Ms Kathy Leigh
Head of Service
ACT Public Service
GPO Box 158
Canberra City ACT 2601
2017-18 Public Sector Standards Commissioner’s Report
Dear Ms Leigh
I am writing to provide an update of the contribution being made by my office to support the maintenance of high standards of conduct by the ACT public sector through the oversight of the misconduct processes and the management of Public Interest Disclosure (PID) functions.
As you are aware, the role of the Public Sector Standards Commissioner (the Commissioner) was established through amendments to the Public Sector Management Act 1994, which commenced on 1 September 2016. The position was initially filled by Mr Laurie Glanfield AM on a temporary basis before I commenced in the role on 29 January 2018. The position is independent from the ACT Public Service and filled on a part-time basis.
The role of the Commissioner is an integral component of the ACT Public Sector Integrity Framework. It is supported by the Professional Standards Unit (PSU) and the Principal Investigator, allowing all requests for investigations and complaints received by the Commissioner to be centrally coordinated and conducted, with only a small number being outsourced. This ensures greater consistency in outcomes and a more consistent approach across government.
Principles adopted in investigation of complaints
The following principles have been used for some years to underpin complaint handling in the ACT public sector, and will continue to be used by the office of the Commissioner:
- Complaints are used to identify issues and to continuously improve the ACT public sector;
- Complaints are treated seriously and assessed objectively and fairly;
- Complaints are dealt with promptly, courteously and in accordance with their urgency;
- Complaints will be treated with the appropriate level of confidentiality, with information about complaints only being shared on a need-to-know basis, both internally and externally;
- Complaints are treated with fairness and respect, and making a complaint is not to disadvantage the complainant in any way;
- Action taken in relation to a complaint is appropriate.
Misconduct Processes
Pursuant to a decision of the Strategic Board, it is now mandatory for all misconduct investigations to be referred to the PSU. During 2017-18, the PSU received 73 misconduct referrals from across the ACT public service, consistent with the number received the previous year. In addition, the PSU had 19 investigations pending from the previous financial year. The PSU completed 52 misconduct processes during the year, which consisted of 45 full investigations and 7 admission statements. These processes resulted in substantiated findings of misconduct in 87% of referrals, a rate consistent with the previous year. These statistics exclude employees that were subject to summary dismissal under provisions of the relevant Enterprise Agreements for misconduct offences, in lieu of investigation by the PSU.
The type of behaviours most commonly investigated by PSU during 2017-18 were:
- Inappropriate behaviour, or lack of courtesy and respect;
- Failure to apply reasonable care or diligence;
- Failure to comply with direction, workplace rules, or policies.
Other Complaints
During 2017-18, the Commissioner’s office received a total of 24 other complaints (outside of the Misconduct Processes) from staff across the ACT Public Service relating to a diverse number of issues, which included administrative processes, managerial actions, recruitment practices and claims of bullying. At 30 June 2018, of the 24 matters, only 3 remained unresolved. The remainder were resolved after consultation with the relevant Directorates, with responses provided to those who raised the complaints.
Public Interest Disclosures
During 2017-18, the Commissioner received 12 Public Interest Disclosures (PIDs). After assessment, 11 of the 12 were determined not to be disclosable conduct under the Public Interest Disclosure Act 2012 (PID Act) and were closed for reasons provided for under section 20 of the PID Act. At 30 June 2018, only one PID remained open, with one matter previously closed subject to the Commissioner’s review.
The PIDs received during the year were spread proportionately across the Directorates, with three related to ACT public sector entities1.
Messages for managers and other team members
There are some important messages for both managers and other team members arising from the work undertaken by my office.
For managers, the clear message is the importance of demonstrating and reinforcing the public sector values of Respect, Integrity, Collaboration and Innovation, and dealing with problems when they first come to attention. It is very clear that ignoring problems or behavioural issues in the workplace, without an appropriate discussion of expectations, will commonly see matters deteriorate. It is part of every manager’s responsibilities to engage with team members, to be clear on the standards expected in the workplace, to assist the professional development of all employees and encourage them all to contribute to the best of their ability. In order to do this we must consider a range of options, where practicable, to resolve issues and repair professional relationships. Early intervention, where required to address issues, is always the best approach.
For team members, the most common message is the importance of abiding by public sector values and employing common courtesy and diligence in performing their roles, and raising any concerns with managers early on so they can be worked through. It should also be clearly understood that staff are expected to comply with the reasonable direction of supervisors issued in accordance with their responsibilities.
The ACT Government relies heavily on its workforce to deliver strong outcomes for the ACT community, and it is in everyone’s interests to overcome any issues of concern at an early stage. In our experience, the longer issues remain unaddressed, the more difficult it generally is for people to move on positively. Further, the costs to Directorates and entities of drawn-out cases is significant. In the more severe cases costs can include organisational disharmony, disciplinary action, or at times termination of employment.
Preventative steps
Through my office, we plan to increase the focus on preventative steps that can be taken to moderate or contain the number of occurrences that result in misconduct referrals to the PSU. We will inform Directorates of ways they can assist their teams, and contribute as appropriate to training programs and other knowledge sharing opportunities.
We will work with Directorates to implement multi-faceted strategies as an alternative to the misconduct process, including the use of mediation, dispute resolution and restorative practices.
We will continue to work with you and Directors-General to put in place complementary arrangements to support a positive workplace culture in the ACT public service and reinforce the professional standards that the ACT public sector, the ACT Government, the Legislative Assembly, and the community expect.
Yours sincerely
Ian McPhee AO PSM
ACT Public Sector Standards Commissioner
7 August 2018
1Note: None of the 11 assessed PIDs resulted in a criminal offence, gave grounds for disciplinary action or included activities that could amount to a serious malfeasance of public office, or danger to public health, safety or the environment. Under the PID Act, disciplinary action against a person means: terminating a person’s employment, ending the person’s appointment, or terminating the person’s contract for services.