Output 1: APS policy and employment services

Output 1.2 : Service delivery

This output comprises five components encompassing a suite of policy and employment related services. These include advice to Agency Heads, secretariat support for the Management Advisory Committee, SES and other employmentrelated services, international responsibilities and production of the Public Service Gazette. Performance under each of these components is set out below.

Output Component 1.2.1: Provide advice to Agency Heads on APS policy and legislation, and support the Management Advisory Committee

Policy advice is provided orally via the Commission’s Helpline service and through written reports and other publications, policy circulars, advices and newsletters.

Helpline service

Use of the Commission’s Helpline telephone service and Hotline email service increased markedly during 2003—04 with the service answering 3655 inquiries, of which 12% were emailed to the Hotline email address. This represents a monthly average of 304 inquiries–an increase of more than 80 inquiries per month over that for the 2002—03 year. The increase occurred across the broad range of Commission functions and may be the result of greater awareness of the existence and work of the Helpline service.

Inquiries from individuals seeking APS employment and calls relating to the selection, movement and placement of APS employees continue to dominate the matters on which information is sought (some 20%). Other significant numbers of calls concerned the training activities of the Commission (9%), issues relating to the APS Values and Code of Conduct (8%), and Review of Decisions, including staff selection decisions (7%). The remainder of the calls was spread across a wide range of Commission functions and broader Government activities.

The Commission continued to utilise the database set up in 2002—03 to monitor the number of telephone and email inquiries. Statistics are collected monthly for internal assessment and evaluation.

Publications and circulars

The Commission issued 2 publications and 7 circulars during 2003—04 as a means of updating agencies on a range of human resource management matters, including changes to the legislation, policy developments and the release of new publications. The publications were in relation to Probation and Termination of Employment. A full list of publications can be found at Appendix D.

History of the Public Service Act

A Commission consultant completed the history of the Public Service Act 1999, in the context of its predecessor Public Service Acts of 1902 and 1922. While the Commission was unable to meet the original target publication date of first quarter 2002—03 financial year, the report will be published in September 2004.

Foundations of Organisational Performance Arrangements

In 2002—03, the Commission commissioned a review of the formal arrangements governing organisational management within the APS, particularly under the Commonwealth Authorities and Companies Act 1997, the Financial Management and Accountability Act 1997, the Public Service Act 1999, and the Workplace Relations Act 1996, as well as the formal reporting and accountability requirements underpinning the APS Values.

A Reference Group was established in early 2003 to advise on, and act as a sounding board for, the project. The Reference Group continued to meet in 2003—04.

The following agencies are represented on the Reference Group: the Department of the Prime Minister and Cabinet, the Department of Finance and Administration, the Department of Employment and Workplace Relations, the Department of Communications, Information Technology and the Arts, the Department of Immigration and Multicultural and Indigenous Affairs, the Department of Health and Ageing, the Department of Family and Community Services, the Department of the Environment and Heritage, the Attorney-General’s Department, Geoscience Australia and the Australian Government Information Management Office. The Australian War Memorial, an inaugural member of the Reference Group, withdrew from the Group in January 2004.

The project consists of two phases. The first is the development of the framework/inventory of financial and human resource governance arrangements. The second is the development of a paper, based on agency responses, for discussion by Portfolio Secretaries, on the possible areas of duplication, overlap, operational problems and areas that may require attention.

In 2003—04, these two phases have progressed in parallel. An Internet resource and booklet are in the final stages of preparation. These resources will assist Agency Heads and members of the Senior Executive Service to understand the nature of their statutory obligations.

A paper on areas requiring attention, to be discussed by Portfolio Secretaries, will be prepared later in 2004. For a number of reasons, including the wide coverage of the project, the relevance to it of the Uhrig Review of corporate governance of statutory authorities and statutory office holders, and staff turnover in the Commission, progress has been slower than planned. Considerable progress has nevertheless been made, particularly within the Commission and the Department of Finance and Administration, on appropriate directions for agency coverage by the Public Service Act 1999, the Financial Management and Accountability Act 1997 and the Commonwealth Authorities and Companies Act 1997.

