Queensland
|
Queensland The process whereby an attempt at Public Service reform in the
early 1990s
severely eroded the quality of practical support with policy advice and
implementation in Queensland's case is suggested in some detail in Towards
Good Government in Queensland.
Towards
Good Government in Queensland is an analysis of how a poorly
conceived and incompetently managed process of public service 'reform'
eroded the professional capabilities needed to implement the Goss
Government's widely supported policy agenda. It explained the problem
in terms of: the effect of mis-understanding
of the causes of the Whitlam Government’s problems by Peter Wilenski who
developed an influential theory of how to reform bureaucracies; the
effect of the ‘Yes Minister’ school of populist public administration
theory; managerialism; the adoption of a 'commercial' focus in public
administration which undermined government's ability to really
'govern'; and the inability of starry-eyed and inexperienced
‘reformers’ to understand that reality is more complex than their
political rhetoric - and that, without the tacit knowledge that
experience brings, ‘reform’ could not lead to practical outcomes. Attachment
A referred to the views of diverse observers in terms such as: lack of
reform philosophy; putting in a political fix; severely reducing top
level competencies; etc
Factors which contributed to the emergence of populist and amateurish public
administration in Queensland also included:
- pre-existing weaknesses along the lines
outlined in Structural Incompetence and SEQ's Water Supply Crisis-
eg the defects in governance that typically arises in regions that are
affected by 'curse' of rich natural resources; unworkable federal financial imbalances;
and political neglect of public administration;
- a general lack of independent institutions able to provide competent
and applied advice to to the political system about public or economic
policy issues (see
Queensland's Weak Parliament);
- legislation the Goss administration introduced to Parliament that prevent appeals against SES appointments.
This action (a) ensured that professional competence did not
really have to be
considered in filling 'senior' positions and (b) effectively outlawed
'natural justice' - the ideal of a fair hearing before judgment is passed (see
Ombudsman's Interpretation);
- some overt politicisation - noting that ex-ALP members alleged in evidence to the Shepherdson inquiry into the
rorting culture in the ALP's AWU faction (which was the dominant faction
under the Goss Government) that 'a chance to land public service and
ministerial office jobs awaited those who complied with AWU faction
requests' (Griffith C., 'Inquiry told of jobs for the boys', Courier Mail,
12/10/00). (See Submission to Shepherdson
Inquiry; and Section
5 of Queensland's Challenge);
- the introduction of trendy but dysfunctional methods for staff
management. For example:
- complex procedures were introduced for staff selection (at the same
time as there was an explosive growth of human resource management
staffs). This involved formal 'selection criteria' rather than the
judgement of experienced staff - and apparently resulted in advancement by
those most skilled at politically-correct form-filling, rather than those
who might be good at their jobs;
- formal techniques for evaluating public service positions (developed
by Cullen Egan and Dell) were introduced. The latter placed great value on
the number of staff a position supervised, but gave little weight to the
complexity of the role. This may have suited operations involving the
production of goods and services, but it seemed unsuited for government
because of the
intrinsic importance of complex knowledge and experience to its core roles.
The present writer was advised by several experienced observers (though
did not personally experience this) that the effect was for force a change
in the organisation of some functions, and also to increase organisational
complexity and costs. Whereas functions might have been performed by half
a dozen staff (some highly experienced and highly paid and some low paid
trainees) the CED assessment required that only those supervising large
staffs could gain the remuneration that those handling a complex workload
had earned. Thus instead of having a few staff, some of whom dealt with
complex issues in their heads, there was a need to reorganise work so that
managers supervised large staffs each of whom dealt with small parts of
the complex tasks.
It can also be noted that:
The behind-the-scenes damage done by this 'reform' process provided an
explanation for what later became widely known as the 'Queensland
effect' (ie an unforeseen electoral loss due to a protest vote).
An experienced national political commentator agreed (in a written personal
communication) that the large (and often) unexpected electoral
backlashes that the Greiner, Goss and Kennett governments experienced
probably arose because political leaders were seen to be arrogant when their
policy ideas did not translate into practical benefits because of a lack of
capable support.
An interstate parallel: The difficulties experienced by Victoria's Cain / Kirner Governments
(which had eroded the professional competence of their Public Service by a
similar process to that later used by the Goss Government before attempting
to drive strategic economic change) were described in The Fall of the House
of Cain (see Attachment
C of Towards Good Government in Queensland)
A national parallel: The electoral reversal suffered in early 2001 by the Howard
Government (arguably because of inept implementation of quite pedestrian tax
policies) may be another example of this (noting the claim that the ATO lost
a great deal of its skill base in a reorganization process - Gottleibson R.,
'Dispatches from the front make sad reading', The Australian,
14/5/01).
Universities: Managerialism (the idea that managers know more than those they manage)
is seen to have destroyed the quality of Australian universities. [1]
Bi-partisan support has existed for the politicisation of senior Public
Service appointments in Queensland (see Franklin M., 'Only four survive
Beattie's reshuffle', Courier Mail, 17/4/99).
An aside: The idea of 'information asymmetries' (which the
Institution of Engineers used in a submission about Queensland's
Professional Engineers Act) provides an explanation of why politicisation
of senior Public Service positions can be disastrous. It is equivalent to
the client deciding who should be a qualified aeronautical engineer or
doctor. Moreover:
- the role of the senior Public Service is to complement the focus
that elected representatives have on the popularity of policy, by
providing advice and implementation support to ensure that policy is
likely to be effective in practice;
- such support requires both a depth of knowledge and long
experience - and it is very difficult /
impossible for non-experts to assess how competent a senior public
servant is in providing such support; because
- government is not really like a business. A business produces and
distributes specific goods and services. Governments also do this, but
it is not their primary function. Their main task is 'governing' - ie
creating a framework for a community's social and economic activities.
