Coalition Senators' additional comments

1.1The Australian people expect and deserve a world-class public service in the context of the constitutional democracy as set out in our Constitution. A world-class public service in the context of our constitutional democracy is fundamental to the development, implementation and realisation of good policy and the public administration of our nation.

1.2There are many elements in the Bill that the Opposition supports, however, we believe this Bill can be further improved and will seek to move amendments to the Bill in the Senate.

1.3The changes included in the Government’s Bill respond, in part, to the review of the Australian Public Service (APS) that was commissioned by and responded to by the former Government, led by Mr David Thodey AO.

1.4The Coalition is concerned that the Government has not taken the opportunity in this Bill to better outline the core purpose of the APS: servicing the Australian people and the elected Government of the day.

1.5As is outlined in the Australian Public Service Commission guidance on the values and principles of the APS: Accountability relationships in the Australian constitutional and legal system can be summarised as:

(a)governments are accountable to the Australian people at elections;

(b)ministers are responsible for the overall administration of their portfolios and accountable to the Parliament for the exercise of ministerial authority; and

(c)public servants are accountable to ministers and, through them, to the Parliament for the exercise of delegated authority.[1]

1.6It is the view of the Opposition that this Bill presents an opportunity to provide this articulation of the accountability relationship. The APS is critical to the delivery of better outcomes for Australians, and the proposed Government amendments, in particular, to outline the APS purpose are a fitting opportunity to put that role of delivery front and centre.

1.7The Opposition also believes that the proposed mechanism of Capability Reviews as outlined in the Bill could be improved by requiring that those reviews are conducted in consultation with the relevant Minister. It is important, of course, that these reviews be conducted independently, to provide a clear assessment of how a Department or Agency is performing and how it is equipped for the challenges ahead.

1.8The Coalition will also seek for APS Capability Reviews to be tabled in Parliament within 15 sitting days.

1.9The Opposition trust that its amendments brought forward to improve this Bill will receive the support of the Government and the Parliament.

Senator the Hon Richard Colbeck

Deputy Chair

Footnotes

[1]Australian Public Service Commission, APS Values and Code of Conduct in practice, August 2017, p.9.