Commonwealth of Australia Explanatory Memoranda Commonwealth of Australia Explanatory Memoranda[Index] [Search] [Download] [Bill] [Help]
2022 - 2023
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
SENATE
PUBLIC SERVICE AMENDMENT BILL 2023
SUPPLEMENTARY EXPLANATORY MEMORANDUM
Amendments to be moved on behalf of the Government
(Circulated by authority of the Minister for the Public Service, Senator the Hon Katy Gallagher)
1
GENERAL OUTLINE
1. These amendments would amend the Public Service Amendment Bill 2023 (the Bill) to:
• insert a requirement that capability review reports prepared under section 44A and long-
term insights reports prepared under section 64A are tabled in both Houses of the
Parliament;
• insert a requirement that the minister of an Agency undergoing a capability review under
section 44A is consulted as part of that review;
• remove the requirement for the Secretaries Board to prepare a written statement that sets
out the purpose of the APS.
2. The purpose of these amendments is to:
• ensure that reports of capability reviews and long-term insights reports are drawn to the
attention of the Parliament, and subject to Parliamentary discussion;
• ensure that consultation with ministers remains an enduring step in the Capability Review
Process; and
• maintain that the purpose of the APS is the responsibility of the Australian Government.
FINANCIAL IMPACT
Nil.
2
AMENDMENTS TO THE PUBLIC SERVICE AMENDMENT BILL 2023
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
1. These amendments would not alter the effect that the Bill would have on human rights.
2. The amendments, and the Bill, are compatible with human rights.
3
NOTES ON AMENDMENTS
Amendments 1 and 2 Schedule 1, item 1, page 3 (lines 7 and 8), omit the definition of
APS Purpose Statement in section 7; Schedule 1, items 3 to 5, page
3 (line 17) to page 5 (line 8) to be opposed
1. Amendments 1 and 2 of the amendment to the Bill remove the requirement for the Secretaries
Board to prepare and promote a written statement that sets out the purpose of the APS, in the
form of an APS Purpose Statement.
2. This amendment maintains the APS' responsibility to Government, and ensures that its
character, purpose and operation remains subject to oversight and accountability of the
Australian Parliament.
3. Section 3 of the Public Service Act 1999 (Cth) states the purpose of the Act is to establish an
apolitical public service that is efficient and effective in serving the Government, the
Parliament and the Australian public. This provides a legislated statement about the essential
character and philosophy of the APS, defining what the APS is, and how it should operate.
The amendments do not seek to preclude the APS from setting a unified statement to drive
productivity.
Amendment 3 Schedule 1, item 8, page 6 (after line 27), after paragraph
44A(4)(b)
4. Amendment 3 of the amendment to the Bill requires that when an Agency is undergoing a
capability review, the Minister of that Agency is consulted as part of that review.
5. This amendment supports the intent of capability reviews which is to provide a forward-
looking assessment of an Agency's ability to meet future objectives and challenges that is
informed by a range of sources, including the Agency's Minister. This amendment ensures
that Ministerial consultation occurs as part of each review, as an important and enduring step
in the process.
6. Independence is a core principle of capability reviews and the requirement that relevant
Agency Ministers are consulted as part of their Agency's capability review is not intended to
undermine the independence of the review. It drives accountability and builds confidence in
the integrity of capability review findings. A number of subsections in the Bill seek to embed
the independence and transparency of capability review findings, reports and action plans.
Amendment 4 Schedule 1, item 8, page 6 (after line 31), after paragraph 44A(4)(c)
7. Amendment 4 of the amendment to the Bill requires the person who has caused a capability
review of an Agency to decide whether to exclude material from the published version of a
capability review report. Information may be excluded if, pursuant to section 44A(11),
publishing the material would, or could reasonably be expected to, damage the security,
defence or international relations of the Commonwealth.
8. This amendment preserves the transparency and independence of capability reviews.
Requiring that only specific material is excluded from publication ensures that all other
information remains publicly accessible and not capable of being removed for other purposes
4
9. This amendment ensures that the Public Service Minister maintains oversight of any decisions
to exclude material from a published copy of a report, and all information included in the
report, including that which is not to be published.