And success in 'governing' requires knowledge and wisdom about the
functioning of complex social, economic, environmental and
administrative systems -
not just about the effectiveness of a single organisation in producing
goods and services.
Thus the required knowledge and wisdom (which takes many years to
acquire) is quite different to that which is likely to be acquired by
leaders in other fields.
- political debate is necessarily conducted in terms of simplified
concepts - yet the systems that are addressed are always more
complex. For example, political attention may focus on 5 issues of
current concern, and there may be 95 other issues that are also being
addressed by a government agency. If the latter is re-structured and
re-staffed purely on the basis of what is currently of political
concern, the agency will not only lose its ability to deal with most
of its functions but also its ability to handle new issues as they
arise (as this requires broad knowledge and experience). Effective
public administration is impossible unless there is
machinery to prevent over- simplified political
understandings over-riding other considerations in making staff
appointments. Over-simplification is illustrated by an inquiry
conducted into problems in Queensland's health
system. Public outrage about medical malpractice in one
hospital led to an inquiry which focused mainly on that situation,
though this was only one symptom of much broader problems (see
Intended Submission to Queensland Health System Inquiries)
If the community's elected representatives could easily tell whose
professional advice they needed to listen to, there would basically be no
need for such advisers.
An ex-Labor ministerial advisor stated in 2000 that problems affecting
Queensland's Public Service which existed under the Goss and Borbidge
Governments remained [1].
There have been public assertions along that lines that in
Queensland "the rock of public service constancy has been eroded by a
process of gradual politicisation from the top" (Sweetman T. 'Going
round in circles', Sunday Mail, 24/12/00), and there have also been
periodic calls to re-establish a permanent professional Public Service (eg
''Bring back apolitical bureaucrats'' (editorial) and ''Call to protect
bureaucrats'', Courier Mail, 29/3/00).
The Queensland Public Sector Union claimed that increased ministerial
bullying was a symptom of the breakdown of the Westminster tradition which
afforded the public service more respect than it gets now (Johnstone C.
'Driven to distraction', Courier Mail, 15/6/02) (See
CPDS Comments which includes an
Outline of
the Breakdown of the Westminster System and the Growth of Public Service
Bullying)
A very senior Queensland public servant was quoted in 2001 as suggesting that the
major requirement for running a large organization was to create the
'illusion' of direction (McKew M. The Bulletin, 17/7/01)
Comment:
it
appears that the failure to develop vision / direction which is firmly
grounded in practical reality (rather than 'illusory') is a significant
cause of the difficulties Queensland now faces.
An author of Encouraging Ethics and Challenging Corruption, Noel
Preston, suggested that the Beattie Government risked politicizing the public
service. "There are too many appointments ... of people with whom the
government is comfortable rather than being challenged" (Johnstone C., 'Moral of
the story is to behave ethically', CM, 5/10/02)
Improved accountability by Queensland's senior public servants is needed
in view of poor performance of some agencies (King M. 'Scrutiny
lacking at the top', CM, 17/2/04).
Overt political pressure emerged for a particular public servant, the
Director of Public Prosecutions, to resign - on the basis of a perceived
error due to ignorance [1].
A lack of relevant competence (and also apparent cronyism) has been
alleged in appointments to the boards of state-owned electricity companies [1,
2,
3].
Failures in developing the state's electricity network were ascribed to the
culture in GOCs (a 'feudal hierarchy' where all that was required was
to 'tick the boxes'), and a lack of independent oversight over $20bn in
state assets [1].
A former ALP minister appeared to see loyalty to mates as an important
factor in making appointments to government boards [1]
Queensland government agencies have been described as even more risk
averse in their procurement practices than their counterparts elsewhere [1].
Comment: A lack of relevant technical competence is a likely
contributor to risk aversion in procurement
A controversial appointment of a person with apparent strong government
connections was made to the position of Information Commissioner
(responsible for FOI) after her predecessor made proposals to release
information (about investment incentives to business and the actions of the Attorney
General) which the government disagreed with [1].
The fact that she then enrolled for a beginner's course in FOI legislation
led to criticism that the merit selection system was being compromised [1].
Queensland's reputation in dealing with FOI was said to be being damaged [1].
Subsequent changes to FOI arrangements were said to make it impossible to
get some information, and to double the time allowed to give reasons for
denial of information [
1].
Problems revealed by reviews of Queensland Health and of Families
Department indicated a serious public sector wide problem. There is a need
for a new review of the bureaucracy as it has become party-politicized and
unresponsive [1]
The concept of public service independence of the
public service, fearless and frank advice, autonomy of thought, constructive
criticism have all disappeared [1]
Queensland's public service has systemic problems
- which are revealed in a lack of skills and the resulting incompetence of some
agencies [1]
Many
of Queensland's problems date back to 1989, when the inexperienced Goss government did a lot of harm to the
public service. It listened to academic theorists, economic rationalists and
administrative amateurs.
Governments do not have to listen, but the impartial advice of a tenured
professional public service should be available and not be politically
manipulated or tampered with. This is one of the most fundamental issues now facing
Queensland [1]
Under the mantle of Fitzgerald reforms the Goss administration
put the 'fix' into government in Queensland in favour of
Labor and increased centralised control, media management, continued executive dominance of Queensland unicameral
legislature and containment of corruption watchdogs such as the CJC. The PSMC (which
was not a recommendation of Fitzgerald) was run by those with close ALP
connections, and used as an instrument of increased executive and partisan control of the public
service. Replacement of
many senior officials with those having Labor connections smacked of revenge rather than reform.