Remuneration and Workplace Agreements

The Commission has assisted agencies with agreement making and the Commissioner continues to be involved with executive remuneration issues.

The Department of Employment and Workplace Relations (DEWR) continued to provide copies of draft agency agreements to the Commission so that the Commission could make comments against the specific elements of the Government’s Policy Parameters for Agreement Making in the APS for which the Commission is responsible.

DEWR is committed to providing its policy assessment comments to agencies within five working days of receiving the documentation. During the year, the Commission has consistently provided comments to DEWR to enable these deadlines to be met. Fifty-three agreements have been assessed by the Commission during the year, including several second-round agreements. All agreements were assessed within the five-day assessment period agreed with DEWR with most being completed within three days.

In addition to providing comments on draft agency agreements to DEWR in relation to Policy Parameter matters, the Commission has also continued to provide good practice advice to agencies on a range of issues included in their agreements that fall outside the Policy Parameters, for example, adherence to the PS Act framework, including broadbanding, merit and open competition, termination, the APS Values and APS Code of Conduct, management of underperformance and misconduct, and review processes.

Broadbanding

The Commission assesses agency broadbanding arrangements contained in certified agreements against the need to ensure that the APS Values requiring merit-based competitive selection and open access to employment opportunities are met.

In February 2003, the Commission commenced a project to examine the impact of broadbanding on staff movements in the APS and its implications for adherence to the APS Values. Initial analysis had been undertaken of the arrangements in a large APS agency indicating that broadbanding had not undermined merit because of the strength of competition for base grade entry and the robustness of the rules applying to advancement within a broadband, including competition.

The Commissioner remains uneasy about the risks associated with extensive broadbanding. The current project is studing broadbanding arrangements in a number of agencies, as reflected in their Certified Agreements, and analysing data on classification profiles and mobility. Follow-up discussions have been held with agencies that have made extensive use of broadbanding and some that have chosen not to implement a broadbanded structure.

Due to competing priorities, the project has taken longer than planned. The report on the project will be considered by the Commissioner in early 2004—05.

Management Advisory Committee

The Commission continued to provide a range of secretariat and research services to the Management Advisory Committee (MAC). The MAC was established under section 64 of the PS Act and is chaired by the Secretary of the Department of the Prime Minister and Cabinet, with the Public Service Commissioner as executive officer. The Committee currently has twenty-three members, which include all Portfolio Secretaries and the Heads of the Australian Bureau of Statistics, the Australian Customs Service, the Australian Taxation Office, the Aboriginal & Torres Strait Islander Commission and Centrelink as nominated in writing by the Chair. The Auditor-General is invited as an observer.

The Committee is charged with advising the Government on matters relating to the management of the APS. While it has no statutory powers or executive functions, it provides a forum for members to discuss significant issues of topical and strategic interest to the APS.

The MAC met for the first time in December 2000 and agreed on a work program to be undertaken by sub-committees of interested MAC members. The Public Service Commissioner is a member of each of the subcommittees.

The first three reports are available on the Commission website (www.apsc.gov.au)

2001–Performance Management in the Australian Public Service–A Strategic Framework
2002–Australian Government Use of Information and Communications Technology
2003–Organisational Renewal

In May 2003, MAC established a sub-committee for its fourth project on whole-of-government coordination for the APS, for which the Commission provided secretariat and extensive research and project support.

There are many imperatives behind the increasing demand for whole-of-government work. These include pressures on the APS to offer sophisticated whole-of-government policy advice that encompasses a range of stakeholders’ views, and to respond to complex policy challenges (so-called ‘wicked problems’). There are also pressures to integrate service delivery including rising community expectations for easier access to government and publicly provided services.

To develop practical guidance for better wholeof- government management, MAC project teams and committees drew on ten Australian case studies where agencies and jurisdictions have undertaken shared activities to address complex issues. Australian and international literature was also investigated.

