Public Service Amendment Bill 2023
31/07/2023 Item BILLS - Public Service Amendment Bill 2023 - Second Reading
I'll start this summing-up speech by thanking all members who've contributed to this discussion.
What has been very heartening to hear in all of the contributions has been a reflection on the real value that the institution that is the Australian Public Service provides not just to all of us in this place but to all Australians in ensuring that we have the quality services and quality policy on which we all rely.
This bill, the Public Service Amendment Bill, amends the Public Service Act 1999 as a key element of the Albanese government's ambitious APS reform agenda. The case for ambitious and enduring reform of the APS is clear, and it has become only clearer in recent months.
At its heart, this bill and the government's broader APS reform agenda are about restoring the public's trust and faith in government and its institutions.
The Independent Review of the Australian Public Service, led by Mr David Thodey, is a key input into this bill.
The bill is designed to address the challenges facing the APS now and into the future, and the Albanese government's amendments to the Public Service Act will embed in legislation reform that guides and governs the Public Service.
Our reform agenda has four clear priorities.
The first is an APS that embodies integrity in everything that it does.
The second is an APS that puts people and business at the centre of policy and services.
The third is an APS that is a model employer.
And the fourth is an Australian Public Service that has the capability to do its job well. This bill supports each of these priorities.
This bill will strengthen the Australian Public Service's core values and purpose, build the capability and expertise of the Australian Public Service and support good governance, accountability and transparency.
I say to all members: this bill is the start of an ambitious legislative reform agenda for the APS, not the end.
What we had in the recommendations of the Thodey review in 2019 were recommendations for strengthening the purpose of the Public Service and its values and promoting a shared understanding of its role.
I have been encouraged in the conversations we've had here about more appreciation of that shared role that the APS plays for all of our work and, indeed, a number of comments where people were telling their stories.
I noted this from both government ministers and former ministers on the opposition front bench who were sharing stories about how much they valued that work that they do in developing policy to improve the lives of all Australians by working with our Public Service.
The core vision that comes out of Thodey and is in part delivered through this legislation is about having a Public Service that is integrated as one organisation, as one APS.
This amendment bill delivers on this intent and supports the government's APS reform priorities, creating an APS that acts with integrity in everything that it does.
The bill will add a new value of 'stewardship', requiring that 'the APS builds its capability and institutional knowledge, and supports the public interest now and into the future, by understanding the long-term impacts of what it does'.
By requiring all APS employees to uphold stewardship, the bill will strengthen the important and enduring role that all Public Servants play as stewards.
This bill will require the Secretaries Board to oversee the development of a single, unifying purpose statement for the Australian Public Service to complement the addition of stewardship as an APS value.
The member for Bradfield raised a concern that the opportunity had not been taken to outline the core purpose of the Australian Public Service and provide an articulation of the accountability relationship in servicing the Australian people and the elected government.
I report to the House that the Australian Public Service Act 1999 already sets out this relationship. In its objective it sets out to:
… establish an apolitical public service that is efficient and effective in serving the Government, the Parliament and the Australian public ….
It's also in the existing APS values. The value of accountable establishes that:
The APS is open and accountable to the Australian community under the law and within the framework of Ministerial responsibility.
So, again, we have addressed that point.
The purpose statement will indeed create that unification of the APS by uniting the APS and developing, embedding and inspiring purpose and vision.
The statement will be one that resonates with all public servants wherever they might find their contribution to the great Australian Public Service and one where there is a five-yearly review mechanism.
I note that, of course, like any institution, the Public Service does need to evolve over time, including in their mission statement.
Ensuring that that purpose statement remains contemporary is important, because it is also about ensuring that we continue to listen to our public servants.
I have been really impressed with the commitment to getting out there and listening, which has been led by a range of officials in the Department of the Prime Minister and Cabinet, to make sure that when we end up with that statement it will be something that speaks to all public servants.
This is consistent with recommendation 9 of the Thodey review, and it will guide that ongoing transformation of the Australian Public Service.
The other piece that I draw members' attention to is the limitations on ministerial directions to agency heads.
There are many matters where ministers can rightly administer their department and direct their agency heads.
But we're strengthening the relevant provision in the Public Service Act to make it clear that ministers cannot direct agency heads on individual APS staffing decisions.
We had a very fine contribution from the member for Curtin where she raised that the bill should seek to re-establish the correct relationship between government and the APS.
She also noted that the Public Service must be considered as a significant institution in its own right as part of responsible government under the Constitution.
This bill seeks to deliver on that by reaffirming the apolitical role of the Australian Public Service and by providing confidence to agency heads to act with integrity in the exercise of their duties and powers.
Indeed, the first APS value is to be impartial.
This value, which has been there and is remaining there, is critical to the successful operation of the service and to maintaining public trust.
It's key to maintaining an impartial Public Service, where we have an apolitical and merit based approach to APS employment matters, devoid of political interference.
This bill also has a strong commitment to embedding ongoing measures to build the capability and expertise in the Public Service.
Talented, committed people are the foundation of our Public Service, and this bill will help to strengthen that foundation.