[1]
The right of academics / officials to speak their minds without retribution is tenuous in Queensland. The culture of conformity must end in the
interests of better public debate. Queensland suffers from a lack of
independent institutions [1]
Community groups have expressed concern about the
retribution apparently meted out to a public official who tried to act
professionally in the public interest [1]
The retiring head of the Crime and Misconduct
Commission suggested that public servants have lost their independence and
objectivity - and that long periods in office have undermined the Westminster
tradition of fiercely independent advice regardless of incumbency [1]
Some public servants see their roles as fulfilling the wishes of ministers,
rather than providing impartial advice [1]
A 1999 submission to a Senate Inquiry into
Catchment Management by the Whistleblower's Action Group argued that Queensland
had an unofficial policy of not enforcing environmental regulations, and would
penalise professional staff who 'blew the whistle' [1]
Concern has also been expressed about the quality of appointments to the judicial
system
- members of Queensland's judiciary have expressed concern about a lack of
professional merit in Supreme Court appointments (eg Monk S. 'Judge blasts
'political' appointees', Courier Mail, 15/11/99; and 'Gibbs wins peer
support' Sunday Mail, 20/2/00);
- Queensland's Chief Justice produced an account of requirements for
professional merit in judicial appointments ('Equal Justice for all',
Courier Mail, 16/2/00). The Chief Justice presented a paper 'Integrity
and Independence' to the Association of Australian Magistrates in June
2002 - dealing with the subject of judicial independence;
- the quality of many judicial appointments under the Beattie Government has
been called into question [1,
2,
3];
- In NSW there have been calls for an expert panel to advise on judicial
appointments (Merritt C., 'Call to rethink judicial selection', Financial
Review, 24/3/00);
-
Queensland's system that allows the Attorney General,
rather than the Director of Public prosecutions, to appeal against
sentences was seen as 'scary' by interstate observers (Solomon D 'Appeal
system politicized', CM, 4/10/02)
-
reforms is needed in the way judges are appointed to remove secrecy and
perceptions of political bias [1]
-
neither of two new District Court appointments were on a short list prepared
by Chief justice [1]
- the overturning of the conviction of the former Chief Magistrate
cast serious doubt on the administration of justice in Queensland
because of (a) inadequate actions by judicial officers, and (b)
ineptitude resulting from politicisation of judicial positions [1]
A case has been present for a method to guard against judicial appointments for
political reasons and ensure that judges are appointed on the basis of merit [1]
Evidence of Dysfunctions
There is
evidence of severe practical difficulties facing Queensland, including
and partly resulting from difficulties in the Public Service.
A general account of the predicament facing Queensland at the start of the
21st century is presented in
Queensland's Challenge
(February 2001) - in which
Section 6
deals with symptoms affecting the Public Service.
'Queensland's
Ongoing Challenges'
presents updated information about numerous indicators as they emerge. Of particular
significant are the many published articles that have suggested widespread failures in public
administration, including:
- Queensland has faced large cost overruns on various major public works -
which might result from a lack of any competent intermediary between companies
seeking profits and the providers of public funds [1]
- large backlogs in infrastructure investment have emerged [1];
- there is increasing doubt over the Queensland Government's ability to
deliver basic services and infrastructure [1];
-
mining companies perceive serious problems in Queensland's
infrastructure decision making chain [1];
- management of water resources [1,
2, 3]; land
clearing [1]
and the Great Barrier Reef [1]
are ineffectual;
- attempts to better manage SEQ growth are constrained by perceived lack of
leadership in a key agency (Department of Natural Resources, Mines and Water).
Critics suggested that public service has serious skills shortages, problems
in recruitment and retention and unhappy employees. [1]
- a water supply crisis that developed in SE Queensland in 2006 was seen to
be due to years of inaction and lack of planning [1];
- regulation related to minerals and energy is
hopeless [1]
- [though this accounts for a substantial share of the state's exports and
contributes heavily to government revenue]
- policy related to energy is outdated [1];
-
QFleet made an error in judgment by a lot of large vehicles,
which now can not be sold without collapsing the used-car market [1];
- the Integrated Planning Act was: disastrously conceived; made no
contribution to achieving real outcomes; and created a mass of procedures and
processes which added to legal disputation and costs while allowing the state
to escape responsibility for coordinating local planning [1];
- feasibility studies into ways to deal with serious transport problems in
SEQ are assessed only in terms of political advantage, rather than in terms of
what is best for transport [1].
RACQ viewed transport plans for SE Queensland (of both government and
opposition) as nonsense [1];
-
plans for upgrading a major highway were for a facility which it was later
realized would be overloaded before it was completed [1];
-
regulatory red tape in Queensland were claimed to have prevented Australia
gaining two years of peak-price coal exports [1];
-
there seem to be problems in the regulation of land titles [1]
-
a BCA study concluded that Queensland was the worst state in terms of red tape
affecting business [1];
- there was a widespread negative reaction to proposals in 2002 for education
reform (see
About Education Reform)
;
-
a leaked government report revealed widespread internal and external concern
about the Smart State programs [1]
-
Queensland's health administration suffers: excessive bureaucracy; under-funding
and under-spending; workplace bullying; incomprehension of policy issues; and
a primary focus on public relations [1].
Moreover:
- Doctors and hospital administrators are said to fear for their jobs if they
speak out about chronic hospital under-funding (affecting staff and beds) [1],
and the Department has been said to attack professional
staff who report problems [1].
- Medical practitioners are forced to break Health Code by publicly complaining
about medical deficiencies in hospitals because Queensland Health will not
listen [1].
- Problems are seen to arise in maintaining the quality of regional hospitals
because administrators know nothing about health services and are concerned only
with cost cutting [1].
- Medical staff are campaigning against unsafe working hours (up to 24 hour
shifts).
