Recommendation 10.

The Committee recommended the ACTPS take the necessary steps to ensure exit data relating to Aboriginal and Torres Strait Islander employees is collected and reported:

(a) to the ACT Aboriginal and Torres Strait Islander Elected Body;

(b) in directorate annual reports for 2013-14; and

(c) in annual ACT Public Service State of the Service reports.

Government Response – Agreed in principle

The Government aims to improve the collection of exit survey data for workforce planning and reporting purposes. Presently, an exit survey is available to all staff to be completed on a voluntary basis.

In line with the review of the RED Framework, the ACTPS will consider how best to update the survey in line with the One Service model, and will consider continuous improvement in promoting the survey and its benefits to all staff.

The Agency Survey component of the ACTPS State of the Service Report has been reviewed to improve validity and usefulness of data collected and reported, especially around RED themes. Directorate level reporting on RED contacts is being reviewed to ensure consistency.

Consideration has been given to the usage and success of exit surveys across the ACTPS, as well as how exit data can be better captured and analysed. Changes to the exit survey remain dependent on the introduction of enabling technology.

Complete.

In progress.

Recommendation 23.

The Committee recommends that the ACTPS examine ways of working with the Australian Indigenous Leadership Centre for the delivery of innovative diversity and mentoring training for all ACTPS employees.

Government Response – Agreed

The Government is committed to innovative ways to retain Aboriginal and Torres Strait Islander employees, and will further investigate this recommendation in the context of the review of the RED Framework currently underway.

It should be noted that JACS is investigating this concept, and CMTEDD will monitor progress, including continuous improvements in the area of diversity and mentoring training.

Consultation has continued with the Australian Indigenous Leadership Centre over 2016-17 as part of the Aboriginal and Torres Strait Islander Traineeship.

CMTEDD liaised with the Office of Aboriginal and Torres Strait Islander Affairs in CSD to establish in-house mentoring arrangements for the ACTPS Aboriginal and Torres Strait Islander Traineeship.

Complete.

Recommendation 26.

The Committee recommends that the ACT Public Service establish a Work in the Assembly Program for Aboriginal and Torres Strait Islander employees along the lines of the current Work in the Assembly Program which is open to all ACT Public Service employees at the Administrative Service Officer 6 or Senior Officer Grade C levels.

Government Response – Agreed

Directorates have indicated support for such a program, including opportunities for employees to learn more about the Assembly by participating in the Introduction to the Legislative Assembly and Budget Process programs.

This recommendation will be considered in the context of the review of the RED Framework and in consultation with the Office of the Legislative Assembly.

Further discussions are to be held with the Office of the Legislative Assembly with a view to linking this recommendation with their existing program.

In progress.

Recommendation 31

The Committee recommended the ACTPS review the merit of implementing an Indigenous leadership program similar to that proposed by the New South Wales Public Service Commission, and report its findings to the Australian Capital Territory Aboriginal and Torres Strait Islander Elected Body and the Legislative Assembly.

Government Response – Agreed

Directorates have indicated support for an Aboriginal and Torres Strait Islander leadership program as a vehicle to increase the capability of current and future Aboriginal and Torres Strait and to increase the attractiveness of the ACTPS to aid in the attraction and retention of Aboriginal and Torres Strait Islander people.

Initial investigation of the program has commenced, and the recommendation will be considered in the context of the review of the RED Framework.

Funding was allocated in the 2016-17 Budget for an Aboriginal and Torres Strait Islander Career Development and Retention Program. The focus of the program has been to support and develop Aboriginal and Torres Strait Islander employees in the ACTPS.

The program was run in May 2017 and has involved 27 Aboriginal and Torres Strait Islander employees participating in development activities that will help them progress in their career, both at level and for future promotions.

The program has been a mix of whole of cohort, peer support, mainstream and individual activities, based on individual development plans. Individual career and employment support, coaching, mentoring and advice has also been provided to participants.