It will help to build expertise by requiring the secretary's board to commission regular, evidence based, long-term insights reports.
These reports will be developed through a process of public consultation.
Long-term insights reports will explore some of the medium-term and long-term trends, risks and opportunities that Australia faces.
This amendment bill will embed an expectation that the APS continually assesses its strengths and its weaknesses and takes action to uplift its capability, including by engaging with the Australian public.
When we look at what we're going to do, department by department, this bill will deliver on regular, independent, transparent capability reviews as a five-yearly requirement.
This will extend to each department of state, to Services Australia and to the Australian Taxation Office.
During the debate, the honourable member for Bradfield raised the issue that the bill does not account for consultation with the relevant minister.
This bill does not seek to provide those detailed operational details.
However, such consultation would, of course, be an inherent part of testing the future readiness of departments.
I don't think anyone could credibly come in here and suggest that you would not consult with the relevant minister when you are doing a capability review of the department which they administer.
By ensuring those ongoing, regular, independent capability reviews we'll also ensure that we have embedded, at the highest levels within those departments and all the way down, a culture of continuous improvement to deliver both for the government of the day, for this parliament and for the Australian community.
There's been a lot of commentary and discussion around shared commitments for transparency, good governance and accountability in this debate—values which most in this place hold very, very dear.
We know that transparency can shine a light on the culture and the make-up of the Australian Public Service.
It can prompt change to ensure that it remains both a great place to work and a great place to work for people from all walks of life.
We want to ensure best practice governance arrangements, ensure that employees are empowered and supported in their roles and that they are given opportunities to apply and extend their skills and experience.
Again, amendments in this bill address these objectives.
These amendments deliver on the APS reform priority to create an APS that is a model employer.
We've spoken a lot in this place about our need to set the standard and for people to look at this parliament as a leading example, but we also want to make sure that the Australian Public Service across Australia is a model employer.
One of the things we will do to help deliver on that is that agencies will be required to publish their aggregate APS Employee Census results.
They will also be required to publish an action plan responding to those results.
By doing this, the government aims to foster a culture of transparency and accountability, again, for continuous improvement within agencies.
It also aims to improve the APS's position as a model employer.
As a model employer, we want the Australian Public Service to be one that not only listens to but addresses the thoughts, concerns and ideas of its employees.
One of the ways that we are doing that through this bill is to enable decision-making to occur at the lowest appropriate classification.
Being a model employer means that you create a culture of trust.
Being a model employer means you support your employees.
This recommendation was prompted by findings that decisions involving risk tended to be increasingly escalated upwards within the Public Service.
This bill gives a counterweight to that tendency, requiring agency heads to implement measures that enable decisions to be made by APS employees at the lowest appropriate classification.
We have had a range of matters, which I think we'll speak to in a moment.
I know the member for Curtin was the first but, particularly over the last 24 hours, was definitely not the last to raise questions about what else should be in this bill.
We both had suggestions that there should be more in this bill, and we had suggestions that this should be postponed until after we have the report of the robodebt royal commission, because we do need to learn from past mistakes and prioritise our reform for the future.
I just note that the Australian Public Service is a complex organisation.
It's made up of tens of thousands of people working across dozens of departments and agencies.
Reform of the scale and complexity that we need will take time and sustained effort.
This is one part of the commencement of the APS reform agenda where we've sought, as best possible, to sequence and drive cultural and behavioural change in the APS over time, ultimately to ensure that we deliver better outcomes for government, for this parliament and for the Australian people.
The government believes that this bill delivers strong foundations for enduring change, locks in reforms that will stick, locks in reforms that will last and supports that enduring transformational change that the Australian public want to see when it comes to our public service.
What we know is the challenges facing Australia over the coming decades are immense.
The Public Service will continue to play an integral role in meeting the changing needs of government and the community with professionalism and integrity.
The government's reform agenda is ambitious and will require sustained and structured effort over time.
By amending the Public Service Act, this bill advances that agenda significantly and locks in important reforms which we hope will last for many years to come.
In my final moment, can I thank, appropriate for this bill in particular, all of the public servants who have been working on the government's APS reform agenda.
This is complex.
This is working across a range of different departments.
It is taking in very complex inputs in terms of the Thodey review, the government's agenda, and some of the challenges that have come to light out of recent investigations and commissions.
They have acquitted themselves incredibly well of that task.
I also thank those who have engaged in public service reform consultation. We've seen a lot of consultation and a lot of enthusiasm in terms of people who want to both share their insights as public servants and make sure that this can continue to be a fantastic career not just for people in our service today but also for people that we hope to choose to join the Public Service into the future.
Our public servants are national assets.
Our Public Service is a fantastic institution—an institution which we back through this legislative change and through our ongoing APS reform agenda.
I commend the bill to the House.
The DEPUTY SPEAKER (Mr Goodenough): The immediate question is that the amendment moved by the honourable member for Goldstein to the amendment moved by the honourable member for Curtin be disagreed to. There being more than one voice calling for a division, in accordance with standing order 133 the division is deferred until the first opportunity on the next sitting day.