Carina Garland (Chisholm, Australian Labor Party) | Hansard source

I rise in support of the Public Service Amendment Bill 2023, which is a really important piece of legislation that will help the Australian Public Service transition to the next era of its functionality and purpose. We all know on this side of the House how essential the role is that public service staff play. It would be remiss, at the outset of my remarks, not to thank our public servants for the excellent work that the vast majority of them undertake.

We are fortunate that we have some of Australia's best and brightest employed with the Australian Public Service, and our country is better for it. Indeed, many employees have chosen a career with the public service because of their deep belief in the value and work of the public service, and I know that we in this place are all beneficiaries of the tremendous contributions our public servants make. The APS will undergo a significant transition because of this vital piece of legislation, ensuring its ability to continue serving the Australian government, the parliament and, importantly, the Australian people.

The Public Service Amendment Bill contains several noteworthy elements, but it's also vital to emphasise the substantial research and consultation that went into its creation. The 2019 independent review of the Australian Public Service, known as the Thodey review, served as a major inspiration for the proposed changes. It was late last year that the Minister for the Public Service, Senator Gallagher, outlined the government's reform ideas in terms of four priority areas—those being: an APS that embodies integrity in everything it does; an APS that puts people and business at the centre of policy and services; an APS that is a model employer; and an APS that has the ability to do its job well. Over 11,000 people and organisations were involved in this extensive evaluation, which held more than 400 meetings, workshops and informational sessions. The provisions of this bill have been profoundly shaped by the knowledge gathered by this comprehensive consultation process.

The bill's consultation process was multifaceted, ensuring that a wide spectrum of viewpoints was considered. Between 3 May and 31 May this year, the proposed revisions were open to public comment. This required the publication of an overview paper, an exposure draft of the legislation and supporting documentation. The response was positive, and the public provided insightful feedback. Engagement with APS agencies, HR departments, academics, employee networks and employee representative organisations were major components of the consultation process. This open-minded strategy made it possible to fully comprehend the requirements, goals and issues of individuals who are directly involved in the APS. The contents of this bill have benefitted greatly from their knowledge and viewpoints.

It's important to mention that the measure implements several of the Thodey review's most important recommendations. For instance, the addition of the APS value of stewardship directly addresses recommendation 5, which advocates for the strengthening of the APS values and guiding principles. The bill affirms the permanent function of APS personnel, in supporting succeeding administrations, the parliament and the entire country. The APS Purpose Statement, as it is outlined in the proposed legislation, is in line with Thodey review recommendation 6, which emphasises the creation and embedding of an inspiring purpose and vision, to bring the APS together in serving the country. All agency leaders and staff will use this purpose statement as a unified framework to guide their decisions and actions. By allowing APS personnel to make decisions that are appropriate to their level of competence and categorisation, this solution reduces needless hierarchy and promotes effective and efficient governance.

Another important part of the bill is the implementation of the regular APS capacity reviews suggested by the Thodey review. This addresses recommendation 2a, which urges evaluations that are future focused to strengthen organisational capability and guarantee responsibility.

The APS will be better able to respond to challenges and provide the Australian people with efficient and effective services because of these reforms. Through this bill, the fundamental goals and principles of the APS will be strengthened, along with its capacities and competencies. Good governance, accountability and openness will be encouraged. The solution to long-lasting change lies in this bill. One of the fundamental objectives of this bill is to enhance the APS's core purpose and values. The new APS value of stewardship, which requires all APS employees to uphold their commitment to the long-term effects of their actions, does help to accomplish this. By integrating stewardship into the APS, we make sure that our Public Service places emphasis on meeting not just our society's current demands but also its long-term needs for capacity-building, institutional knowledge and support of the public interest. This dedication to stewardship will guarantee that public administration is carried out in a sustainable and responsible manner.

This bill also creates an essential foundation to support the APS's mission and ideals. It gives the Secretaries Board the authority to create a single, cohesive APS purpose statement that would act as a standard for all agency leaders and staff. We can make sure that this purpose statement is still applicable and in line with how our society is changing by examining it frequently. As a result, the APS will be able to continuously uphold and promote its values and employment standards, promoting an environment that prioritises excellence and public service.

The bill also emphasises the apolitical nature of the APS, preserving its integrity and independence. By clarifying and reinforcing act provisions, it emphasises the idea that ministers cannot direct agency heads on specific APS employment decisions. The Public Service will work impartially and make choices in the best interests of Australians because of this reaffirmation of the APS's apolitical attitude. This measure also gives priority to enhancing the APS's capacity and knowledge.

