Letter

In response to If I were the minister assisting the PM on the public service

Clarity in delegations of government power

May I add a thought to Andrew Podger’s suggestions? A number of federal public servants exercise enormous power over us as their fellow citizens. This power is often delegated, by a minister, or a more senior public servant. So there should be an easily accessible website which contains a full list of current delegations, the name of the delegate, the start and end date of the power, and the legal extent of the power.

After the Scott Morrison multiple ministry episode, the same should apply to the certificates of ministerial appointment issued by the governor-general.

Does the legal maxim delegatus non potest delegare still apply, that is a delegate cannot sub-delegate? During COVID, the Health Department would not reveal who a delegate was, the ombudsman/OAIC backed them up, using mind-bending external legal advice from a firm, whose data on federal government appellants was hacked.

Some federal public service commissioners seem reluctant to enforce the Code of Values. Discussing a key position in the TV series Yes Minister, the question was were they “sound”, ie. would they rock the boat?

— Geoff Taylor from Perth