The Office of Aboriginal and Torres Strait Islander Affairs in CSD and the ACT Indigenous Employee Network Murranga Murranga were involved with this program.

Complete.

Recommendation 10.

The Committee recommends that the ACT Government formally write to all ACT Government agencies advising of Agency’s obligations with respect to parliamentary privilege, and in particular their obligations with respect to witnesses and submitters to inquiries of committees of the Legislative Assembly for the ACT.

Government Response – Agreed

The whole of government Executive induction package has been updated to include information on parliamentary privilege. The Executive induction package is available on the ACTPS Employment Portal - www.cmd.act.gov.au/employment-framework/for-executives/actps-executive-induction.

The Head of Service will write to Directors General advising them of the updates and offering to work with agencies on including this information in agency-specific induction packages. Workshops were completed in 2016 with senior managers and executives to ensure a comprehensive awareness of parliamentary privilege across ACT Government Executive.

As well as updating the whole of government Executive induction package and holding workshops for senior managers and executives, the ACTPS Induction Manual has also been updated to include information on parliamentary privilege. This Manual is emailed to all new starters in the ACTPS.

Complete.

Recommendation 34.

The Committee recommends that the ACT Government should consider developing and launching an updated Aboriginal and Torres Strait Islander employment policy for the ACTPS.

Government Response – Agreed

The Employment Strategy for Aboriginal and Torres Strait Islander Peoples is being refreshed and expanded to include new whole of government initiatives that will provide directorates with increased support to reach their annual employment targets and meet the whole of government target by 2018-19.

Consultation is underway with directorates on the development of an Inclusion Policy for the ACTPS, taking into account individual directorate goals and commitments along with the CMTEDD Inclusion Initiatives.

Alongside this work individual stand alone employment frameworks have been developed for both Aboriginal and Torres Strait Islander People and People with Disability, and are scheduled for release in 2017.

Complete.

Recommendation 54

The Committee recommends that the ACT Government consider the establishment of a lobbyist register for the ACT Public Service and report back to the ACT Legislative Assembly about how this system will be implemented.

Government Response – Agreed in principle

The current ACT Register of Lobbyists (the Register) applies to public servants and is managed by the Clerk of the Legislative Assembly.

The Guidelines for the Register outline that the Register applies to all ‘public officials’ being Members of the Legislative Assembly, any person employed by such a person under the Legislative Assembly (Members’ Staff) Act 1989; and any person employed under the Public Sector Management Act 1994 – which includes public servants.

The Register is supported by Guidelines, a Code of Conduct and an overarching principle that lobbying and lobbyists play a vital and beneficial role in any democracy. All these elements are designed to support the work of MLAs for the ACT and to maintain public confidence in Government process.

The Lobbyist Register was established in 2014 predominantly to provide transparency and in recognition of “lobbying” being a legitimate activity within the democratic process. It was originally contemplated that MLAs would most commonly be the subject of lobbying activities by recognised lobbyists.

The register enabled MLAs to confidently entertain a registered lobbyist without perceptions of impropriety.

Subsequent guidance further recognised that senior public servants may also be the subject of lobbying activity seeking favourable outcomes.

To this end, public servants have been educated to recognise when they may be being lobbied and ensure the lobbyist is appropriately registered. Reminders about the register have been distributed to ACT public servants.

It is important that the register is maintained as a single source of authority for a lobbyist to engage in lobbying activity with any public official, be they an MLA or public servant.

The register continues to apply equally for public servants and MLAs and there is limited value in establishing a separate register for public servants.

Complete.

Recommendation 55

The Committee recommends that the ACT Government consider implementing a system that records details of relevant representations made to the ACT Government.

Government Response – Agreed in principle

The ACT Government will investigate, with the Office of the Legislative Assembly, the feasibility of establishing a register of representations as part of the Lobbyist Register.

