Pearls and Irritations

Attempts have been made to tidy things up but too much reliance has been place on administrative measures rather than the solidity of new or amended primary legislation. While some commendable things have been done, the overall program has been short on ambition and imagination, and progress has been oh so slow.

It’s now nine months since the Public Service Minister, Kay Gallagher, promised another tranche of changes but as yet without notable results. The signs are not bright. Searchers will struggle to find any indication of movement on the websites of the Public Service Commission and the Department and the Prime Minister and Cabinet. Public service reform was unmentioned on the last “communique” from the shadowy Secretaries Board, a graveyard for good intentions.

It’s now more than a year since a report was due on better means for appointment of statutory officers. It has sunk beneath the waves and no bubbles of life can be seen.

And the prospect of an election may well devour whatever remains of good intentions.

The Government’s three main legislative ventures have been worthy up to a point.

The Public Service Amendment Act’s minor measures were sullied by two bits of foolishness. First, “stewardship” was made a “value” in the Public Service Act thus making all staff liable to disciplinary action if they don’t take into account the “long term impacts” in what they do.

Second, a proposal to add a public service “purpose statement” that was to be approved by the Secretaries Board was dropped from the Act because its proponents finally realised what they should have known; that the Public Service Act already contained such a statement.

The National Anti-Corruption Commission has been legislated and is up and running in a manner of speaking. But it shied away from investigating cases referred to it by the Robodebt Royal Commission – a nolle prosequi if ever there was one. The Commission would seem to be not so much running as waddling thus far. Let’s say “it’s early days”.

Legislation to abolish the Administrative Appeals Tribunal (AAT), because appointments to it had become nastily politicised, includes slightly revised appointment procedures for the new Administrative Review Tribunal. Unfortunately they would not prevent a repeat of the politicisation that moved the government to give the AAT the chop.

No legislation can aspire to the state of perfection but it should not be as flawed as these three stabs.

Perhaps the most notable achievement in getting the public service back onto an even keel has been Minister Gallagher’s cutting back on the excessive use of consultants and, more importantly, labour contractors. By all accounts these abuses much eroded the capability of the public service and so lessened the good it could do for governments and citizens. Moreover, the use of consultants and labour contractors to fill public service positions was an abuse of the spirit and most likely the letter of relevant provisions in the Constitution of the Commonwealth and the merit staffing provisions of Public Service Act. That is to say, a discount was put on merit with knock on consequences for efficiency and effectiveness.

But the government’s response to the problems caused by consultants and contractors is administrative only. There is no legislation to prevent future more malevolent governments from repeating the damage. And to top it off, healing the present wounds is significantly left in the hands of senior officials many of whom have caused them in the first place. It might be supposed that at least they know what they’re up for.

So, as the government’s efforts stand, there’s some good and some not so good. A lot still needs to be done although there are signs that the push on this task has slipped into neutral gear.

There’s a vacuum and as that is something nature is said to abhor, Mr Andrew Podger, a former Public Service Commissioner and departmental secretary has hopped into it.

In early July, and in response to a general request from Minister Gallagher for ideas, he’s issued a “discussion paper” titled “Further Reform of the Australian Public Service”.

The paper contains 13 proposals for the amendment of the Public Service and other Acts aimed at improving the integrity, effectiveness and efficiency of the public service. For example, it suggests:

• Provisions for the appointment and tenure of departmental secretaries that would improve their ability and the ability of their staff to provide sound and honest advice to ministers and governments.
• Stronger central management within the public service that would be better promote its well-being.
• Arrangements to improve relations between ministers and their staff and the public service.
• Stronger requirements for merit and equal opportunity in public service staffing.
• More merit based arrangements for the appointment of statutory officers and ambassadors and high commissioners.
• Legislation to better regulate the use of consultants and contractors.
• Tighter controls of departmental top management structures consistent with a recent review of hierarchy and classification.
• Stronger laws for the avoidance of conflicts of interest.

The paper is a serious, thoughtful and substantial contribution.

It has been provided to relevant government authorities and it is to be hoped they will consider it with open minds and on its merits, and do something.

Of course administrative reform is unglamorous territory but it is in the best interests of government and the well-being of citizens for if the public service is in a shabby condition, then they’re all left the poorer. Almost all countries with impoverished populations are burdened with incompetent and corrupt public services.

The Fraser and Hawke governments showed that with a little commitment and imagination much could quickly be done to make the federal public service a better beast. The Albanese government should try to match those efforts for the scope for improvement is immense. At the moment the flame is only just flickering and it should be rekindled.

Podger’s paper contains a raft of things that can and should be done.

For more on this topic, P&I recommends:

Restoring integrity to the Australian Public Service

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