Connecting Government: Whole of Government Responses to Australia’s Priority Challenges was released in April 2004. The report has a practical focus and MAC also published a ‘Good Practice Guide’ and a ‘Summary of Findings’ that relate to the topic material. The key findings include guidance on the appropriate structures and processes for different whole of government challenges; the need for a supportive culture and skills base; taking more advantage of the flexibilities available in budget and accountability frameworks; maximising information and communications infrastructure; improving government’s engagement with individuals and communities; and building the capacity to respond quickly and effectively to emerging issues and future crises. (See also pg 38)

The secretariat support provided for the fourth MAC report included organising and documenting the MAC and MAC sub-committee meetings and contributing to the Deputy Secretaries group and the project team which drafted the report and case studies. The Deputy Commissioner also participated as a member of the Deputy Secretaries Group.

While the report was itself a joint exercise, chaired by Mr Roger Beale (then Secretary of the Department of the Environment and Heritage) with a deputies group chaired by Ms Lisa Paul (Deputy Secretary of the Department of Education, Science and Training), the Commission provided significant input into the report, particularly regarding culture and skills, engagement beyond the APS, and the Goodna Service Integration Project case study. The Commission also undertook most of the literature search work with some assistance from the National Institute of Governance.

TABLE 4: Performance information–Output Component 1.2.1

Target

Result

Quantity
Number of reports and responses to requests for information and advice:
• Responses to correspondence—estimate 20
• Telephone enquiries—estimate 3000
• Reports, circulars and publications —estimate 25
Secretariat services provided to the Management Advisory Committee (MAC) and operational support to the Commissioner as the Executive Officer of the MAC–Estimate 3 MAC meetings and 2 MAC projects to be supported

Achieved or Exceeded estimates for
• Responses to correspondence–24
• Enquiries–3655
(received via telephone and email).
Below estimate for reports:
• 7 circulars and 2 publications were issued

Achieved–this is an externally imposed demand-driven service. The Commission met all requirements, providing support for
• 2 MAC meetings
(in November 2003 and March 2004), and
• 7 meetings of the MAC sub-committee for the Whole-of-Government Project.

Quality
A high level of satisfaction of the MAC with the relevance, quality and timeliness of advice and support provided.

Achieved–the Report has gained widespread interest both nationally and internationally. MAC members have indicated full satisfaction with the support provided by the Commission.

Output Component 1.2.2: Manage Commission responsibilities for SES engagements, promotions and terminations

Through the PS Act and the Commissioner’s Directions, the Commissioner has a clearly defined role in the management of the Senior Executive Service (SES) group. SES employees form the senior leadership group of the APS, not only providing professional expertise, policy advice and high-level management in pursuit of the achievement of their agency’s goals, but also being responsible for ensuring cooperation across agencies and for promoting the APS Values.

SES selections

All SES employment opportunities must be filled through full merit selection procedures, including advertising of the employment opportunity and the assessment of applicants against established core SES selection criteria, derived from the Senior Executive Leadership Capability Framework. Before an Agency Head can finalise a promotion or engagement decision, the Commissioner’s endorsement of the process as having satisfied all requirements must be obtained.

In 2003—04, a total of 158 selection exercises were endorsed by the Commissioner, resulting in 207 SES jobs being filled by promotion or engagement.

Recognising agencies’ needs to resolve SES staffing matters as quickly as possible, while ensuring that all merit requirements have been satisfied in the process, the Commission continued to provide a very effective service in considering and responding to requests for the Commissioner’s endorsement. The average turnaround from receipt to response remained at less than one working day per case. This result relies on the strong support of the Commissioner’s expectations by Agency Heads, and the role played during the selection process by the Commissioner’s representative.

SES News

One edition of SES News, a magazine aimed at members of the Senior Executive Service, was produced in 2003—04. SES News is intended to provide SES employees with information covering issues of relevance and to alert them to forthcoming APS Commission SES development program opportunities. This issue highlighted the launch of the key Commission publications, APS Values and Code of Conduct in Practice and Embedding the APS Values. Copies of SES News are mailed to SES employees and Agency Heads and it is also available on the Commission’s Internet site.

