10396 LEGISLATIVE COUNCIL Tuesday 3 April 2012 __________ The President (The Hon. Donald Thomas Harwin) took the chair at 11.00 a.m. The President read the Prayers. RETAIL TRADING AMENDMENT BILL 2012 Bill received from the Legislative Assembly, and read a first time and ordered to be printed on motion by the Hon. Michael Gallacher. Motion by the Hon. Michael Gallacher agreed to: That standing orders be suspended to allow the passing of the bill through all its remaining stages during the present or any one sitting of the House. Second reading set down as an order of the day for a later hour. UNITED INDIAN ASSOCIATION ANNUAL SENIORS FORUM Motion by the Hon. AMANDA FAZIO agreed to: 1. That this House: (a) notes that the United Indian Association [UIA] held its Annual Seniors Forum on Saturday 24 March 2012 at Granville Town Hall, and (b) congratulates the United Indian Association on celebrating Senior's Week with this important event. 2. That this House notes that: (a) the United Indian Association Seniors Forum was addressed by a range of speakers including: (i) the Hon. Andrew Constance, MP, Minister for Ageing and Minister for Disability Services, (ii) the Hon. Barbara Perry, MP, shadow Minister for Family and Community Services, shadow Minister for Aboriginal Affairs, shadow Minister for Ageing and shadow Minister for Disability Services, (iii) Ms Julie Owens, MP, Federal member for Parramatta, (iv) Mr Tony Issa, MP, member for Granville, (v) Mr Purshotam Arora, a visiting yoga teacher from India, (vi) Mr Dave Passi, Secretary of the Indian Seniors Group Hornsby, and (b) the cultural program was provided by Vinod Rajput and Band Baaja. 3. That this House notes the contribution to the organisation and success of the forum of Mrs Sumati Advani, President of the Sydney Sindhi Association and coordinator of the United Indian Association Seniors Program, Mr Amarinder Bajwa, President of the United Indian Association, Mrs Aruna Chandrala, President of the Global Women's Network, and Mr Renga Rajan, Secretary of the United Indian Association. HOLI MAHOTSAV FESTIVAL Motion by the Hon. AMANDA FAZIO agreed to: 1. That this House notes that: (a) the Bharatiya Vidya Bhavan held the tenth anniversary of Holi Mahotsav, the Indian festival of colours, friendship and harmony, at Tumbalong Park in Darling Harbour from 23 to 25 March 2012, 3 April 2012 LEGISLATIVE COUNCIL 10397 (b) Holi has Hindu religious origins, is said to represent the victory of righteous forces and celebrates the Hindu mythology of the love of Krishna and Radha, (c) since its inception, the festival has grown from a one-day event to become a three-day event, which is the largest Indian festival held in central Sydney each year, (d) nearly 1,000 artists, both local and international, performed during the festival and presented a mixture of culture, spirituality and entertainment, (e) the cultural performances included: Indian, Bollywood, classical, Bhangra and belly dance, fusion and folk music, Punjabi songs, Balinese and Chinese performances and two flash mobs, (f) the music and dance, yoga, prayers, meditation activities and dance and art workshops lasted for all three days and visitors were able to enjoy delicious vegetarian Indian food and craft stalls, (g) the first day of the festival was dedicated to schools, young people and children who participated with group performances and art workshops, and the special school day has become an annual tradition with the New South Wales Department of Education and Communities facilitating the attendance of public school students, (h) on Saturday, there was a large street procession from Martin Place through the Sydney central business district and culminating at Tumbalong Park, and the procession included Rath Yatra, a hand pulled chariot, and other community floats, (i) the Sacred Holi Fire ceremony was carried out on Saturday afternoon to drive away evil from society, (j) on Sunday the traditional practice of colour throwing took place in the designated area in multiple sessions throughout the afternoon and this joyful activity brought many people of different cultural backgrounds together and was celebrated with happiness and harmony among the participants, and (k) the festival was addressed on Sunday by the following dignitaries: (i) Senator the Hon. Kate Lundy, Federal Minister for Multicultural Affairs, representing the Hon. Julia Gillard, MP, Prime Minster of Australia, (ii) Mr Craig Kelly, MP, representing the Leader of the Federal Opposition, (iii) Mr Geoff Lee, MP, member for Parramatta, representing the Premier, (iv) the Hon. Amanda Fazio, MLC, representing the Leader of the State Opposition, (v) Dr Phil Lambert, Regional Director, Department of Education and Communities, (vi) Mr Shanker Dhar, Chairman, Bharatiya Vidya Bhavan. 