10. This amendment requires the person who caused the capability review of an Agency to
provide the Public Service Minister with: the capability review report; notice of their decision
regarding the publication of the report or material contained within the report; and (if material
is to be removed) a separate copy of the publication version of the report.
Amendment 5 Schedule 1, item 8, page 6 (line 32), replacing paragraph 44A(4)(d)
11. Amendment 5 of the amendment to the Bill requires that the published version of the
capability review report is published on an Agency website as soon as practicable after the
report is given to the Public Service Minister.
12. This requirement inserted by item 5 of the amendment to the Bill will not apply where a
decision not to publish the report has been made under s44A(11).
Amendment 6 Schedule 1, item 8, page 7 (after line 14), after subsection 44A(8)
13. Amendment 6 of the amendment to the Bill requires the Public Service Minister to cause the
capability review report to be tabled in each House of the Parliament within 15 sitting days
after receiving the report.
14. This amendment responds to issues raised by the Senate Standing Committee for the Scrutiny
of Bills, which indicated that a requirement to table capability review reports would improve
transparency and external scrutiny of the performance of government agencies.
15. Requiring the capability review report to be tabled in each House of the Parliament ensures
that the report is brought to the attention of the Parliament, and provides insights into the
operations of government. It will also create space for Parliamentary discussion on the
performance of government agencies, and their ability to meet future objectives and
challenges. This builds on the publication requirements already established under the Bill and
strengthens the objective that the capability reviews be open and transparent.
16. If the person who caused the capability review to be undertaken has removed material under
subsection (11), the copy of the report that the Public Service Minister must have tabled under
the requirement contained in Amendment 6, is the copy that is to be published. This
requirement will not apply if the person who caused the capability review to be undertaken
has decided under subsection (11) not to publish the report.
17. Requiring only the public version of the report to be tabled in the Parliament protects material
which would or could reasonably be expected to damage the security, defence or international
relations of the Commonwealth.
Amendment 7 Schedule 1, item 8 (line 21) replacing "despite paragraph (4)(d)"
18. Amendment 7 of the amendment to the Bill accounts for the amendment to the Bill contained
in Amendment 4 by updating the provision wording.
Amendment 8 Schedule 1, item 8, page 7 (line 24), after "that is"
5
19. Amendment 8 of the amendment to the Bill accounts for the consequential impact on the
provision from the amendment to the Bill contained in Amendment 4.
Amendment 9 Schedule 1, item 10, page 9 (after line 11), after subsection 64A(3)
20. Amendment 9 of the amendment to the Bill requires that the Secretaries Board must give a
long-term insights report to the Public Service Minister as soon as practicable after it has been
completed.
21. It then requires that the Public Service Minister must cause a copy of a long-term insights
report to be tabled in each House of the Parliament within 15 sitting days of that House after
the report is given to the Minister.
22. This amendment responds to the final report of the inquiry into the Bill conducted by the
Senate Standing Committee on Finance and Public Administration, in which the Committee
considered that long-term insights reports should be subjected to increased parliamentary
scrutiny, and called on the Government to require such reports to be tabled in the Parliament.
23. This amendment responds to comments made by the Senate Standing Committee for the
Scrutiny of Bills that the requirement that long-term insights reports be tabled in the
Parliament is important to parliamentary scrutiny, as it alerts parliamentarians to the existence
of documents and provides opportunities for debate that are not made available through other
means.
24. This amendment allows for scrutiny, discussion and debate in Parliament on the medium-term
and long-term trends, risks and opportunities that affect or may affect Australia or Australian
society, that is considered by a long-term insights report.
25. This amendment is not intended to undermine the impartial, apolitical or evidence-based
analysis that is intended to be undertaken to inform a long-term insights report.
Amendment 10 Schedule 1, item 10, page 9 (lines 12 and 13) replacing "it has been
completed, a long-term insights report"
26. Amendment 10 of the amendment to the Bill accounts for the consequential impact on the
provision from the amendment to the Bill contained in Amendment 9.
6
Index]
[Search]
[Download]
[Bill]
[Help]