Public Service Amendment Bill 2023
31 July 2023
Mr REPACHOLI (Hunter) (13:19):
I'm pleased to make a contribution on the Public Service Amendment Bill 2023, which aims to strengthen the core purpose and values of the Australian Public Service; build its capability and expertise; and support good governance, accountability and transparency. This is an important step forward in rebuilding the APS and restoring trust and faith in our government and its institutions.
This bill has been introduced because the sad reality is that in our country there's an all-time low of public trust in our Public Service. This hurts our democracy. This concerns me because our great country is built on democracy, and in order for us to continue to be the amazing democratic nation that we are, it is vital that the Australian people have trust in the APS. It's important that Australians can have trust in their government and its institutions. But, more to the point, Australians deserve a government that they can trust. In a world of uncertainties, trust and faith in government and the Public Service should be strong and stable, and this bill will help make sure people are able to feel a sense of trust again. This bill encompasses several of the key changes that align with the recommendations from the Thodey review, which was a comprehensive, independent review of the APS. These changes have also been informed by extensive consultation within and beyond the APS, including Australian Public Service employees, the CPSU, the USU, agency heads, experts and the general public.
Currently, there are five Australian Public Service values: to be committed to service, which anyone should be able to expect from a public servant; to be ethical, which is a rightful demand as a country with high moral standards; to be respectful; to be accountable; and to be impartial, which is necessary in order to maintain a strong public service. These values are important, and they are owed to the Australian people, but they don't quite go far enough. That's why this bill will introduce additional values which will help the Public Service to better serve those who it exists to serve. One of the proposed amendments is the addition of a new APS value of stewardship. Stewardship will require APS employees to uphold the public interest and build APS capability and institutional knowledge, ensuring that the long-term impacts of their actions are considered. This value, along with existing Australian Public Service values, will provide many things to help the Australian Public Service and help Australians reflect on their expectations of what the Australian community is.
In order for Australians to be able to trust the Public Service, they need to be able to see what it does for them. It is hard to trust something that sometimes cannot be seen and is something that you don't always understand. To further strengthen the APS core purpose and values, the bill introduces a requirement for the development of the APS purpose statement. This statement, overseen by the Secretaries Board and reviewed every five years, will create a unified vision for the APS and guide its actions in serving the nation. Agency heads will be required to uphold and promote this purpose statement in addition to the Australian Public Service values and employment principles. This will help in one way to allow the public to get knowledge of public servants and understand what they do and why they do it. It will clearly lay out the values, visions, and purpose of the APS, which is an innovation for Australians to trust them and have faith in them again.
Another important change in the bill clarifies and strengthens provisions to ensure that ministers cannot direct agency heads on employment matters. This reaffirms the apolitical nature of the APS and protects its integrity. By shifting the language from passive to active voice, the bill emphasises that the duty is on the ministers not to intervene in the APS employment matters. Simply stating that an agency head is not subject to direction by any minister has been proven not to be strong enough to prevent this from happening. We are making it absolutely clear that a minister must not direct an agency head. It is the responsibility of the minister to not direct. We knew this and this bill strongly reinforces this and leaves no room for loopholes or alternate interpretations of section 19 of this act. This creates crystal-clear limits on what is appropriate for ministers to be involved in regarding APS employment matters and supports the integrity of the Public Service. This bill aims to empower APS employees and improve decision-making processes. It requires agency heads to implement measures that enable decision-making to be undertaken at the lowest appropriate classification, reducing unnecessary hierarchy and fostering a work environment that empowers staff. We should aspire to be a workplace which empowers staff, and so too should the rest of the Public Service. But the truth is that this has not been the culture in the past. We know this because the Thodey review noted a growing tendency for decisions involving risk to be escalated to the top of the hierarchy. This should not be the case if it does not need to be. There are amazing and capable individuals in our Public Service system who should be trusted to deal with these matters. It is how they grow and become empowered in their workplaces. This is why it is important to make sure decision-making is not raised to a higher level than necessary.
This bill will help to do this by improving decision-making processes and reducing duplication of work. This creates a stronger, more fair Public Service with a culture which helps employees to grow and thrive. This is the kind of culture any kind of business would aspire to. I know from my time in management roles that it is the kind of culture that we all value—and I certainly valued it. It creates success and progress. It makes sense that our Public Service should aspire to a culture of success. The Thodey review revealed that there are concerns that the capability of the APS has been worn away over time. As a country we should always look to move forward. We should always aspire to improve. This should also be the case with our Public Service. If the capability of our Public Service is going backwards, how can we as a nation move forward? Something needs to be done. This bill will help our Public Service to thrive.
In line with the Thodey review's recommendations, the bill makes regular five-yearly capability reviews a requirement for each department, Services Australia, the Australian Taxation Office and the Australian Public Service Commission. These reviews will assess organisational strengths and areas for development, with reports and action plans responding to the findings required to be publicly released. These capability reviews have an aim of facilitating discussions around the agencies' desired future state, highlighting organisational capability gaps and identifying opportunities to address them. By investing in the long-term capability of the Australian Public Service, we ensure that it remains future-fit and continuously improves to meet the standards of the government and the Australian community.
Transparency and accountability are crucial in a modern Public Service. In the modern world questions arise quickly when the Public Service isn't transparent. This doubt can reduce trust. The public must have an insight into the Public Service to be able to see what they do and to also hold them accountable. Transparency and accountability create faith and trust, which is why this bill requires the publication of agencies' APS employee census results. This will foster a culture of transparency and continuous improvement within agencies. Furthermore, the bill requires the establishment of at least one long-term insights briefing each year. These briefings, developed through a process of public consultation, will explore medium-term and long-term trends, risks and opportunities facing Australia, provide impartial analysis and inform government's decision-making process. This is genuine consultation with the public on issues affecting Australia and its society. This is just common sense. If you want to truly understand the issues impacting Australians, you should speak to those being impacted, and that is what this amendment will do.