Coddington Deborah: State Sector Amendment Bill (No 3) — Second Reading Instruction to Committee In Committee Third Reading 
Coddington Deborah: State Sector Amendment Bill (No 3) — Second Reading Instruction to Committee In Committee Third Reading 
[Volume:616;Page:12179] 
DEBORAH CODDINGTON (ACT) 
: 
 I would like to turn to section 74AB (1) inserted by clause 4concerning boards of trustees. It has been changed slightly from what originally came to the select committee. When we first got this bill boards of trustees were totally liable for any financial claims for costs or damages that might arise from the exercise of powers conferred on the commissioner. That has been changed to state that in any claims or proceedings the board of trustees becomes liable for anything the commissioner does—so if the commissioner makes a decision and does something the board of trustees is liable for any claims. But the commissioner now must out of money appropriated for the purpose by Parliament indemnify the board for those costs or damages. 
So far so good but we then go on to section 74AB(2) which states the board of trustees may not be indemnified for any costs or damages if the costs or damages have arisen out of conduct that in the reasonable opinion of the commissioner is not in good faith or is engaged in without reasonable care. Here we have a commissioner doing something that places the boards of trustees in a vulnerable situation where they can be liable for costs or damages but the commissioner then decides whether what has happened has not been done in good faith or without reasonable care before taking responsibility for indemnifying them for those costs and damages. That is a totally worthless and meaningless indemnity clause. We might just as well have been honest and stuck to the draconian clause that was there in the first place. At least boards of trustees would have known how vulnerable they are and how vulnerable they will be when this legislation is passed. 
Why does the Minister not take a call to tell us what his definition of good faith is or engaging in something without reasonable care? But of course it will not be the Minister who decides under this legislation; it will be the State Services Commissioner. Here we have a Minister who is both Minister of Education and Minister of State Services; therefore he is in a perfect situation totell the Committee what is meant by this provision because most sensible people will read it as being totally meaningless. When this legislation is passed boards of trustees will be extremely vulnerable in terms of costs and damages. 
Who will suffer? Where will that budget come from? It will come from the school budget. It will not come from Parliament because the State Services Commissioner will do everything he or she can to make sure that it does not come from Parliament and that it comes back to the schools and out of the school budget. Again learning will be the loser. 
We have heard a lot of rhetoric today about the ACT party purportedly supporting the principle that if people go on strike they should also get paid. If members were listening they would know that that is not what we have been saying at all. I have consistently said that during strikes many boards of trustees decided not to pay their teachers at all. That is the right we are arguing for. We are arguing for those boards of trustees to retain the right not to pay their teachers or if they wish to pay them in order to keep good relationships going. 
This legislation will further damage the relationship between boards of trustees and their employees—the teachers. To all intents and purposes they are the employees; in reality it is the Minister who employs them because through the State Services Commissioner they will be told where to go and whether they should be paid. Under this legislation the decisions that allow those boards of trustees to keep good relationships with their teachers will be taken away from them. They will be put further into a bad situation and there is no guarantee that strikes will not happen.