- Problems are seen to arise from understaffing, high staff turnover,
poor management and lack of penalties when hospitals put patients and staff at
risk [1].
- Overseas trained doctors have been recruited to regional hospitals, some of whom
lack medical competence [1].
- The Health Minister accepted that the health system was racked by a culture of
intimidation and secrecy [1],
and agreed that state hospitals could not be guaranteed to be safe [1].
- There has been a
culture in Queensland Health of damage control - that involves ignoring facts to protect from
being seen to have problems. When politicians and their executives do not want to hear bad news
they try to by-pass independent minded managers [1].
- it was suggested in 2005 that clinical problems and deceptive responses to
them had been caused by senior staff in Queensland Health over the previous
12-15 years, and that many doctors left because the organization became a
dysfunctional and abusive employer [1]
- Too much emphasis on process (rather than product) has caused problems in
health system.[1]
- a 'blitz' was mounted to clear a backlog of patients waiting for elective
surgery [1]
- [Comment: this may have benefited the individuals concerned by does not seem like an
effective long-term approach to managing a health system. And it emerged in the
Bundaberg Hospital Inquiry that funding provided meet elective surgery
quotas encouraged hospital administrators to allow 'Dr Death' to keep
operating despite concerns about his work [1]];
-
the AMA suggested that the management of Queensland Health had 'disintegrated'
and that it should be taken over [1];
- Queensland Government's $6.5bn program to address problems in health
system has not proven effective - and there are constant difficulties
associated with shortage of doctors. [1]
-
Queensland's mental health system is in a state of chronic crisis [1]';
-
large numbers of problems are seen to be emerging in Queensland's education system in Queensland
(eg related to asbestos in schools; curriculum; discipline; literacy; classroom sizes)
[1]
- there seemed to be a history of child abuse cover-ups in Queensland [1];
- a report by the Children's Commission which dealt with problems associated
with Queensland's Families Department 'was not a depiction of a professional
organization' (Wenham M., 'A costly culture', Courier Mail, 30/1/02).
Furthermore:
- various attempts to reform this department failed [1,
2]
- the department's cultural problems were ascribed partly to unsatisfactory reform [1];
- problems had been recognized for years, but though government spent more
money staff at all levels were not equipped with the information / skills to
make decisions in the best interests of children [1];
- a one-time insider described a 'them and us' syndrome with staff blamed for
what are systemic problems [1],
and ascribed the problem to a management structure in which few have relevant
experience, qualifications or practical exposure [1]
- A CMC inquiry was told by research staff that the
situation was chaotic with poor management [1]
- concern has been expressed about the adequacy of new proposals for child
protection reform [1,
2,
3
- and see also
Review of Child Protection Proposals]
- despite reforms (eg creation of new Department of Child Safety), child
abuse cases are increasing rapidly, nothing is done to prevent abuse and the
new Department is operating on an old model - according to a not-for-profit
agency [1]
- a crisis similar to that affecting the Families Department is seen to
affect the Office of the Adult Guardian [1,
2];
- very serious deficiencies have been seen to exist in Queensland's prison
system [1,
2]
- the is massive growth in demand for social support services which is
overwhelming current systems (see outline of 2003 conference on
Is the Smart State a
Just State?);
- current machinery for dealing with homelessness is inadequate [1];
- the whole framework of Queensland's social services is inadequate [1];
- Current systems for dealing with sexual abuse of aboriginal children as
are being totally overwhelmed by the problems [1]
- the electricity supply system has been reduced to third world status - with
blackouts due to an inability to meet demands [1].
Though Queensland's electricity utilities have been corporatised, Energex
appears to: have paid too little attention to managing risks; be out of touch
with its customer base; and be expected to cross-subsidize consumers in other
regions [1].
Problems in the electricity industry were not limited to under-investment
in maintenance and networks, but to the failure of systems, processes and
people [1].
Accountability problems were seen to have emerged in Energex because of
cronyism [1]. A power plant touted
as pioneering renewable energy has emerged as a flop. [1]
- QRail is experiencing significant difficulties and has the potential to be
the next Energex [1]
- there is widespread concern about the inability of Building Services
Authority to take enforcement action when problems arise in building
renovations [1]
- local authorities have concern about what they perceive to be:
- a failure to seriously address the development of transport / road systems
[1];
- inadequacies of economic strategies in relation to the needs of regions [1];
- 'cost shifting' from state / federal governments to local authorities [1]
- concerns about corruption within the Public Service are emerging [1,
2];
- there are indications of the possible emergence of a 'revolving door'
through which staff involved in providing public financing of companies
gain senior positions in those firms [1]
- a magistrate perceived shoddy management in Queensland Transport [1];
- Main Road's minister was obliged to stand down an expert consultant he
had appointed hours earlier [1];
- senior public servants who witnessed an alleged ministerial attempt to
bribe the Palm Island council did not report this to CMC, though they probably
had a duty to do so [1]
- Queensland's Premier was said to have 'lost control of the detail' in
public statements which involved distortions of facts (Franklin M. 'Beattie:
What's his salt worth?', Courier Mail, 27/7/02).
Comment:
A lack of adequate public service support is the most probable explanation
when a minister makes mistakes about details. And it is not hard to imagine
how this could be so .....
An anecdote: An
experienced mid-rank public servant pointed out in mid 2002 that passing information to a
minister's office was no longer a matter of getting clearance from one senior
officer. As the department's senior-level knowledge and skill base had been
lost, there was no confidence in such judgments so information to the
minister's office had to be checked through 6-7 layers of 'senior' management many of whom had
no understanding of the technical issues. The process took 2 months and
periodically resulted in changes which had legal implications whose
significance was not appreciated].
