Additional comments from Labor Senators

Role and functions of DPS

The Department of Parliamentary Services provides important services to the Australian Parliament and to Members, Senators and their staff. This support and provision of services is critical to the effective functioning of the Parliament, to the work of Members and Senators on behalf of their constituents and by extension, to Australian democracy. The services provided to the Parliament are diverse and include the following distinct organisational functions:
library and research services
information and communication technology services
security services
building maintenance, ground and design integrity services
audio visual and Hansard services
art services
visitor services
food and beverage services
retail, health, banking, and childcare services, and
corporate, administrative and strategic services for DPS.
Some regular functions, notably cleaning, have been outsourced.
The conduct of a Senate Inquiry, with limited opportunity for evidence, and without independent expert support, is not an accurate or impartial means of evaluating DPS organisational culture and Labor Senators do not propose to set out a detailed critique of the organisational cultural features of the Department in the additional comments that we provide.
It is clear from the evidence to the Committee that there are problems of organisational culture – which go beyond individual instances of inappropriate conduct or decision making or allegations of breaches of policy, bullying or poor practice – and that these impact upon the wellbeing of employees and are inconsistent with the Department achieving its organisational objectives.

Concerns regarding DPS management

Over the past several years, through Senate Estimates and questions on notice, Labor has identified multiple examples of mismanagement and abuse of process within DPS. These have included health and safety breaches resulting in formal sanctions under the Commonwealth Work Health and Safety Act 2011, overspending on facilities upgrades and capital works, an inadequate workforce planning strategy resulting in one of the largest temporary staff and overtime spends of any Commonwealth agency, failure to properly manage payroll responsibilities resulting in the engagement of external consultants to resolve inaccurate records of employee leave accrual, months-long delays in the negotiation of contracts for cleaning staff, and a departmental culture marked by high staff turnover and poor APS employee survey results.
Labor notes that concerns over the mishandling of security upgrade works and business continuity management have been serious enough for the Commonwealth Auditor-General to list DPS on the ANAO’s proposed works program for two potential audits and proceed with a performance audit into security works.
At the time of writing, the Auditor General released its report ‘Security Works At Parliament House’. Due to the timing of its release in relation to the committee’s hearing and reporting schedule the committee was not in a position to consider the report, to hear DPS’ response, or to seek evidence from the ANAO. Relevantly, the Auditor General found “DPS did not establish effective contract administrative and performance monitoring arrangements. An external assessment of the effectiveness of some components of the capital works program in reducing the physical security risks identified in 2014, commenced in December 2020.” This does appear to have some bearing upon future consideration of the department’s compliance with Commonwealth procurement rules and associated governance requirements.
The unions which represent the different work categories inside DPS gave critical, but constructive accounts of their work within the Department and their experience with management. The evidence across all of the unions was largely consistent, and all of them emphasised their willingness to positively and transparently engage with DPS management, effectively represent their members and contribute to making the workplace better. Like the report of the majority of Senators, Labor Senators are encouraged by recent signs of progress in the negotiations between the unions and DPS management.

DPS Organisational Culture

The staff, from researchers in the Parliamentary library to security and maintenance are uniquely skilled, committed and passionate about the role that they play in their work in and around the Parliament. There is, however, a long history of complaints from staff about middle and senior management, allegations of conflict, bullying and inappropriate behaviour, poor communication and organisational dysfunction.
Witnesses to the Inquiry gave evidence of a culture of bullying, harassment and intimidation and raised concerns about some employees’ health and wellbeing being adversely affected.
Further, witnesses conveyed reports on behalf of DPS employees regarding the use of non-compliant equipment and employees being forced to undertake works in unsafe areas.
At the minimum these issues demonstrate a long term set of problems of organisational culture and of governance. Indeed the segmented organisational structure of DPS creates a set of quite distinct organisational cultural problems which intersect with each other and with the Department’s leadership, compounding the alienation of some employees from middle and senior management.
“Organisational culture” is not an excuse for poor performance, inappropriate conduct or conflict. It is a function of policy, practice and leadership that is critical to effective organisational performance and should be a consistent focus of measurement and improvement to ensure that the Department effectively fulfils its mission consistent with its obligations to the Parliament, to Members and Senators and to the public, aligned to all of the legal, governance, occupational health and safety and industrial frameworks within which it operates.
It is trite to observe that organisational culture is the sum of staff and management responses to external as well as internal interactions. Everyone within the Department and who interacts with the Department contributes to the organisational culture, including the Department’s employees, middle and senior management, Members and Senators and their staff, service providers and other stakeholders. The Department operates in a complex, multifaceted and difficult environment and the current leadership would have inherited a challenging set of cultural norms, behaviours and practices when they commenced. However, none of the forgoing obviates the responsibility of senior leadership for establishing the right organisational culture and the effective governance of policy and practice and leadership. While all employees, their unions, other Parliamentary Officers, MPs and Senators and their staff, other stakeholders who interact with the Department can and should contribute to improving organisational culture and performance, the task of getting culture and performance right at all levels is the task for which the senior leadership of the Department is responsible.
Improved performance – particularly of organisational culture – must be a function of leadership, policy and practise, of which features of the organisational culture, performance and governance are measured and reported, what workplace behaviours are punished and which are rewarded.

ICT Capabilities

A common theme from witnesses is that communication between DPS management and staff is poor and sporadic, and that regular ICT disruptions have negatively impacted on business continuity and been a source of deep frustration for staff attempting to complete tasks and meet deadlines.

Recommendations

Recommendation 

DPS should identify improving organisational culture as a key organisational objective. Workplace culture metrics should be identified in consultation with staff and stakeholders, consistent with the Department’s legal, industrial, occupational health and safety and performance obligations. A baseline evaluation should be conducted and progress reported on regularly to staff, to the Parliament and in the Department’s public reporting.

Recommendation 

The ongoing remuneration and tenure of senior leaders in the organisation should be linked to their contribution to the achievement of improved organisational culture.

Recommendation 

DPS management contests some of the criticisms levelled at them by staff. Notwithstanding this, DPS management should ensure that there is a high level of confidence in their reporting of occupational incidents, illness and injury to Comcare; compliance with relevant occupational health and safety legislation; clear communication about how to report allegations of bullying and harassment; proper training of staff in how to deal with allegations, and; timely and constructive responses to workplace issues raised with them.

Recommendation 

The Committee and the Senate has received limited in-camera material in relation to the events that surround the alleged sexual assault in the ministerial wing in 2019 because relevant investigations and legal processes have not concluded. In due course there must be a full and proper accounting by DPS in relation to its conduct during, and response to, these events. DPS should carefully and comprehensively review its security and other relevant policies and practice, including the various MOUs with the Australian Federal Police to ensure that it fully discharges its responsibility for the safety and security of building occupants.

Recommendation 

Labor Senators note Recommendation 2 of the Committee Report in relation to the security and performance of the Parliament House ICT system. Effective ICT delivery in the environment of these complex and elevated cyber security challenges, in the context of an independent parliament and significant public and national interest questions, requires: firstly, a predictable, transparent and consistent reporting framework for users of the system, and; secondly, a clear and effective communication to users and the public when cyber events or outages occur. DPS should consider these issues, consult with relevant agencies and report regularly and transparently on changes and improvements to ICT to the parliament.

Recommendation 

DPS must ensure it complies with the Commonwealth Procurement Rules at all times and must immediately improve its internal reporting responsibilities to eliminate non-compliance.
Senator Tim Ayres
Deputy Chair
Senator Kimberley Kitching
Member

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