SES retirement under section 37

In 2003—04, 37 SES employees separated from the APS under the provisions of section 37 of the PS Act, a slight reduction in usage of this provision from 2002—03. Section 37 allows an Agency Head to offer a SES employee the opportunity to separate from the APS with an incentive to retire, subject to the Commissioner agreeing to the amount to be paid. The Commissioner, in considering requests for his agreement, reinforced in 2003—04 the need for section 37 retirements to be considered only where appropriate and justified, and that any incentive to retire under section 37 should take into account all relevant factors in arriving at an amount that is both fair and reasonable. This followed on from his letter to Agency Heads of 6 May 2003 in which the implications of the MAC report on Organisational Renewal in relation to mature-aged workers were raised.

Appendix E contains the SES profile at 30 June 2004 together with numbers of SES promotions, engagements and movements at level to advertised employment opportunities, section 37 retirements by agency and all SES separations by type in 2003—04.

SES Adviser

The SES adviser provides a source of advice to individual SES employees, advising on possible career options and, in particular, dealing with those cases where SES employees have been asked to consider separating from the APS under section 37 of the PS Act. This role is performed by the Group Manager, Policy and Employment Group. The SES Adviser provided such advice and assistance in approximately 50 cases in 2003—04.

Succession management in the APS

The Commissioner consults Secretaries on a biennial basis to ascertain their views on the quality of senior employees across the APS, particularly those at Senior Executive Band 3 level, and who amongst that group might be prospects for advancement to more senior 2003—04 positions over time. This information is used primarily by the Commissioner in providing advice and support to the Secretary of the Department of the Prime Minister and Cabinet to assist in any recommendations he might make to the Prime Minister on filling such senior positions.

While the Commissioner has no direct statutory role in such appointments (other than for the position of Secretary of the Department of the Prime Minister and Cabinet), he regards this support for top level succession management as most important. This view was reinforced by discussions during the year amongst other nations’ Commissioners, and amongst Australian Commissioners, which demonstrated that some jurisdictions have more robust approaches than others to ensuring merit for top level appointments.

TABLE 5: Performance information–Output Component 1.2.2

Target	Result
Quantity Number of SES engagements, promotions and terminations–estimate 200	Exceeded estimate with 244 matters resolved.
Quality 95% of agency SES employment recommendations able to be endorsed within one week of receipt of documents	Exceeded estimate with 100% of SES employment recommendations endorsed by the Commissioner within one week of receipt.

Output Component 1.2.3: Manage Commission responsibilities in international matters

The Commission continued to participate in international organisations interested in public administration, to host visits by overseas delegations, to work with counterpart agencies in the Asia/Pacific region in promoting public sector reform, and to support government reform initiatives in Papua New Guinea and the Solomon Islands.

Participation in international organisations

The Public Service Commissioner attended the Commonwealth Association for Public Administration and Management (CAPAM) board meeting and delivered a paper at the CAPAM High Level Seminar on ‘Meeting Future Challenges’ in Kuala Lumpur in October 2003.

In November 2003, the Public Service Commissioner was invited to be a keynote speaker at the UN’s Fifth Global Forum on Reinventing Government and Capacity Development Workshop held in Mexico City.

The Deputy Public Service Commissioner attended the 29th Session of the OECD’s Public Management Committee in Paris in November 2003 for in-depth discussions of the topic, "Modernisation: What the Leadership could do to meet the challenges involved in recruiting, training and motivating the next generation of senior managers".

Hosting visits by overseas delegations

Andrew Podger, Peter Miller and Khun Sima Simananta, Secretary-General of the Office of the Civil Service Commission, Bangkok in October 2003

The number of overseas delegations visiting the Commission has increased consistently over the last 3 years. The Commission hosted 29 visiting delegations in 2001—02, 38 in 2002—03 and 58 in 2003—04. A total of 557 visitors were received in 2003—04 compared to 423 in 2002—03. Some 77% of visitors were from Asia, with 27 visits and 400 visitors from China; as in 2002—03, this represented the largest number of visitors from a single country. Other Asian visitors came from Taiwan, Korea, Thailand, Cambodia, Malaysia, the Philippines, Indonesia and Vietnam. The remaining visitors were from a wide range of countries, including the Netherlands, Canada, Afghanistan, Botswana and Mongolia.

Supporting public sector reform in developing nations

The Commission continued to work with AusAID to promote and support public sector reform in the region. The level of activity increased substantially in 2003—04, beyond the original estimate, with the additional finding required being provided by AusAID.