- Queensland's Premier has to apologize frequently for
administrative failures [1];
- Commerce Queensland argued for a wide-ranging audit of the
Public Service [1];
- Queensland's premier has argued that some public servants deliberately
undermine the implementation of legislation [1];
- Premier's Department established an Implementation Unit apparently
because of concern about unsatisfactory follow-up on government decisions
(see
Queensland's 'Administrative Desperation' Unit);
- Queensland government has been described as 'error prone' [1]
and better at announcements than at delivery [1]
- the arts sector has been suggested to be grants' dependent and
bureaucratically minded, because public officials who head up Arts
Queensland are required to act as government ciphers rather than
expressing their expertise. Defining government requirements which the arts community must prove they measure up to
(a 'tick boxes' mentality stifles innovation.[1]
-
movie makers have labelled Queensland's Film and TV commission as the most
horrible / brutal / misguided / incompetent / unfair funding body in Australia [1]
-
SEQ's public transport system is in crisis - as passenger numbers
have pushed trains and busses beyond breaking point [1]
There is also concern about a lack of public accountability through:
- government abuse of freedom of information processes (see
Freedom
of Information) - including commercial-in-confidence claims [1]. FOI has been seen as a key to improving accountability [1];
- a very poor FOI record [1];
- refusal to disclose to Parliament what incentives had been paid to
businesses [1];
- a lack of accountability by entities that review administrative actions [1];
- efforts to reduce the independence of: Ombudsman [1];
CJC [1];
and Auditor General [1,
2]
- dubious accounting practices [1];
- a lack of effective consultation on policy issues [1,
2];
- ministerial refusal to discuss corruption exposed in Public Works [1];
- apparent lack of serious attention to widespread allegations of corruption
affecting racing industry (see
Racing). An inquiry
was claimed by external observers to be a lost opportunity because government
set narrow terms of reference [1],
though those involved in the inquiry ascribed problems to personalities and
differences of opinion [1];
- starving the media of information about health; punishing people who
reveal problems rather than fixing them; and refusing to answer legitimate
questions in parliament [1]
- appointment of a person to a royal commission who had (a) an involvement in an
organization which provided public relations advice to an organization which
was a key focus of the inquiry [1],
and (b) a role in raising funds for an ALP election campaign [1];
- Queensland premier has been accused of acting like an African dictator over proposed changes to
FOI Act that would restrict access to any information prepared for use in, or obtained during,
sensitive investigations [1].
-
through
inquires
into dysfunctions in Queensland Health, senior
bureaucrats emerged as cogs in a political machine driven by Premier's Department with regular
stops at Cabinet with veiled information [1]
-
cover-ups have been alleged (but still subject to
investigation) in relation to programs to eradicate fire ants [1]
-
secrecy about the state of repair-disrepair of
government schools - which implies that there could be a serious problem [1]
Allegations have also emerged about unethical behaviour, bullying, secretiveness,
'shooting the messenger', vindictiveness against those expressing dissent and deception (see
Style
of Government). In particular:
- the 'winegate' affair was seen to have been the result
of a government approach to crisis management based on: (a) concealing
information (b) blaming scapegoats and (c) finally apologizing [1]
- public service managers have been alleged to use compulsory
psychiatric assessment as a means to bully staff [1,
2,
3];
- there has been a prevailing culture of harassment in the public service
(starting at the top with Director Generals') of staff who pointed out
problems. This ruined lives and careers. There is a huge gap between theory and practice in terms of principles of fairness,
integrity, honesty,
diligence and respect for law [1]
- Queensland's Public Advocate suggested that the community was afraid to
express dissent or make constructive suggestions to democratic institutions
for fear of retribution [1];
- the ethical obligations of journalists to preserve confidentiality was
said to be undermined by forcing them to reveal information about
whistle-blowers [1];
- a minister changed her explanation of events [1]
and was suspected of having asked others to lie to save her from political
embarrassment [1];
- a 'Labor mates' network seemed to dominate key positions in
Queensland's electricity system [1]
;
- a public servant was sacked apparently for activities for which on the
same day he received a commendation from the minister and the premier [1];
- there have been numerous expressions of concern about bullying within the
EPA [1]
- hospital staff could not tell what they knew about a doctor's incompetence
because of fear of retribution [1]
- responsibility for bullying was seen to start at the top [1]
- concerns about bullying are widespread throughout the Public Service [1];
- unions are concerned that staff were scapegoated for a train crash,
because (though human error was part of the problem) systems which should have
been in place to guard against this were not developed [1];
- in response to suggestions that staff should tell ministers what they
needed to know, the QPCU (union) suggested that staff were afraid to do so
because they would be branded troublemakers - thus government was only told
what it wanted to hear [1]
- parents and former students were not informed of a link between a
teacher's death and an asbestos-riddled classroom [1]
-
Bundaberg Hospital inquiry suggests that if public servants complain they are
damned. The processes for discipline puts public servants in an unfair position
so that they are afraid to speak out. There is a need to change the Public
Service Act. [1]
-
legislation was introduced to parliament which made it no longer a criminal
offence to lie to a Parliamentary committee [1]
- Queensland's premier, who has often been compared with Bjelke Peterson (as party patriarch, 'face'
of government; and homespun 'populism'), is now appearing as an arrogant, dismissive and even autocratic leader who treats any opposition with distain.
Parliamentary processes are manipulated and opponents ridiculed [1]
- Claims of transparency and accountability by the state government are a
sham - institutional arrangements (eg whistleblower protection, FOI,
Auditor General, Ombudsman, Public Sector Ethics Act) just give the 'illusion'
of transparency while masking bad management and corruption' [1]
- Queensland's premier espouses openness of government in public, but secretly does everything
possible to manipulate the media. FOI laws are a mockery. .[1]
- there was concern when a senior public servant, heavily involved in
development of policies related to major investment projects, gained a job in
a firm making such investments [1]
A recent immigrant from Zimbabwe described Queensland's current
administration as behaving much like that of a typical African republic [personal
communication].
