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BPB 1F
investigate and reports on serious or systemic corrupt conduct in the public
sector and educate the APS and public about corruption risks and prevention.
o A review of public sector board appointment processes, led by Ms Lynel e Briggs
AO, and supported by PM&C, to consider and propose appropriate standards for
the processes by which Board members are appointed to Government Boards,
ensuring these appointments contribute to integrity and trust in government
institutions.
o Implementing the recommendations of the Set the Standard Report, led by
PM&C, with a first tranche of legislation to establish an independent statutory
agency, the Parliamentary Workplace Support Service, as a new specialist
parliamentary human resources agency.
o Cross APS work to strengthen pro-integrity systems and culture, led by PM&C,
AGD, APSC and Australian Commission for Law Enforcement Integrity (ACLEI)
Outcomes-based performance management, ensuring performance
management in the APS starting with the SES is focused on outcomes
(what) and behaviours (how), aligned to the APS values.
Secretaries Board will model transparency by communicating its priorities
and decisions.
o Legislative amendments and work, led by PM&C, including to:
Enshrine stewardship as an APS Value; and
Reaffirm the apolitical role of the APS by making it explicit that Ministers
cannot direct Agency Heads on employment matters.
o Work led by the APSC to establish a range of measures to strengthen behaviours
and outcomes-based performance management, ensuring performance
management in the APS starting with the SES is focused on outcomes (what) and
behaviours (how), aligned to the APS values.
o Secretaries Board modelling transparency by communicating its priorities and
decisions.
• Establishment of an APS Integrity Taskforce (Taskforce), jointly led by AGD, APSC and
PM&C with secondees from other agencies to develop and deliver a comprehensive
action plan to enhance APS integrity. Secretaries Board discussed and endorsed in-
principle the final draft report of the Taskforce in September 2023 and will further
consider implementation of the report in coordination with other integrity initiatives.
• Ongoing work of the multi-agency Robodebt Royal Commission Response Taskforce to
develop advice for Government on the Royal Commission report and its
recommendations.
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BPB 1F
APS Integrity Taskforce
Handling Note: The APS Integrity Taskforce formal y wound up at the end of September
2023. The Deputy Secretary, Governance and Corporate, to lead on responses to questions
for the APS Integrity Taskforce.
The Department of the Prime Minister and Cabinet (PM&C) is the lead agency and has
primary responsibility for the APS Integrity Taskforce.
What did the APS Integrity Taskforce seek to address?
• In February 2023, the Secretaries Board established the APS Integrity Taskforce to ensure
the APS is delivering a pro-integrity culture at all levels. The Taskforce comprised of staff
seconded from PM&C, Attorney-General’s Department (AGD), the Australian Public
Service Commission (APSC) and National Anti-Corruption Commission (NACC).
• The Taskforce’s terms of reference included a focus on framing a comprehensive
response to the themes emerging from the Royal Commission into the Robodebt Scheme,
and to ensure that the APS operates in the interests of the Australian public.
• The Taskforce was asked to provide advice on ensuring the APS is focused on delivering a
pro-integrity culture at al levels of the service and to bring together information about
initiatives underway across agencies, consider how they intersect, and identify gaps and
opportunities to deliver system wide integrity improvements.
• The Taskforce focussed on lifting ethical leadership across the service, building the
culture to support frank and fearless advice, and strengthening integrity functions as a
system.
• Secretaries Board endorsed the Taskforce’s final report on 13 September 2023 and is
currently considering next steps with implementation.
What wil the review of public sector board appointments seek to address?
• The Thodey Review emphasised the importance of maintaining the highest standards of
public sector integrity, and the role these standards play in the ‘APS’s capacity to provide
services to citizens, to regulate effectively and to provide well informed and influential
advice1.
• Minister for the Public Service, Senator the Hon Katy Gal agher announced the first
priorities of the Public Service Reform Agenda (the APS Reform Agenda) in October 2022.
One of the activities under that Agenda was to undertake a review of arrangements and
processes for appointments to public sector boards, to be completed by mid-2023.
• The focus of this Review was to consider and propose appropriate standards for the
processes by which Board members are appointed to Government Boards. In considering
these processes, the Review sought to consider how appointments to Boards can
contribute to integrity and trust in the institutions of Government.
1 See ‘Our Public Service, Our Future: Independent Review of the Public Service’ 2019, p. 105.
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• In February 2023, the Government appointed Ms Lynelle Briggs AO to lead the Review.
