A report into a bill to prevent outsourcing in the ACT's public service has recommended greater safeguards be put in place, after the territory government's watchdogs expressed concerns the bill eroded their independence.
But the opposition chair of the Legislative Assembly's standing committee on public accounts, Elizabeth Kikkert, has argued that does not go far enough and the bill should not pass in its current form.
The ACT Integrity Commission, Auditor-General, Office of the Legislative Assembly, Ombudsman and the Electoral Commission all expressed concerns about the bill, which gave power for the Chief Minister to determine a framework for insourcing.
The proposed laws would require the ACT public sector to source jobs, where possible, from within its rank. The amendments to the Financial Management Act
However, the public accounts committee, which examined the bill, recommended the Chief Minister's power be watered down with the framework to be a disallowable instrument not a notifiable instrument. A notifiable instrument does not have to be presented to the ACT Legislative Assembly.
The committee also recommended that the bill be amended to ensure the independent ACT government entities could consider the framework and were not subject to any executive directions.
But Mrs Kikkert disagreed and said that the Office of the Legislative Assembly and watchdogs be completely exempt from the bill.
"Introducing legislation that even implies the potential undermining of independence damages government credibility and must be avoided," Mrs Kikkert wrote in a dissenting report.
She said the bill should not be passed in its current form.
"Independent watchdogs in the ACT have unitedly raised concerns that this bill could erode their independence," Mrs Kikkert said.
"Passing the bill as drafted despite these concerns could be seen as a power grab whether or not anything happens.
"This is a foolish and arrogant move at a time when trust in many public institutions is already in decline."
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The ACT government has argued the bill did not affect the independence of the territory government agencies and that it was similar to changes made by the federal government in 2013.
Industrial Relations Minister Mick Gentleman, who represented the government in its submission, said the bill merely paved the way for the establishment of the insourcing framework. He said the framework could be developed to ensure safeguards for the independent agencies.
"This governments commitment to insourcing demonstrates the value it places on the territory's public service and secure employment," he said.
"The insourcing framework is being developed to have a sophisticated approach to analysing proposed government outsourcing of services and work.
"If the Officers of the Assembly have concerns as to how that insourcing framework will operate, I welcome their views and their concerns."
The bill is part of a commitment in the Labor-Greens power-sharing agreement to "legislate to prevent the outsourcing or privatisation of public sector jobs".