The present author's attempts to analyse major areas of dysfunctional
administration include:
Indicators that reform of the criminal justice system may have left a
situation just as suspect as had existed in the 1980s are presented in
Reform of Queensland Institutions or Rising Tide of Public Hypocrisy?
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Governments generally
|
Australian governments generally
Some similar observations have emerged in relation to Australian governments
generally.
In discussing the need for reform of the ALP it was argued that rather
than continuing the decades' old practice of giving insiders a smooth ride, it
would be desirable to base decisions on merit (Blair T. 'Back to the future
for Labor's reformers', Australian, 15/8/02);
The Premiers of NSW and Victoria have warned others that governments tend
to make mistakes in their first year in office due to inexperience. In
particular the Carr Government sacked top public servants who were the top
talents who could have helped it (Gottleibsen R. 'How empty seats tell of
sorry politics', Australian, 15/2/02)
Severe constraints are seen nationally to exist on public servants in making
decisions or giving advice that is contrary to the wishes of ministers
(Harris T. 'Bureaucrats self-protection', Financial Review,
15/1/02)
It has been pointed out that "as Public Services have been contracted
and politicised in Australia over recent decades the task of developing
policy ideas has been left to policy institutes or think tanks" (Quiggan
J. 'Free speech sits ill with a free market', Financial Review, 27/9/01)
Comment: the significance of this is that Queensland has
traditionally had virtually
NO policy institutes or think tanks that are competent and applied - see
Queensland's Weak Parliament
Across the board and growing deficiencies have been said to exist in the
provision of all public services - despite very rapid increases in
government revenues [1]
Comment: this problem can not be entirely attributed to problems
in Public Service professionalism (or to a lack of borrowing which the
author of the referenced article preferred) as governments have been
trying to use 'business-like' methods (which suit simple / separable
goods and services) for the much more complex goods and services which
governments deal with.
Little policy development on Australia's major structural problems is
likely to be done in government. Politicians are now entirely poll driven -
which makes it hard to contemplate reforms that would be unpopular in some
places. Band-aid solutions which defer the problem are preferred. And
politicisation of the public service means that advisers tell politicians what
they want to hear consistent with their polling. There is a desperate need for
a resurgence of 'think tanks' outside government (Hewson J., 'Thinking in a
vacuum', FR, 2/8/02)
A knowledgeable observer has suggested that Australia used to be free of
politicisation - but "senior public service positions are now awarded
to political apparatchiks or at least subject to political vetting, and we
have seen repeated attacks on other institutions of public trust - such as
Auditors General. The danger of a party political High Court is more distant
but growing". (Quiggin J., 'Florida debacle has lessons for Australia',
Financial Review, 21/12/00);
It has been suggested that de-politicisation of appointments to statutory
offices is one (of 5) key requirements for promoting effective democracy in
Australia (Harris T 'A wish list for democracy', FR, 3/12/02).
Commonwealth rejects notion that senior public servants are reluctant to provide
advice to ministers. Shergold, head of PM's Department, made this case. But this
overlooks: state audit reports which points out that putting senior staff on
contracts that can be instantly cancelled has costs; defense personnel were
reluctant to speak about 'children overboard' affair; departments were silent
about calamitous IT outsourcing; education research mildly critical of
government policy was cut from a report; research by Bureau of Labour Market
Research led to its demise; advice critical of ethanol subsidies had to be
provided anonymously; Australian embassies frequently censor reports to ensure
that views expressed by foreign governments do not upset the Howard Government.
Such problems are not confined to Commonwealth - eg problems in NSW child
protection system (due to out of control demand pressures) are in private
comments but not in annual reports (Harris T., 'Non-advice most welcome', FR,
9/9/03)
In discussing the ALP's Knowledge Nation Task Force (Jones B. 'Can we make
Australia a Knowledge Nation?', Address at Macquarie University, 27/4/01) it
was suggested that:
- current obsessions with management and the consequent downgrading of
specific expertise is at its worst in the public service;
- concentrating on the 'how' problems has taken away the 'why' and
'what' problems;
- the view that experts would distort policy making led to an emphasis
on unbiased 'managers'. It was assumed that it was only necessary to get
the management right to eliminate all problems. This was accompanied by
the loss of 'frank and fearless' advice - through the taking of a 'whole
of government' approach which suppressed specific concerns because of
government's overall strategy and electoral prospects;
- there is a severe reaction in the UK to this - with crises in
privatised rail systems, mad cow disease, foot and mouth disease all
seen to be due to the hollowing out of expertise, the increase in simple
'management' and a decline in effective accountability.
[An aside: traditional concerns about the feasibility of effective
government from Canberra given its isolation (especially from the world of
business) also need to be considered in relation to the technical competence
of the Australian Public Service (ie because of problems of regional 'inbreeding' and
lack of 'real world' social contacts). Clearly those traditional concerns would
be increased because of the rate of change which has been occurring, and is
continuing, in
Australia]
Australia's corruption-fighting watchdogs have been seen to have been
politicized [1]
SA Auditor general has raised concerns about inability of some agencies to
manage and audit government accounts because of a lack of relevant skills [1]
There is a perception that regulatory complexity (which imposes huge costs on
business) is the result of a public service obsessed with protecting
politicians backsides [1]
[Comment: Any public servant's career can be adversely affected by
being seen to challenge political control over policy - and especially now that
the protection which was provided by the Westminster tradition of an
independent and professional public service has been removed - strict adherence
to formal procedures is the only safe career option. This situation (which in
Queensland has predictably re-created a Public Service dominated by traditional
clerical paper-shufflers) is undoubtedly a factor in business concerns about
red-tape].
