List of recommendations

6.22The Committee recommends the Department of Finance issues guidance that makes clear to public officials that if they breach finance law, suggesting there was no malice or personal gain is not sufficient to fulfil their obligation under the Public Governance, Performance and Accountability Act 2013 to act honestly, in good faith, and for a proper purpose.

6.41The Committee recommends that the Secretary of the Department of Health and Aged Care formally reviews the appropriateness of the ‘congestion busting’ awards in light of the ANAO report, and considers whether the awards for this project should be revoked, in particular from senior officers involved.

6.47The Committee recommends the APS Employee Census be augmented with questions asking officers of their level of confidence that agencies’ assessments, advice and decisions on issues such as procurement, grants, regulatory actions, and so on, comply with both the letter and intent of legislative and regulatory frameworks.

6.50The Committee recommends the Australian Public Service Commission develops clearer guidance for entities that contains a definition of culture, and metrics on building, measuring and assessing organisational culture as it applies to probity. Metrics for culture must be capable of providing insights and assurance of the extent to which officers are in fact behaving in a way that is right and proper, and according to the letter and the intent of the law.

6.51The Committee recommends the PGPA Act Framework be amended to introduce a requirement for entities to develop and maintain an overarching Integrity Framework that brings together:

the relevant legislative, regulatory and policy frameworks through which the agency functions

assessments of major integrity risks

statement of the desired culture as it applies to officers demonstrating probity and acting ethically as they carry out their responsibilities

assurance mechanisms of sufficient substance and scope, appropriate to the size of the entity and its risks, for accountable authorities to be confident officers are acting according to the letter and the intent of the frameworks

robust accountability arrangements.

Accountable Authorities must report on their Framework, including culture, in their annual report and state they have evidence officers in their agency are acting with probity.

6.59The Committee recommends the Department of Finance and the Australian Public Service Commission each develop an approach, including robust metrics, to provide reasonable assurance that the policy frameworks they administer are effective. An update is to be provided to the Committee within six months, including timelines to complete this work.

6.79The Committee recommends the Department of Infrastructure, Transport, Regional Development, Communications and the Arts provides an account of exactly how its approach to acquisitions satisfies the requirements of the Commonwealth Procurement Rules, including the requirement that procurements encourage competition; and explain how its acquisitions, collection management and leasing approaches satisfy the four purposes outlined in Artbank’s Charter of Operations.

6.81The Committee recommends that the Department of Infrastructure, Transport, Regional Development, Communications and the Arts provides to the Committee Artbank’s specific methodology for determining value for money in the context of its procurement decisions.

6.83The Committee recommends the Department of Infrastructure, Transport, Regional Development, Communications and the Arts provides the Committee with Artbank’s strategic plan and integrity framework and their implementation schedule, and reports on a six-monthly basis for the next two years to the Committee on progress to implement the strategic plan.

6.85The Committee recommends the Department of Infrastructure, Transport, Regional Development, Communications and the Arts explains to the Committee how it has implemented recommendation 3 of the 2006 Artbank audit that submissions by artists should have a documented assessment against the acquisition criteria. This should demonstrate how the Department has complied with the intent of the recommendation that there be a documented assessment regardless of whether a decision to acquire the artwork has been made. If the Department does not intend to implement the recommendation then it should explain why.

6.105The Committee recommends the Department of Finance reviews the protocols and common practice whereby officials supporting Ministers seeking routine approval for expenditure decisions via correspondence outside full Cabinet processes ensure there is a reasonable balance struck between efficiency and rigour in such decision-making, and that agency advice is robust and appropriate.