A (draft) legislative arrangement which might establish professionalism as a stable foundation of a New Public Service in Queensland is hypothesised in this paper. A more detailed - and more tentative version - has also been drafted.

These suggestions are submitted as a starting point. It should be noted that they are not based (as would ultimately be required if success is to be achieved) on: the insights of those directly affected; or close study of practical issues or of current or required legislative provisions. Furthermore, many other issues would need to be taken into account - some of which are mentioned (but not properly analysed) in this paper.

Major features of the renewal legislation could be:

• creation of a New Public Service with defined roles in providing advice and implementation support to government (and dissolution of the old Public Service);
• differentiating between a Public Servant's actual classification (which may be temporarily politically granted) and their Professional Merit Classification (which is the highest level at which an appointment could be confirmed). A PMC would require (a) balanced relevant knowledge and experience as well as other personal qualities; (b) evaluation by a panel consisting mainly of qualified professionals; and (c) appeal rights;
• appointing a Public Service Commissioner ⁽¹⁾, whose main responsibility is for professional merit, to control the process of senior appointments;
• managing the transition to the New Public Service by (a) temporarily appointing those with highest established PMCs as departmental DGs; (b) confirming existing appointments of those with an adequate PMC, and reviewing those whose established PMC does not support their old Public Service classifications; (c) only slowly confirming senior appointments - as PMCs increase and relevant knowledge and experience accumulates, with a constant pressure to build professionalism;
• confirmation of future appointments to the New Public Service only after favourable recommendations both by a professional panel and by government.

Advantages of the renewal process would be:

• adoption of a concept of Public Service related to support for government's role in governing, rather than as a 'commercial' operation. This builds a base to: effectively deliver public goods and services; reduce likely financial losses from GBEs⁽¹⁸⁾, and emphasise development of the economy as the main route to productivity gains;
• changing the Public Service culture by rewarding performance rather than politicking;
• favouring (and building on) those with real experience;
• reviewing past appointments most likely to be suspect on strictly professional criteria. Overt political appointees (and those they then appointed) would be left without a "Professional Merit Classification", and obliged to justify themselves to persons with enough knowledge and experience not to be bluffed by inexperienced opportunists;
• gaining the support of key stakeholders (eg major political parties; public servants and their unions; and the community when the issues are made clear);
• minimal disruption to the business of government;
• flexibility in staffing for elected government (which holds ultimate responsibility), combined with constant pressure to professionalise senior appointments.

Benefits to government in Queensland of the suggested renewal would be quality advice and competent administration, the provision of a sound foundation for political stability, and real scope to reverse long term declines in relative economic status (See Defects in Queensland's Economic Tactics, Strategy and Outcomes).

April 2000

Notes:

1. Public Service Commissioner: A suggestion about such a Commissioner controlling the process for senior Public Service appointments was put forward by ANU's Professor Richard Mulgan as a means to reduce the risk of losing professional competence (see 'Politicisation of the Senior Appointments in the Australian Public Service', Australian Journal of Public Administration, Sept 1998)