Public services no longer know whether they have any role apart from
unquestioningly carrying out political instructions - a situation which can
lead to abuses of power [1]
Laws to protect public servants who spoke the truth
were changed in the 1980s and 1990s - because of bipartisan agreement that public service was not 'responsive' enough. Now public servants are only
extensions of government - and are totally political. Many
changes were made by Labor Government eg systemic changes which removed the legal foundations
that made it realistic to give frank
and fearless advice. Academics suggest that reforms were based on assumption
that (a) public institutions were not subject to market disciples and
were self seeking - and that they were now more less efficient and client focused
and (b)
managerialist changes were about ministers asserting that they were in control.
However in
the name of political responsiveness too many public officials second guess the advice their political
masters want to hear - which results in a culture of defensiveness, blame-shifting and a lack of
responsibility [1]
More transparency is seen to be needed in the selection of judges [1]
It is time to scrap the practice whereby key
public appointments are treated as gifts by whoever happens to be in power.
There is bipartisan support for an independent Reserve Bank - but no process in
place to ensure this. [1]
There is a need for a more bipartisan approach to appointment of public officials - as
there have been too many
controversial appointments. Governments
have long breached the walls of public service independence and merit.
This undercuts prestige, expertise and trust of key institutions. [1]
Conflict of interest concerns are arising when senior public servants leap
directly into private enterprise [1]
Evidence of Dysfunctions
There is
evidence of severe practical difficulties facing governments generally
similar to those in Queensland.
There is evidence that matters critical to Australia's national strategic
interests are being poorly evaluated (see
Inadequate
Intelligence and Strategic Assessment).
Because of inadequacies in infrastructure development and uncertainties about
what had been done with large increases in public revenues, political leaders
have been described as being good at winning elections - but at little else [1]
Debate on competition law issues has been clouded by politics and populism
that risks
undermining the integrity of competition regulation in Australia (Edgehill K 'Competition and
politics don't mix', FR, 27/5/03)
Australia's health-care system is seen to be a shambles [1]
In the absence of any concrete proposals a Council Of Australian Government
meeting in June 2005 to discuss (amongst other things) serious problems in
infrastructure and health systems established 5 committees [1]
Sydney's cross city tunnel has become a symbol of the NSW government's inability to handle a crisis
[1]
The failure of state administrations to properly manage their functions has
been seen in the community as reasons that they should be abolished [1]
Leighton
Holding CEO (Wal King) argued that the processes and planning within government
organisations need to be dramatically improved [1]
|
Commonwealth
|
Commonwealth
Similar difficulties appear to have affected the Commonwealth Government in
particular -
perhaps for reasons suggested in
Decay of Australian Public Administration. The latter highlights the
similarity between a process of central public sector management
reportedly implemented
by the federal government in 2000, and that applied by the Goss Government
which led to failures as outlined above
Changes over the past decade are seen to have led to an inability to
provide 'frank and fearless advice' (Steketee M. 'Downsized mandarins are
losing their clout', Australian, 22/6/01). Comment on the effect on political neutrality has been made in
relation to appointments by the Commonwealth Government (eg Harris T., 'Yes,
yes, yes Minister', Financial Review, 31/12/99; and Fist S., 'Dangers
of politicisation', Australian, 24/4/01)), However:
Professor Richard Mulgan (ANU) argued that loss of professional competence
was more important than loss of neutrality, in 'Politicisation of Senior
Appointments in the Australian Public Service', Australia Journal of
Public Administration, September 1998.
Widespread symptoms of a loss of professionalism in the Department of
Finance were reported including: hollowing democracy from within; ruthless
suppression of dissent; totalitarianism; frantic mindless activity; crisis
management; sloppiness; lack of staff development; favoritism; narcissistic
admiration of leaders rather than policy dialogue [1]
Some discussions between the Coalition and Labor Parties about ensuring an
experienced bureaucracy were reported (McGregor R., 'Shaking the Canberra
Tree', Australian, 10/1/00).
Some work was being done by the Institution of Engineers on erosion of
technical / engineering skills in the Commonwealth Public Service (eg Brook
S., 'Faulty engineering formula for disasters', Australian 21/1/00). And
other trade and professional bodies have expressed similar concerns (eg in Breusch J., 'Public Service has lost expertise', Financial Review,
11/1/00).
Senior (national) political figures are reportedly concerned about the
damage that politicisation has wreaked on national and state Public Services
- and may seek to restore 'an independent public service in which senior
bureaucrats can give honest advice without fearing the sack' (Oakes L., 'Carnell
knowledge', The Bulletin, 17/10/00);
It has been suggested that the present Commonwealth Government has pushed
Public Service politicisation to unheard of heights and that the person seen
as most likely become head of the Prime Minister's Department in the event
of future ALP electoral success seems convinced of the vital importance of
the professional renewal of the Public Service (see Barker G. 'The long
shadow of Michael Costello', Financial Review, 10-11/3/01). Similar
views of the intent of a future ALP government were put forward in Kelly P.
'Mandarins won't feel the squeeze', Australian, 4/4/01)
Also:
- "the Howard Government has relentlessly politicised and therefore
damaged the defence forces and now intelligence services" (Sheridan G.
'Misuse is damaging our spies', Australian, 14/2/02 -
referring to the use for domestic political purposes of information obtained
by the Defence Signals Directorate of communications in which a domestic organization
was involved)
- there was a systemic failure of three key departments to ensure that a key
fact in a highly politically charged environment was clarified. The public
service has either complied with, or connived at, the exploitation of an
error. Compliance and conformism stifles the ability of intelligent /
hardworking individuals to act outside the constraints of the herd. The
result is providing government with what they want rather than with what
they need. The solution must lie in a re-appreciation of the role of the
public service - and of its relationship with governments (Behm A.
