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| Madam Speaker, I move that the bill be now read a second time. The Administrative Arrangements Order made by the Administrator on 9 December 2010 transfers responsibility for the day-to-day administration of the Health and Community Services Complaints Act to the Department of Justice. Under the previous Administrative Arrangement Order of February 2010 no agency had responsibility for the act. The responsibility rested solely with me as the minister. Under the new Administrative Arrangements Order I retain ministerial responsibility as the Minister for Health. This is appropriate because the act deals with health complaints. For the period from the commencement of the act on 10 June 1998 until 29 August 2010 the Ombudsman had the position as commissioner. This also meant the Ombudsman had responsibility for the day to day administration of the act. During 2010, the current Ombudsman indicated that she did not want to be reappointed when her current appointment expired. The former commissioner also suggested in her annual report for 2008-09 that in view of the commission’s significantly increased role a review of the dual positions of commissioner and Ombudsman was desirable. The commissioner noted that separate appointments would: � first, remove actual conflicts of interest as well as public perceptions of conflicts; � second, provide the public with a more equitable health complaints service given that one person cannot adequately perform the duties of both functionaries during this period of reform in the delivery of health services; and � third, enable greater and more effective participation in national initiatives. It is generally agreed the function of Ombudsman and Health and Community Complaints Commissioner are potentially incompatible given that the commissioner, like many other independent statutory officers, is potentially subject to the jurisdiction of the Ombudsman concerning some administrative actions. It was also decided, as a matter of policy and governance, that the office of the commissioner should not be administered by the Department of Health given the department is a provider of services that are subject to the commissioner’s complaint jurisdiction. Accordingly, administration of the act has been brought into the Department of Justice. The act has a number of provisions that reflect the policy positions taken in 1998, namely the commissioner’s position be held by the Ombudsman. These includes provisions consequent to the very special relationship between the Legislative Assembly and the Ombudsman concerning appointing and suspending the Ombudsman. This special relationship does not exist between the Assembly and other important and independent statutory office holders such as the Director of Public Prosecutions, Anti-Discrimination Commissioner, Registrar-General, Public Interest Disclosure Commissioner and Commissioner for Consumer Affairs. Indeed, involving the Assembly and the appointment and suspension processes potentially introduces political overtones. This bill seeks to amend the act so the Administrator, in appointing or suspending the commissioner, is no longer required to act on the recommendation of the Legislative Assembly. The bill also clarifies some ambiguities regarding the employment relationships and status of the staff of the commission. As with the Ombudsman’s staff and the staff of most other independent officers, the employees of the commission are to be public sector employees as defined in the Interpretation Act. This, in fact, maintains the status quo. The bill also amends the act so that it is plainer that statutory powers are exercised separately from employment powers derived from the Public Sector Employment and Management Act. The bill also puts in statutory form the commissioner’s capacity to hire as consultants persons such as lawyers and medical experts. Consultants provide independent advice and are not employees for the purpose of the act. The bill also makes amendments of a statute law revision nature as identified by the office of the Parliamentary Counsel. Penalties amendments are being dealt with in a separate bill. I also take this opportunity to formally advise members that I intend to finalise the statutory review of the operation of the act. This will involve the Department of Justice and the Commissioner for Health and Community Services Complaints providing me with an updated report on the act. It is intended the department and the commissioner will, in developing this report, engage in significant public consultation. I anticipate being in a position to introduce any necessary amendments to the act by the end of 2011. Madam Deputy Speaker, I commend the bill to honourable members and table a copy of the explanatory statement. Debate adjourned. |