The Public Service Commissioner and the Acting Group Manager of the Policy and Employment Group visited Bangkok and Jakarta in October 2003 for bilateral discussions with counterpart agencies. In Bangkok, discussions were held with the Secretary-General of the Office of the Public Sector Development Commission and the Secretary-General of the Office of the Civil Service Commission regarding continued cooperation and assistance. In October and November 2003 respectively, Memoranda of Understanding were signed with both agencies.

In Jakarta, discussions were held with the Chairman (Drs Hardijanto), National Civil Service Agency, the Minister for Administrative Reform and senior officials of the Ministry for Administrative Reform. The discussions focused on areas of common interest and how further co-operation might be fostered. The Chairman subsequently led a high-level delegation to Australia for meetings in Canberra and Melbourne on Australia’s experience with public sector reform, and with establishing and maintaining a professional, merit-based public administration.

In March 2004, the Public Service Commissioner and the Director, International, Policy and Employment Group, attended the Pacific Regional Public Service Commissioner’s Conference in Suva, Fiji. This Conference was jointly instigated by the Fijian Commissioner (Mr Sakiasi Waqanivavalagi) and the Australian Commissioner. Both Commissioners were keen for a meeting that would focus on the practical challenges facing the Pacific nations including the role of Commissioners and their relationships with Ministers, the efficiency and effectiveness of public sector agencies, and the skills and capabilities of public service leaders.

Public Service Commissioners from eleven nations attended the Conference and were able to take away practical ideas for improving their Public Services and Commission operations. The Commissioners agreed to seek support for regular meetings to focus on practical ways of promoting public sector reform and improving the quality of public services in their countries.

Supporting government initiatives in Papua Guinea and the Solomon Islands

In June 2003, the Commission entered into a Record of Understanding (ROU) with AusAID to provide technical support to the Papua New Guinea (PNG) Public Services Commission and the Department of Personnel Management.

Under the ROU, the Director, International has made four visits to Port Moresby to work with the Chairman and Commissioner of the Public Services Commission on identifying the support and assistance required to improve case management and implement new engagement, suspension and termination arrangements for Departmental Secretaries and Provincial Administrators.

Two consultants were engaged to provide technical assistance to the Public Services Commissioner in developing procedures and training staff, and to assist the Commission to conduct awareness-raising seminars on the role and responsibilities of the Commission.

The Commission actively participated in deliberations on the program of assistance to PNG and in recruiting staff to be posted to PNG to work in the Department of Personnel Management under the Australia/PNG Enhanced Co-operation Package.

Since December 2003, the Commission has been represented on the Solomon Islands Machinery of Government Reference Group which is chaired by AusAID.

The Director, International participated in a scoping mission to Honiara in February 2004 to consider key areas in which assistance could be provided in improving the effectiveness of the machinery of government in the Solomon Islands.

Participating in Public Service Commissioners’ Conferences

During the year two conferences were held with counterparts from State and Territory governments, and New Zealand; Fiji, Samoa and Papua New Guinea also attended as observers (September 2003 and April 2004). Two issues discussed at the first conference, hosted by the Public Service Commissioner, were the Review of Corporate Governance of Statutory Authorities and Office Holders (the Uhrig Review), and Senior Executives. The Commissioner co-hosted the April 2004 Conference with the ACT Government which, this year, is celebrating the tenth anniversary of the establishment of the ACT Public Service. Issues canvassed included: ageing demographic profiles in the public sector; statistical co-operation across jurisdictions; and Indigenous employment.

An outcome of discussion about closer co-operation with Pacific Island countries at the September 2003 conference was the Pacific Regional Public Service Commissioners’ Conference held in Fiji in March 2004.

TABLE 6: PERFORMANCE INFORMATION–Output Component 1.2.3

Target	Result
Quantity Number of overseas delegation visits coordinated and hosted–estimate 30	Exceeded estimate–the Commission coordinated and hosted 58 visiting delegations.
Quality A high level of satisfaction of the delegations as advised by the third-party organisers.	Achieved estimate–consistently high levels of satisfaction expressed through feedback in formal letters of appreciation and informal emails of thanks from the visiting delegations and organisers.

