) on sheet PM101 be agreed to.

Government circulated amendments—

(1) Schedule 1, item 1, page 3 (lines 7 and 8), omit the definition of APS Purpose Statement in section 7.

(3) Schedule 1, item 8, page 6 (after line 27), after paragraph 44A(4)(b), insert:

(ba) ensure that the person or persons who undertake the review consult the Agency Minister of the Agency in undertaking the review; and

(4) Schedule 1, item 8, page 6 (after line 31), after paragraph 44A(4)(c), insert:

(ca) decide whether to do either of the following under subsection (11):

(i) remove material from the copy of the report that is to be published;

(ii) not publish the report; and

(cb) give the Public Service Minister:

(i) the report; and

(ii) notice of the decision mentioned in paragraph (ca); and

(iii) if material is removed as mentioned in subparagraph (ca)(i)—the copy of the report that is to be published; and

(5) Schedule 1, item 8, page 6 (line 32), omit paragraph 44A(4)(d), substitute:

(d) unless a decision not to publish the report is made under subsection (11)—ensure that the report or the copy mentioned in subparagraph (ca)(i) of this subsection (as the case may be) is published on an Agency website as soon as practicable after the report is given to the Public Service Minister.

(6) Schedule 1, item 8, page 7 (after line 14), after subsection 44A(8), insert:

Report to be tabled

(8A) Subject to subsections (8B) and (8C), the Public Service Minister must cause a copy of a report of a capability review under subsection (1) or (3) to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.

(8B) If the person who caused the capability review to be undertaken has removed material under subsection (11), the copy of the report that the Public Service Minister must cause to be tabled for the purposes of subsection (8A) is the copy that is, or is to be, published.

(8C) Subsection (8A) does not apply if the person who caused the capability review to be undertaken has decided under subsection (11) not to publish the report.

(7) Schedule 1, item 8, page 7 (line 21), omit "Despite paragraph (4)(d)", substitute "For the purposes of paragraph (4)(ca)".

(8) Schedule 1, item 8, page 7 (line 24), after "that is", insert "to be".

(9) Schedule 1, item 10, page 9 (after line 11), after subsection 64A(3), insert:

(3A) As soon as practicable after a long-term insights report has been completed, the Secretaries Board must give the report to the Public Service Minister.

(3B) The Public Service Minister must cause a copy of a long-term insights report to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.

(10) Schedule 1, item 10, page 9 (lines 12 and 13), omit "it has been completed, a long-term insights report", substitute "a long-term insights report has been given to the Public Service Minister, the report".

Question agreed to.

I will now deal with amendments circulated by Senator Thorpe. The question is that amendments on sheet 2606 and 2611 be agreed to.

Senator Thorpe's circulated amendments—

SHEET 2606

(1) Schedule 1, page 3 (after line 10), after item 1, insert:

1A Subsection 10(3)

Repeal the subsection, substitute:

Respectful

(3) The APS respects all people, including their rights and their heritage, and specifically their human rights as per international human rights obligations by making decisions and providing advice consistent with human rights and actively implementing, promoting and supporting human rights.

_____

SHEET 2611

(1) Schedule 1, page 3 (after line 10), after item 1, insert:

1A Subsection 10(3)

Repeal the subsection, substitute:

Respectful

(3) The APS respects all people, including their rights and their heritage, and specifically their human rights as per international human rights obligations.

Question negatived.

Nick McKim (Tasmania, Australian Greens) Share this | Link to this | Hansard source

by leave—I ask that the Greens' position in support of those amendments be noted.