The Australian Public Service Commissioner (APSC) is tasked with ensuring our bureaucrats are kept in line and are living up to the standards expected by the Australian public. One of those standards is impartiality.
I raised the issue that government organisations appear to be offering support or endorsement of net-zero policies, rather than simply providing comments on what would be required to implement them.
The APSC doesn’t appear to view this as a problem, based on their responses.
Transcript
Senator ROBERTS: Thank you for appearing tonight. I’ve only got two short questions. There seems to still be an abundance of public servants, agencies and departments making submissions outlining explicit support for net zero policies. We visited this before, but I’m still unclear about how that meets the Public Service standard of impartiality. Shouldn’t those submissions not endorse government policy and only talk about the mechanics of implementing it?
Dr de Brouwer: I think it’s also the obligation of public servants to implement government policy, and I’d be reading from what you’re saying around that characterisation that the public servants are implementing government policy, and they’re talking about how to go about that implementation.
Senator ROBERTS: That’s my point there. They’re endorsing policies. I can accept that they can discuss the mechanics of implementation, as I said, but not the endorsement of policy.
Dr de Brouwer: I would have to see the material to make any comment on that. Essentially, it is their responsibility to explain that.
Senator ROBERTS: I’ll go to the second question. I’m interested in when a submission might specifically say, for example, ‘This department supports the implementation of net zero.’ Net zero is a government policy, so I’m still struggling to understand how supporting or opposing a particular government policy meets the standards of impartiality.
Dr de Brouwer: I think you really need to ask that to them, Senator. With my familiarity with cabinet documents, I’ll say that it may be that they’re talking about a particular implementation pathway, and they can see that implementation path as being feasible and practical, and they’re saying, ‘Yes, we can do that.’ The term that officials may use in that is to say, ‘I support that,’ because they can do that, rather than they necessarily agree—
Senator ROBERTS: I can see some merit in what you’re saying, but, as I said, I’m interested in when a submission might specifically say, ‘This department supports the implementation of net zero.’ They’re basically saying the whole department supports net zero.
Dr Bacon: It’s hard to tell in the abstract without seeing the context of what you’re quoting from, but I do wonder if they meant ‘support’ in the sense of deploying resources, expertise, personnel to implement the government of the day’s policy. When we talk about implementation, as Dr de Brouwer said, sometimes we, in a public service setting, use the word ‘support’ to talk about the deployment of personnel, expertise and resources.
Senator ROBERTS: Okay, but do you still agree that public servants should not express their opinion about a policy, just the implementation of it?
Dr Bacon: The job of public servants is to implement the policies of the government of the day, and also we have a role in explaining the policies of the government of the day as well. The Australian Public Service Commission has guidance that we issue that steps out how those judgements ought to be made about when it is appropriate for public servants to comment, how public servants might comment and how the code of conduct and the values that are set out in the Public Service Act apply in different circumstances. It is something that is difficult to comment on in the abstract, because it’s a judgement on a case-by-case basis—that’s what our guidance says—taking into account a range of factors that we recommend people apply. That draws on High Court case law, for example.
Senator ROBERTS: I don’t intend to take it to High Court.
Dr Bacon: Sure. These principles have been considered, and we’ve incorporated that into our guidance.
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