Regional Public Services Commissioners’ Conference, Suva, Fiji March 2004

Output Component 1.2.4: Produce the Public Service Gazette

The PS Act requires that the APS provide the community with a reasonable opportunity to apply for public service positions. Publication of notices in the weekly Public Service Gazette fulfils this requirement. The Gazette notifies all APS employment opportunities (vacancies), movements (transfers), promotions and some learning and development opportunities.

The Commission is responsible for the production of the Gazette. The Gazette is published in hard copy, online on the Internet (www.psgazette.gov.au) and in electronic form for download by agencies that do not provide Internet access for their staff. Data is also transmitted to the Department of Employment and Workplace Relations for display on the Australian Jobsearch Site (www.jobsearch.gov.au).

During 2004, as resources have permitted, work has progressed on enhancements to the Gazette publishing system to improve the process for lodgement of notices by agencies. The new lodgement system will provide significant usability and productivity improvements for agencies.

Since August 2003, the Gazette has not been available to the public from Government Information shops due to the Government’s decision to close the shops–however, it continues to be available to the public through some libraries and directly from the printer and online. The demand for the hard copy version of the Gazette has been declining for several years and this pattern continued during 2003—04. Since May 2001, when the Commission assumed responsibility for publication and distribution, the subscriber list has dropped from 620 copies to 280 copies per edition. In addition, the number of notices lodged by agencies has fallen by 18% over last year’s figure. In 2003—04, 31 900 notices were lodged compared to the 39 100 lodged in 2002—03. Price information for the Gazette is in Figure 2.

The Commission is considering phasing out the hard copy version of the Gazette during 2004—05 given preference for the electronic form and the relatively high cost of small print runs.

FIGURE 2: Price for production of the APS Gazette

Chart: Gazette price

Actual Unit Price for production of the APS Gazette for 2003—04 increased 15% over last year.

TABLE 7: Performance information–Output Component 1.2.4

Target	Result
Quantity 50 Gazettes produced in accordance with requirements	Achieved–50 Gazettes produced in accordance with requirements
Quality 100% of Gazette entries accurately published in accordance with legislative requirements	Achieved

Output Component 1.2.5: Provide other employment-related services

The Commission provides advice to agencies on the operation of the relevant legislative provisions applying to administrative re-arrangements as a result of Machinery of Government changes. The Commission is also responsible for executing the necessary legislative instruments to effect the movement of staff associated with these changes.

Administrative re-arrangement casework

The Commission handled a total of 11 administrative re-arrangements during 2003—04.

The Commission prepared and executed the necessary legislative instruments to give effect to these administrative re-arrangements to meet the timeframes set by the Government and by individual agencies.

The comprehensive advice provided to agencies following the November 2001 federal election remains relevant to all administrative rearrangements involving moves within the APS that occurred during 2003—04. This advice is contained in circular 2001/7 and is available on the Commission’s Internet site. As administrative re-arrangements involving moves into, or out of, the APS often raise issues that are specific to the particular circumstances involved, these changes will continue to be dealt with on a case-by-case basis.

Executive Agencies

The PS Act contains provisions to enable the creation of Executive Agencies by the Governor- General. Executive Agencies are non-statutory bodies headed by a person appointed by, and directly accountable to, the Minister responsible for the Agency.

The Public Service Commissioner’s powers under section 72 of the PS Act may be used to move existing APS staff to a new Executive Agency on or after the date of its establishment.

One new executive agency, Aboriginal and Torres Strait Islander Services, was created on 1 July 2003. Another executive agency, the National Office for the Information Economy (NOIE), was renamed the Australian Government Information Management Office with effect from 8 April 2004. A number of NOIE’s former functions and staff were moved to the Department of Communications, Information Technology and the Arts on that date.

Other issues

The Commission provided input to a range of other activities.

ANAO report on Compensation Payments and Debt Relief in Special Circumstances

The ANAO undertook an audit of Compensation Payments and Debt Relief in Special Circumstances during 2003—04 (Audit Report No.35 2003—04). The report examines a number of the means by which the Commonwealth may provide compensation or debt relief to individuals or entities.

