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Letting of Contracts at Central TAFE Public Hearing AM session

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10/20/mjd<br />

I accept wh<strong>at</strong> you say, there are two streams if you like.<br />

On the one side you have procurement and th<strong>at</strong>'s governed by<br />

the supply policies <strong>of</strong> the St<strong>at</strong>e Supply Commission which<br />

require open and competitive competition and on the other<br />

hand you have employment and th<strong>at</strong>'s governed by the public<br />

sector standards which also require open and competitive<br />

merit based selection processes and because those two areas<br />

govern the different sides the field is covered, is it not,<br />

th<strong>at</strong> open and competitive policies cover both sides?<br />

---Yeah, well the public sector standards apply to<br />

employment over six months. Now, the problem with Arwa's<br />

casual employment was th<strong>at</strong> it was never supposed to go<br />

beyond th<strong>at</strong> throughout the process. So once again th<strong>at</strong> was<br />

something th<strong>at</strong> occurred fairly regularly, th<strong>at</strong> every time<br />

she was given something it seemed to be extended on.<br />

Do you accept as a proposition th<strong>at</strong> casual employment<br />

should not be used as a tool to avoid procurement<br />

procedures?---As a principle, yes, but in reality they are<br />

two separ<strong>at</strong>e processes and I don't think th<strong>at</strong> was even a<br />

consider<strong>at</strong>ion. It was, "Can I employ someone as a casual<br />

for this period <strong>of</strong> time under the GOSAC arrangements?" The<br />

answer is yes. So it's how the question gets asked I<br />

guess.<br />

If you do th<strong>at</strong> you can defe<strong>at</strong> the St<strong>at</strong>e Supply Commission's<br />

supply policies, can't you?---Th<strong>at</strong> was probably never put<br />

as a question.<br />

Did you in your position as acting general manger sit over<br />

both the procurement cell and the HR cell <strong>at</strong> <strong>Central</strong> <strong>TAFE</strong>?<br />

---Yes, I did.<br />

So you had responsibility to govern the whole question?<br />

---Yes. Yes.<br />

Both on the procurement side and on the employment side.<br />

Correct?---Yes. But in a day to day sense I wasn't<br />

necessarily involved in advice given or, you know, actions<br />

taken.<br />

In hindsight knowing wh<strong>at</strong> you do now would you concede th<strong>at</strong><br />

it was inappropri<strong>at</strong>e to employ her on a casual basis <strong>at</strong> the<br />

end <strong>of</strong> phase 3 in the way th<strong>at</strong> <strong>Central</strong> <strong>TAFE</strong> did?---Perhaps<br />

with hindsight yes but I can also understand how it<br />

happened. I mean, it seemed like a reasonable thing to do.<br />

There was the capacity to do it. If someone wanted to<br />

interpret it th<strong>at</strong> way which is obviously wh<strong>at</strong>'s being put<br />

to me now then, yes, I could see th<strong>at</strong> th<strong>at</strong> could have<br />

occurred but - - -<br />

There are two questions here. The question <strong>of</strong> whether it<br />

can be done and whether it should be done, isn't it?---Yes.<br />

And the question <strong>of</strong> can it be done in this way, employing<br />

4/10/06 MUSSON, S.D. XN 190<br />

10.47<br />

Spark & Cannon

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