The Ethical Challenges in the Public Service Hong Kong 12 December 2002 Mr Andrew Podger Public Service Commissioner

Key messages The importance for modern, self-confident Government of having fundamental public sector values deeply embedded Values-based management needs ‘hardwiring’ into organisational systems and procedures if it is to successfully affect behaviour and relationships If greater risk of fraud or corruption then there is a greater need for rules and controls Before discussing the APS Values and the Code of Conduct, it is important to go back to the legislation that embodies them, the Public Service Act 1999 (the Act). The Act aims to: recognise accountability; embody the values of the APS in legislation that distinguish it from other enterprises, and thus ensure that these values are maintained and upheld (public service values include accountability, integrity, impartiality, professionalism, ethical behaviour, fairness, equity and diversity); through the embodiment of the Values and Code of Conduct, spell out the responsibilities of employees; through the Values and other parts of the Act provide certain rights for employees (e.g. review of actions); and Section 35(2)(c) of the Act requires SES employees ‘by personal example and other appropriate means, promote the APS Values and compliance with the Code of Conduct’. Australian Public Service Commission

CAPAM – Characteristics for Justified Self Confidence Increased involvement by citizens More partnerships More deliberative organisational learning (‘weaving the future’) Most importantly, appreciation of the democratic fundamentals including the rule of law Australian Public Service Commission

‘Values have traditionally played a central role in the context of public service ethics and can be traced back to both Weberian philosophy and to the influence of developments such as the British Northcote-Trevelyan reforms which were introduced as a reaction to the previous climate of patronage and favouritism.’ (Williams, 1999) Australian Public Service Commission

25 years of Public Service Reform Financial management Competition policy Responsiveness to the elected Government Workplace relations Service delivery E-Government Australian Public Service Commission

(Williams, 1998) Australian Public Service Commission ‘At the same time there is growing emphasis on corporate governance issues in the private sector and both the public and private sectors…From both sides … public and private sector management practices appear to be converging. (Williams, 1998) Australian Public Service Commission

Values and Code of Conduct Public Service Act 1999 Values and Code of Conduct Public Service Commissioner’s Directions for each Value Sanctions available Agency Heads must uphold and promote Values Commissioner evaluates The extent to which Agencies incorporate and uphold Values Their systems and procedures for ensuring compliance with the Code Australian Public Service Commission

APS Values – Relations with the Government Apolitical, impartial, professional Employment decisions based on merit Openly accountable Responsive to the elected Government Australian Public Service Commission

APS Values – Relations with the Public Delivering services effectively, impartially and courteously Sensitive to the diversity of the public Focusing on achieving results Australian Public Service Commission

APS Values – Workplace Relations The merit principle Valuing communication, consultation, cooperation Achieving results and managing performance Promoting equity in employment Providing opportunity for community to apply for employment Fair system of review of decisions. Australian Public Service Commission

APS Values – Personal Behaviour Highest ethical standards Code requires honesty and integrity care and diligence treating everyone with respect and courtesy avoiding conflicts of interest not making improper use of position Australian Public Service Commission

Evolution to Values-Based Management 1960’s – 1980’s Objectives-based management, management for results, TQM 1980’s – 1990’s Performance management, skills, competence, HR Late 1990’s to now Values, leadership capabilities, “emotional intelligence” Australian Public Service Commission

Application to outsourced service providers Challenges for the APS Leadership by example Application beyond ongoing employees, to non-ongoing employees, labour hirees, contractors Application to outsourced service providers Conflict of interest with wider contracting, partnering in the APS Record-keeping Australian Public Service Commission

Other Challenges for the APS Continued improvement to performance management and organisational capability Workforce planning Whole-of-government approaches to policy, service delivery and issues management Australian Public Service Commission

‘Australia is incredibly lucky to have a cadre of senior public servants who are diligent to a fault, culturally self-aware, brighter than the average businessman or politician … senior officials retain an old-fashioned sense of vocation, of serving the nation as much as holding down a job. Most could earn more doing something else but remain at their posts from a sense of calling.’ (Tony Abbott) Australian Public Service Commission