The primary focus of the audit was on two measures enacted in the Financial Management and Accountability Act 1997, namely, act of grace payments and waivers of debt and one administrative mechanism, the Compensation for Detriment caused by Defective Administration scheme. The report also discusses briefly payments in special circumstances related to APS employment, which are made under section 73 of the Public Service Act.

The ANAO consulted the APS Commission in relation to the references in the audit report to these special payments made under the PS Act. One of the report’s recommendations suggests that there is a need to amend section 73(6) of the PS Act to make it clearer that payments made under this section can be made from outcome-based appropriations. The APS Commission supports this recommendation and is currently considering how to make the necessary amendment.

A further recommendation of the report, also supported by the APS Commission, is that the Department of Finance and Administration assess whether APS employment payments in special circumstances, made under section 73 of the PS Act, should be reported in the notes to agencies’ financial statements. The Financial Management and Accountability Orders (Financial Statements for reporting periods ending on or after 30 June 2004) were amended and now require that agencies’ financial statements must include a note that shows the number and aggregate amount of any payments made under section 73 of the PS Act during each reporting period.

Delegations to Outsiders: Section 78(8) of the Public Service Act 1999

In order to delegate any powers under the PS Act to an outsider, i.e. a person not employed under the PS Act, an Agency Head must obtain the Commissioner’s written consent before effecting any such delegations.

During 2003—04, there were 16 requests for such consent which were agreed to by the Commissioner, relating to the delegation of powers to 19 named individuals. Each request was considered carefully, bearing in mind the views and recommendations of the Senate Standing Committee on the Scrutiny of Bills regarding the need to ensure that the proposed recipients of such delegated powers possess such qualifications and attributes as would assist them in exercising such powers appropriately.

Employment-related services provided on a fee-for-service basis

The PS Act provides for the Public Service Commissioner to ‘provide advice and assistance on public service matters to Agencies on request’ (s41(1)(k)). Where this advice and assistance is not normally part of core Commission responsibilities, it is usually performed under a fee-for-service arrangement.

One of the main types of request for assistance on a fee-for-service basis from APS agencies accepted on behalf of the Public Service Commissioner during the financial year was assistance in relation to recruitment and selection activities. Most frequently, this involved the provision of panel members for APS selection advisory committees. In 2003—04, panel members were provided for 142 selection advisory committees in response to requests from 19 agencies. Those agencies which most frequently requested these services included the Australian Protective Service, the Aboriginal and Torres Strait Islander Service, the Insolvency and Trustee Service Australia and the Australian Electoral Commission. Other services provided in relation to recruitment and selection activities included the provision of selection committee convenors and scribes.

The APS Commission continued to provide a career advising service to agencies on a fee-for-service basis. Eleven such activities were finalised during the financial year. Other fee-for-service activities consisted of some one-off activities such as mediation and workforce planning services.

In addition to the above, the Regulations provide for the Merit Protection Commissioner to establish Independent Selection Advisory Committees for APS agencies and to carry out a range of employment-related functions for non-APS persons or bodies. The Merit Protection Commissioner may charge a fee for these services. Further information on these activities is provided in the Merit Protection Commissioner’s Annual Report.

The number and value of these fee-for-service activities was considerably lower than estimated, primarily because the estimate assumed the very large contract with the Australian Taxation Office in previous years would be replaced by other substantial contracts. This did not eventuate, and the expenses (and revenues) were accordingly less than estimated.

Public interest whistleblowing

The APS whistleblowing scheme is provided for by the PS Act and the Regulations. Section 16 of the Act prohibits the victimisation or discrimination of an APS employee who reported a breach or alleged breach of the Code of Conduct. The Regulations require Agency Heads to establish procedures for dealing with such reports. These procedures must observe procedural fairness, comply with the Privacy Act 1988 and provide that APS employees in the agency may report breaches or alleged breaches of the Code to the Agency Head, the Public Service Commissioner or the Merit Protection Commissioner.