Feasibility and the mechanics of an additional reporting requirement under the Lobbyist Register continue to be explored.

In progress.

Recommendation 6

The Committee recommends that the ACT Government consider developing initiatives to increase awareness of Aboriginal and Torres Strait Islander businesses and the Aboriginal and Torres Strait Islander Agreement within directorates.

Government Response – Agreed in principle

Increased employment and private enterprise for Aboriginal and Torres Strait Islander Peoples in the ACT is a quality life outcome identified in the Aboriginal and Torres Strait Islander Agreement 2015- 2018. Achievement against this quality life outcome will be monitored and reported through the Agreement’s implementation plan.

The Aboriginal and Torres Strait Islander Agreement 2015-2018 is overseen by OATSIA and reported by the entity through the Agreements implementation plan.

Promotion of the Agreement and associated priorities is done, when appropriate, in partnership with the Head of Service through whole of government messages to increase awareness and provide support.

In progress.

Recommendation 14

The Committee recommends that ACT Health explore the reasons behind low completion rates for traineeships and for other Aboriginal and Torres Strait Islander programs.

Government Response – Agreed

The previous whole of government Indigenous Traineeship was coordinated through OATSIA in the Community Services Directorate. The last program was undertaken in 2012-2013 and had 13 Trainees. ACT Health had three placements, two completed the traineeship, and one withdrew.

The whole of government Aboriginal and Torres Strait Islander Traineeship is now being coordinated through the Workforce Capability and Governance Division in CMTEDD. ACT Health has taken on one trainee within the People Strategy and Services Branch. Reviews of previous Indigenous traineeships identify that some of the reasons for trainees not completing programs was the lack of support, development and pastoral care. This is one of the key areas of support focussed on by the coordinators of the program and the workplace in new traineeships.

The new Aboriginal and Torres Strait Islander Traineeship commenced in August 2015 with permanent positions available to the trainees on completion of the traineeship. There are 11 trainees across the ACTPS and one is employed by ACT Health.

The 2016 Aboriginal and Torres Strait Islander Traineeship consisted of 11 participants with 10 graduating in August 2016 and accepting full time positions.

The Aboriginal and Torres Strait Islander Traineeship is coordinated by the Whole of Service Employment Inclusion Team in the Workforce Capability and Governance Division in CMTEDD. The team has placed a focus on pastoral care, support, and Trainee development.

Due to the success of the 2016 program a second cohort of eight trainees began the program in February - April 2017.

Complete.

Several of the unsuccessful applicants from the ACTPS selection process also identified as having a disability, have been contacted and encouraged to apply for the Disability Inclusion Employment Traineeship that is proposed in 2016-17.

The new Aboriginal and Torres Strait Islander Traineeship allows for a variety of certification qualifications to be achieved based upon the needs of both the individual trainee and the directorate that the trainee will be placed with upon completion of the traineeship. An Alumni will also be created to accurately show the success of trainees if they move on from the program.

The next whole of government Aboriginal and Torres Strait Islander Traineeship is proposed to start in 2016-17.

Last calendar year ACT Health placed six Australian School Based Apprentices (ASBAs) within the People Strategy and Services Branch, three identifying as Aboriginal and or Torres Strait Islander and three identifying with a disability.

One of the Indigenous apprentice left the program early to undertake a university bridging course that would assist with starting university earlier to undertake nursing studies. The remaining five apprentices completed and graduated the program.

Currently ACT Health has two apprentices identifying as having a disability.

Work is being undertaken to secure more placements within ACT Health. This is in line with the creation of an ASBA register pool, for areas/units within ACT Health to obtain potential placements in their areas programs.

Recommendation 7

The Committee recommends that the Emergency Services Agency (ESA) consider conducting staff audits of attitudes to diversity in the workplace.

Government Response - Agreed

The directorate proposes a whole of service approach is taken with CMTEDD taking the lead in relation to a whole of government strategy on diversity.