The Australian Taxation Office, Services Australia and each department of state will also undergo frequent, public independent reviews of their capabilities. These evaluations will identify the organisation's areas of strength and need for improvement. The result, together with action plans, will be made public. The APS will become more efficient in providing services and addressing the changing demands of the Australian public thanks to this dedication to self-evaluation and development.

The bill also requires the Secretaries Board to commission periodical long-term insights reports. The APS can successfully manage the difficulties of the future by increasing confidence in its knowledge and understanding, which will eventually benefit us all. The measure also encourages accountability, transparency and good governance within the APS. The results of the APS employee census for the agencies must be made public, together with action plans to deal with the findings. This dedication to openness promotes a culture of continual improvement within agencies, motivating staff members and boosting the APS's overall effectiveness. Unnecessary hierarchy is removed, and APS personnel are given the freedom to contribute to the fullest extent possible by being allowed to make decisions that are in line with their knowledge and authority.

It should be noted that the Public Service Amendment Bill is a significant law that opens the door to genuine transformation inside the Public Service. This bill enables the APS to better serve the Australian government, the parliament and Australians by strengthening the core purpose and values, expanding its capabilities and expertise and maintaining good governance, accountability and transparency. This culture is really important, I think, as the parliament has recently seen, for us to foster in our Australian Public Service.

In the context of this amendment being debated, I should also acknowledge the huge toll taken that we've witnessed through the recent robodebt royal commission. The Minister for the National Disability Insurance Scheme and Minister for Government Services, Bill Shorten, summed up this situation best when he said:

There was no sugar coating the cost of Robodebt—the financial cost, the reputational cost to government, but most of all, the human cost.

We now know that the former coalition government effectively treated vulnerable Australians as criminals at best or as second-class citizens at worst. We know that robodebt unlawfully raised $1.8 billion of debt against approximately 435,000 vulnerable Australians. Instead of being provided with the great Australian safety net in their time of need—a safety net that many of them contributed to funding over the course of their working lives—they were punished.

It is also important to note that the royal commission was an independent process that was overseen by Commissioner Holmes. Justice Murphy, the judge presiding over the case, approved the largest class action settlement in Australian history. He described the scheme as a 'shameful chapter' and a 'massive failure in public administration'. It was a shameful chapter in a shameful period in the history of this country and a shameful example of governance.

Even more shameful than what we witnessed was that, instead of acknowledging the error of their ways, those opposite, when in government, effectively misled the Australian public and gaslit people: 'Nothing to see here!' Some of the most vulnerable members of our communities were made to feel humiliated, like criminals, and then the pain that they had experienced was denied.

We know that the treatment of the most vulnerable Australians that were targeted by this scheme resulted in some heartbreaking consequences. In the royal commission's final report, Commissioner Holmes stated:

Truly dismaying was the revelation of dishonesty and collusion to prevent the Scheme's lack of legal foundation coming to light.

…   …   …

The ill-effects of the Scheme were varied, extensive, devastating and continuing.

…   …   …

At the least, I am confident that the Commission has served the purpose of bringing into the open an extraordinary saga, illustrating a myriad of ways that things can go wrong through venality, incompetence and cowardice.

We have now seen that the commissioner has referred some individuals to various regulatory agencies. As a government, we have also appointed an independent reviewer to determine whether public servants who are subject to adverse findings have breached the APS Code of Conduct. It is important to our government that these most recent revelations brought about by this botched handling of the scheme do not result in an insular public service. We cannot encourage a public service that shirks the responsibility of providing frank and fearless advice to government due to any potential ramifications, either real or perceived. That's why clarifying section 19 of the act by providing that ministers must not direct agency heads on individual employment matters of the APS is so important.

The former Liberal coalition government's botched handling of this whole moment in our history—the robodebt debacle—highlights the need for comprehensive reforms within the Public Service so that we do have accountability, transparency and fairness in government practices. That's what Australians expect. It should be no surprise that our government, which was elected on a platform of integrity and rebuilding trust in institutions of government, has a reform agenda that is squarely focused on improving integrity.

This bill is an essential step towards regaining public trust in the Australian Public Service and all government operations and institutions by including provisions to address the shortcomings of the robodebt scheme and to make sure it doesn't happen again in the future. We aim to solve these flaws by encouraging greater supervision, better governance and improved procedures for Australians to make complaints about ineffective government.

This bill introduces a new APS value of stewardship, underlining the APS's responsibilities in facilitating institutional learnings, strengthening capacities and promoting the public's interest now and in the future. We are putting forth this bill to make sure that we have an Australian Public Service that is able to act in the best interests of all Australians and so that we do not see the shameful chapter that was presided over by the previous government repeated. Australians deserve so much better, and under our government they're going to get it.

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