2. That this House: (a) congratulates Bharatiya Vidya Bhavan and especially the President, Mr Gambhir Watts, for staging the Holi Mahotsav Festival, and (b) commends all the volunteers and sponsors who contribute to the success of the festival. BUSINESS OF THE HOUSE Postponement of Business Government Business Orders of the Day Nos 1 to 6 postponed on motion by the Hon. Duncan Gay. PUBLIC SECTOR EMPLOYMENT AND MANAGEMENT AMENDMENT BILL 2012 Second Reading The Hon. MICHAEL GALLACHER (Minister for Police and Emergency Services, Minister for the Hunter, and Vice-President of the Executive Council) [11.12 a.m.]: I move: That this bill be now read a second time. I seek leave to have the second reading speech incorporated in Hansard. Leave granted. 10398 LEGISLATIVE COUNCIL 3 April 2012 I am pleased to introduce the Public Sector Employment and Management Amendment Bill 2012. This bill proposes to update the State's primary public sector employment legislation to improve performance management in the public sector and to ensure that the provisions relating to excess employees are clear and practical to implement. As I have said before, this Government is determined to make the New South Wales public sector the best in the nation and a leader in the world, with unambiguous goals, clear policy directions, transparent processes and consistent accountability. To drive this vision for the public sector the Government has established a Public Service Commission in New South Wales—the centrepiece of our plans for the public sector. On 1 November 2011 the Public Service Commission commenced operation with Mr Graeme Head, a public servant with more than 30 years experience, including 18 years in executive positions in New South Wales and the Commonwealth, as the inaugural Public Service Commissioner We know the community has high expectations of our public services. Better management of our public sector workforce, at all levels, will help to achieve long overdue improvements in service delivery and productivity. The New South Wales Commission of Audit, led by Dr Kerry Schott, has recently issued its Interim Report on Public Sector Management. The Commission has found that, in the New South Wales public sector, "low importance has been attached to financial, people and asset management". The Commission of Audit also notes that many managers do not perceive performance management as an integral part of their job. Managers see it as a human resources [HR] activity, rather than a continuing process of skills development and workforce planning. The Commission of Audit recommends the Public Service Commissioner should, amongst other things, "develop a program to promote the importance of performance management, set minimum standards and encourage each supervisor to understand that performance management, especially conducting appraisals, is an integral part of their job". This Government knows performance management systems are absolutely essential if agencies are to identify areas for improvement, set career goals for individuals, highlight where greater investment or training is required, and acknowledge superior performance. Performance management systems should not focus solely on poor or unsatisfactory performance. The emphasis should also be on recognising achievements, providing training, and, importantly, giving feedback on results. Therefore, this bill amends the Public Sector Employment and Management Act 2002 to require the commissioner to develop and issue guidelines to public sector agencies on the essential elements of performance management systems. The commissioner will be able to issue a direction to public sector agencies about performance management systems. Public sector agencies will also be required, under the proposed section 101A, to develop and implement performance management systems for their staff. Let me be clear, I am not asking the commissioner to dictate a one-size-fits-all performance management system. We recognise that public sector agencies need to tailor their systems to reflect their organisational environment and operational priorities if they are to achieve better outcomes and deliver improved services to their customers. However, properly designed performance management systems in public sector agencies will contribute to the Government's aim to make the New South Wales public sector an employer of choice. Working in the public service is more than a simply a job. Our employees understand this and they show a strong commitment to making life better for everyone in our community. We have a responsibility to ensure that public servants are provided with clear performance targets and opportunities for improving the way they do their jobs. This bill also seeks to amend sections 56 and 57 of the Act. As honourable members would be aware, the Government introduced a new policy for the management of excess employees from 1 August 2011—abolishing Labor's "no forced redundancies" policy. The "no forced redundancies" policy allowed excess employees to drift in a kind of limbo—in some cases for 10 years—without securing a permanent job. That is simply a waste of taxpayer's money. Make no mistake. This Government wants to help public servants who lose their jobs as a result of changing priorities or structural reforms. But employees who cannot be redeployed cannot be kept on the books indefinitely.