In addition the directorate is currently progressing the development of a new employment strategy for Aboriginal and Torres Strait Islander people. The strategy will build upon outcomes of discussions at an Aboriginal and Torres Strait Islander employee forum held on 3 December 2015 and the advice sought from the ACT Human Rights Commissioner and the Australian Human Rights Commissioner. The strategy will be implemented in 2016. These strategies have been developed involving ESA representation.

The Workforce Capability and Governance division and Whole of Service Employment Inclusion Team have developed and sourced a number of resources, and initiated a number of programs, to support diversity in the ACTPS during 2016-17.

This includes:

• refreshed ACTPS People with Disability and Aboriginal and Torres Strait Islander Employment strategies (for release in late 2017);
• promotion of the AND Manager’s Guide on Disability;
• holding disability awareness workshops;
• indigenous employee networks; and
• an informal Disability practitioners network.

The Workforce Capability and Governance division will continue to produce resources and support directorates in improving diversity within the ACTPS workforce.

Complete.

Recommendation 2

The Committee recommends that ACT Government directorates and agencies should ensure complete reporting with all compliance requirements as specified in the Annual Report Directions.

Government Response - Agreed

The Annual Report Directions 2014-15 required directorates and agencies to produce a compliance statement that indicates how the requirements of the Directions are satisfied.

Complete.

Recommendation 3

The Committee recommends that ACT Government directorates and agencies should ensure complete reporting with all compliance requirements as specified in the Annual Report Directions.

Government Response – Agreed

Agencies have internal processes in place to ensure that the compliance requirements as specified in the Annual Report Directions are met.

The ACT Government continues to ensure that agencies are aware of the Annual Report Directions and will also continue to provide guidance where required.

The Annual Report Directions 2014-15 required directorates and agencies to produce a compliance statement that indicates how the requirements of the Directions are satisfied.

Complete.

Recommendation 54

The Committee recommends that the ACT Government consider the establishment of a lobbyist register for the ACT Public Service and report back to the ACT Legislative Assembly about how this system will be implemented.

Government Response – Agreed in principle

The current ACT Register of Lobbyists (the Register) applies to public servants and is managed by the Clerk of the Legislative Assembly.

The guidelines for the Register outline that the Register applies to all ‘public officials’ being Members of the Legislative Assembly, any person employed by such a person under the Legislative Assembly (Members’ Staff) Act 1989; and any person employed under the Public Sector Management Act 1994 – which includes public servants.

The Register is supported by Guidelines, a Code of Conduct and an overarching principle that lobbying and lobbyists play a vital and beneficial role in any democracy. All these elements are designed to support the work of MLAs for the ACT and to maintain public confidence in government process.

The Lobbyist Register was established in 2014 predominantly to provide transparency and in recognition of “lobbying” being a legitimate activity within the democratic process. It was originally contemplated that MLAs would most commonly be the subject of lobbying activities by recognised lobbyists.

The register enabled MLAs to confidently entertain a registered lobbyist without perceptions of impropriety.

Subsequent guidance further recognised that senior public servants may also be the subject of lobbying activity seeking favourable outcomes.

To this end, public servants have been educated to recognise when they may be being lobbied and ensure the lobbyist is appropriately registered. Reminders about the register have been distributed to ACT public servants.

It is important that the register is maintained as a single source of authority for a lobbyist to engage in lobbying activity with any public official, be they an MLA or public servant.

The register continues to apply equally for public servants and MLAs and there is limited value in establishing a separate register for public servants.

Complete.

Recommendation 55

The Committee recommends that the ACT Government consider implementing a system that records details of relevant representations made to the ACT Government.

Government Response – Agreed in principle

The ACT Government will investigate, with the Office of the Legislative Assembly, the feasibility of establishing a register of representations as part of the Lobbyist Register.

Feasibility and the mechanics of an additional reporting requirement under the Lobbyist Register continue to be explored.

In progress.