Allegra Spender (Wentworth, Independent) Share this | Hansard source

by leave—I move amendments (1) to (6) as circulated in my name together:

(1) Schedule 1, item 2, page 3 (after line 16), after subsection 10(6), insert:

Integrity

(7) The APS fosters and upholds integrity through honesty, ethical behaviour and the highest standards of professional conduct, where APS employees act in the public interest, maintain impartiality and avoid conflicts of interest.

Merit

(8) The APS fosters a culture in which recruitment, selection and promotion decisions are based on a fair and objective assessment of an individual's skills, qualifications, experience and abilities.

Openness

(9) The APS embodies a commitment to conducting government affairs in a manner that allows public scrutiny and fosters public trust by sharing information, engaging with the Australian community and promoting a culture of collaboration and inclusiveness.

(2) Schedule 1, item 3, page 4 (line 21), omit "not".

(3) Schedule 1, item 3, page 4 (line 22), omit "not".

(4) Schedule 1, page 9 (after line 20), after item 10, insert:

10A After Part 9

Insert:

Part 9A—Other matters relating to Agency Heads

70 Requirements for Agency Head appointments

(1) An individual must not be appointed as an Agency Head on or after the commencement of this section unless:

(a) the Agency Minister for the Agency has made a declaration under subsection (2) in relation to the appointment of the individual; and

(b) the period within which the declaration may be disallowed under section 42 of the Legislation Act 2003 has ended; and

(c) the declaration has not been disallowed.

(2) The Agency Minister for an Agency may, by legislative instrument, declare that an individual has been selected for appointment as the Agency Head of the Agency.

(3) A declaration under subsection (2) must include the following:

(a) details of when, and the manner in which, the appointment was advertised;

(b) details of the selection process that was undertaken;

(c) the number of applicants who were considered at each stage of the selection process;

(d) the reasons that were determinative in selecting the individual for the appointment, as compared to other applicants.

(4) This section applies despite anything in this Act or any other Act.

(5) Schedule 1, item 12, page 11 (after line 7), at the end of section 78B, add:

Applicat ion to Parliamentary Service employee census

(9) If a survey of Parliamentary Service employees (within the meaning of the Parliamentary Service Act 1999), that is equivalent to the Australian Public Service Employee Census, is conducted in a financial year, this section applies in relation to the survey as if:

(a) a reference to an Agency were a reference to a Department of the Parliament established under that Act; and

(b) a reference to the Agency Head of an Agency were a reference to the Secretary of a Department within the meaning of that Act; and

(c) a reference to the Commissioner were a reference to the Parliamentary Service Commissioner appointed under that Act; and

(d) a reference to census results were a reference to the survey results.

(6) Schedule 1, item 12, page 11 (after line 7), after section 78B, insert:

78C Response to Independent Review of the Australian Public Service

(1) The Public Service Minister must prepare a written statement that sets out:

(a) a response to each recommendation made in the final report of the Independent Review of the Australian Public Service, published in December 2019; and

(b) timelines for implementation of each recommendation.

(2) The Public Service Minister must cause a copy of the written statement to be tabled in each House of the Parliament by no later than the last sitting day of that House in 2023.

The motivation behind these amendments is to strengthen what is a pretty weak bill. The government railed against the undermining of the Public Service's independence and integrity during their time in opposition. A slew of inquiries and investigations have exposed the extent of damage: inappropriate appointments to the AAT; secret ministries; the abuse of integrity law and independence through robodebt; and now serious questions around corruption in the Department of Home Affairs. Exposing the failures of the past, especially the failures of your opponents, is fine politics but the point of good government is to do better. This is the Albanese government's opportunity to build a strong, independent Public Service offering frank and fearless advice. We need a complete transformation, but this bill fails to deliver that.

The amendments I propose make a number of changes which would significantly enhance this bill, as well as enhance our Public Service. First, they would introduce integrity, merit and openness as values of the Australian Public Service. Second, they would make the APS purpose statement disallowable. As drafted in the bill, the purpose statement will be prepared by senior public servants and bind the Public Service, but with no oversight by the government or by parliament. If the government does not wish to oversee this, it must fall to parliament to do so. Third, the amendments would improve transparency and parliamentary oversight of executive appointments by requiring the minister to table a statement clearly setting out its recruitment process. This provision would also make appointments disallowable by the parliament, a power which I expect would be sparingly used but that would create a powerful incentive for the government to make appointments based on merit rather than on jobs for mates. Fourth, it would expand to the parliamentary departments the transparency provisions relating to the APS census. Finally, they would compel the minister to publish a comprehensive response to the Thodey review by the end of this year. The Thodey report has laid out a powerful vision for reform of the Public Service. If this government is serious about reform, it needs to act on its recommendations.

I believe these amendments should be uncontroversial. They strengthen the independence, effectiveness and transparency of our Public Service—objectives the government claims to be committed to achieving. I hope the government will reconsider their position and support these changes. Everyone in this place should support merit, integrity and openness in the Public Service. They are what Australians want and are one reason why the people of Wentworth sent me to this place. It's time the government backed up its fine words with actions.

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