Generally, disclosures should be made to the Agency Head, or a person authorised by the Agency Head, and investigated by the relevant APS agency. Where it is not appropriate for the Agency Head to deal with a particular matter or where the whistleblower is not satisfied with the outcome of the investigation by the agency, the whistleblower may refer the report to the Public Service Commissioner or the Merit Protection Commissioner.

The preparation of guidance to agencies on the management of the scheme has been postponed pending the outcome of the Commission’s evaluation of management of suspected breaches of the Code of Conduct (see page 83). That evaluation includes an examination of the methods used to facilitate and encourage staff reporting of suspected breaches and their effectiveness, including whistleblowing procedures. As a result of the emerging findings from the evaluation, the APS Commission is conducting a review of the operation of the whistleblowing scheme and the regulations.

There were twelve reports sent to the Public Service Commissioner during 2003—04, two less than the number received during 2002—03. Ten of these were from current employees and two were from private citizens.

Only three reports met the criteria for investigation by the Commissioner. Two contained allegations of abuse of employer powers by an Agency Head or senior employee. The third one alleged that a supervisor provided false information in relation to performance management and, in not approving a leave application for defence-related purposes, failed to comply with the law. As at 30 June these three matters were still being investigated; one was close to finalisation.

A further three reports are currently being considered by the Commissioner to determine whether they meet the criteria for investigation. These reports include allegations about distribution of pornography, denial of allocation of work and harassment.

The other six disclosures did not meet the criteria for investigation by the Commissioner. As the APS whistleblowing scheme does not cover reporting by members of the public, in the case of two disclosures from private citizens advice was provided on the appropriate ways in which their concerns could be addressed. These two cases involved allegations related to the handling of an application for allowances from Centrelink and a visa application.

The remaining four disclosures involved allegations of bullying and harassment, misuse of Commonwealth resources and lack of support for priority work projects. In one case the report related to a person who was no longer employed in the APS and in another the relevant agency was still considering the allegations. In the final two cases the employees concerned were advised that their reports should in the first instance be lodged with the relevant Agency Head.

The Commissioner also finalised an inquiry into a report received in the previous year relating to alleged breaches of the Code of Conduct in a selection process. The Commissioner concluded that the decisions in the selection process were accountable, justifiable and consistent with the merit principle and that there was insufficient evidence to support the allegations.

Further information on whistleblowing and cases referred to the Merit Protection Commissioner for attention is contained in the Merit Protection Commissioner’s Annual Report at Part 4 of this report.

Executive remuneration issues

The Commissioner, together with the Secretary of the Department of the Prime Minister and Cabinet, provided advice to the Prime Minister on the performance of Secretaries and Executive Agency Heads for the period 1 April 2002 to 30 June 2003, a transitional 15-month cycle necessitated by the Prime Minister’s decision to change the cycle to a financial year basis, effective for the 2003—04 financial year. The Prime Minister considered that advice in determining performance bonuses for Secretaries, and in endorsing relevant Ministers’ determinations regarding performance bonuses for Executive Agency Heads.

In making their report to the Prime Minister, the Commissioner and the Secretary of the Department of the Prime Minister and Cabinet consulted relevant Ministers, focusing on six criteria: contribution to whole-of-government priorities, support for the Minister, implementing government decisions, management, leadership and upholding the APS Values. Secretaries also provided their own assessment on their performance to be taken into account. In the case of Executive Agency Heads, the Commissioner consulted relevant portfolio Secretaries as well as the Ministers concerned, and advised the Prime Minister of the Ministers’ intended decisions.

TABLE 8: Performance information–Output Component 1.2.5

Target

Result

Quantity
Services to support any machinery of government changes, approval of delegations and case management of about 500 individual cases

Exceeded estimate–546 cases and 16 consents to delegations to outsiders.

Quality
100% of machinery of government changes completed within legislative timeframes
95% of approval of delegations to outsiders completed within 5 working days
A high level of satisfaction of clients with the accuracy, quality and timeliness of individual cases.

Achieved–100% of 11 machinery of government changes effected within legislative timeframes.

Not achieved–88% of approval of delegations to outsiders completed within 5 working days of receipt, the remaining 2 cases required further information from the requesting agency.

Achieved–Client satisfaction with service delivery consistently high as evidenced by very positive feedback and repeat business.

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