'Mandarins and the truth', Australian, 18/2/02)
- deception of the public and inaction by officials on many occasions has
been alleged in relation to the Tampa issue [1]
- it has been claimed that a future ALP government would give the public
service more job security and return to the idea of a career service [1]
- the federal Opposition leader has identified a need to restore
traditional separation between politics and the public service [1],
a policy which was given particular emphasis for the Defense Department [1];
- the government seems to attack dissenters and also the supporters of
dissenters. The PM insisted that the head of the Federal Police change his
mind. It is embarrassing to see leading public servants treated as naughty
school-boys. Intelligence suggesting problems in East Timor had been
banned because it would embarrass Australia's relationship with Indonesia.
Others have been punished for telling the truth - while those who make
problems go away have been rewarded (Duffy M 'Dare to dissent and expect
humiliation with prejudice', CM, 17/4/04)
- Department of Foreign Affairs - which used to feature lively debate -
is now tightly managed and compliant [1]
- a previous head of the public service ruled by intimidation and
creating a climate of fear in which Public Servants dare not put their
heads up [1]
It has been suggested that the perception of politicisation of Australia's
intelligence service is irrelevant, as the real problem is that persons with
general administrative or policy backgrounds in senior roles are unable to
understand or accept the valid conclusions reached by those with specialized
professional competencies [1]
Critics see Howard Government as intimidating public servants to ensure
unquestioning compliance - and eroding service's ability to 'test' government
policies. This results from four changes: ALP
decision to remove permanency and apply contracts; high court decision that secretaries can be
terminated at pleasure of ministers; growth in role and authority of unaccountable ministerial staff; and
tendency to centralise policy in PM's office [1].
The selection process for Australia day honours has been suggested to have been corrupted by
nepotism and cronyism (Parnell S., 'Libs accused of favouring party faithful, CM, 27/1/03).
"... here is the Catch 22 of our bureaucrats: wise and sometimes
robust advise is required to create complex and effective policy, but it
isn't always being delivered ... because many public servants fear the
consequences ...." (Murphy K. 'Yes Minister - its hard to tell the
truth', Financial Review, 16-17/2/02)
There can now be a conflict between the career success of public servants
and telling the truth to senate inquiries (Harris T. 'Public servants not
serving the truth', FR, 18/6/02)
"The government is to blame for the shameless politicisation of the
public service. It fired off the warning shots within days of coming to
office with the unprecedented dismissal of six department secretaries
... and it has used the armed forces for flag-waving political purposes and
seduced senior officers into political service" ('Public Service
Politicised', Australian, 4/3/02 - quoting Paul Keating's
Manning Clark Lecture on 3/3/02 at the National Library')
An aside: "Unprecedented?"
- see Franklin M., 'Only four survive Beattie's reshuffle', Courier Mail,
17/4/99
The Government is
being seen to politicize key institutions which had been valued for their
expertise and independence. There is most concern about the Public Service, Defense High Command, Governor Generalate, High Court. Australia will be
vulnerable in a globalised world without the institutions that protect its
interests and culture. Howard did not start the attacks on these institutions
[1] It has
been suggested (with particular reference to the Immigration Department) that
unquestioning bureaucrats are exercising blind authority on behalf of the
public and that the results are being concealed from public view [1,
2]. A risk
has been seen to Australia's official collective memory (through archives,
libraries and museums) though political interference [1] The public service has become the government of the day service [1]
A need has been seen to reverse the changes in the legal basis of the public
service which Labor Governments introduced that make it impossible for public
servants to give 'frank and fearless' advice [1]
Governments were seen as unable to come up with commonsense solutions to
problems, perhaps because public servants are professional 'butt-coverers' for
their political masters [1].
Head of the PM's Department was seen to have ruled bureaucracy by
intimidation and culture of fear, and emphasized, not impartiality but,
commitment to the government's cause [1]
Head of PM's department constantly denies that federal public service is
politicised - which many ex public servants claim that it is [1]
Scandals associated with AWB's bribery in Iraq were seen as a result of PM's
treatment of public service and military as an integral part of political
process [1]
Problems in federal public service go beyond lack of managerial talent. Cost
of projects has become irrelevant, and agencies simply do what they are told (ie
the game is purely political). Many talented people are leaving public services,
because managers are focused on managing up the chain of command, rather than
marshalling resources to achieve effective outcomes. Briefing ministers is the
outcome, rather than part of the process. Other constraints include: much higher
pay in private sector; and the need to move to Canberra which has life-style
costs. Canberra is just a large company town - and is susceptible to problems of
group think' [1]
Evidence of Dysfunctions
There is
evidence of practical difficulties facing governments generally
similar to those in Queensland.
The federally funded Australian Strategic Policy Institute criticized Defence Department
management and suggested that further money not be allocated until it can be well spent (Barker G., 'Attacks
more likely than not', FR,
29/11/02)
Numerous serious errors have been made by the Immigration Department [1,
2]
Governments were seen as unable to come up with commonsense solutions to
problems, perhaps because public servants are professional 'butt-coverers'
for their political masters [1].
Claims for workplace stress are increasing dramatically in federal public
service [1]
It was suggested that the federal government does not seem to have coherent policy. It seems to be
in bedlam rather than control [1].
Suggestions have emerged of inadequate performance by the new Federal
Government elected in late 2007:
- the government's target of 20% electricity production from renewable
sources by 2020 is poor policy [1];
- the government got off to a very weak start [1];
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