• The Review commenced in February 2023, with the Final Report provided to the Minister
for the Public Service on 4 August 2023.
• The Final Report wil be published on the APS Reform website.
BACKGROUND • The 2019 Thodey Review and the Report into Institutional Integrity, conducted by
Stephen Sedgwick AO in 2020, made recommendations to strengthen pro-integrity
systems and culture in the APS.
• In addition to integrity initiatives underway, previous work to address the Thodey Review
and Sedgewick Report include the introduction of mandatory induction training on
integrity, SES integrity masterclasses and updating integrity-related workforce
management guidance.
• The Thodey Review’s recommendations to reinforce APS institutional integrity to sustain
the highest standards of ethics (Recommendation 7) included recommendations for the
APS Commissioner to work with Secretaries Board and agencies with responsibility for
integrity to build pro-integrity culture and practices in the APS.
Supporting information
Freedom of Information (FOI) Requests
• On 11 September 2023, the Canberra Times (Miriam Webber) made an FOI request to
the department for a copy of The APS Integrity Taskforce's “Taskforce Interim Report”.
The scope of the request is from 1 January 2023 to 30 June 2023.
Relevant Media Reporting
• There have been two media articles that reference the APS Integrity Taskforce:
o ‘Why the public service is missing – or ignoring – rorts and wrongdoing’
published in the Australian Financial Review on 15 June 2023.
o ‘Thodey Recommendations a year into Albanese’s watch’ published in the
Mandarin on 24 May 2023.
Date:
Cleared by (SES):
Dr Rachel Bacon, Deputy Secretary
Telephone No:
s22
Group/Branch:
Public Sector Reform/APS Reform Office
Contact Officer:
Marianne Dolman
Telephone No:
s22
Consultation:
Nil
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Document 2
Estimates Opening Statement
The Australian Public Service Commission has been working closely with
Secretaries Board and the Minister for the Public Service on strengthening the
integrity of the APS.
I would like to share with the Committee some of the work the Commission is
currently undertaking in line with its statutory responsibilities. My col eagues
and I take our responsibilities seriously.
The conduct of senior APS leaders and employees is an issue of heightened
public interest.
It is a matter of public record that there are active inquiries underway that rely
on the Commissioner’s statutory powers. It is critical – to both good decision-
making and the public’s continued confidence in the integrity of the APS – that
those inquiries are conducted fairly and according to proper process, including
the provision of natural justice. I would like to assure the Parliament and the
public that I believe this is the case.
It is not appropriate to provide commentary on individual inquiries, including
details of specific al egations, lines of inquiry, projected timeframes, or likely
outcomes. Such commentary may disclose sensitive personal information,
prejudice those processes or jeopardise outcomes, inadvertently undermine
the effectiveness of future code inquiries, or potential y affect inquiries
conducted by other integrity agencies.
In terms of code of conduct investigations fol owing from the Robodebt Royal
Commission, the Public Service Commission has stated that 16 referrals have
been made. The referrals include current and former APS employees and
former agency heads. In terms of process, I can update the Committee that
investigations have started for al referrals and that around half have
proceeded to the issue of notices, which outline the grounds and categories for
potential breach of code.
It is a matter of public record that I initiated an inquiry into al eged breach of
the code of conduct by Mr Michael Pezzullo AO under s41(2)(m) of the Public
Service Act. The Commission has confirmed that Ms Lynelle Briggs AO is
conducting the review based on my inquiry powers as Commissioner and wil
provide a report to me on whether the code has been breached and, if so,
possible sanctions. As required by the Public Service Act, I wil then provide a
report to the Prime Minister.
The Commission has some other breach of code inquiries of senior officials
underway. Al together (including Robodebt), the Commission currently has
around 2 dozen formal investigations underway, which is well above the couple
or so a year that has been the norm in recent years. This is in addition to the
Document 2
code of conduct inquiries that heads of agencies conduct into current and
former APS officers in their own agencies (excluding Robodebt). While there is
significant public interest in some of the inquiries underway, it is important
that commentary around them does not undermine other inquiries.
The inquiries underway reflect the expectation of the Australian people, the
Government and indeed the public service itself that public servants meet
professional standards and al the requirements set out in the Public Service
Act. They give leaders of the public service insight into where institutions and
people are vulnerable to failure, and how the APS can be more resilient and
effective in its service to the Government, Parliament and Australian public.
In this light, I would like to highlight key elements of public sector reform that
help foster a pro-integrity culture across the APS, many of which are the
Government’s public sector reform priorities and have been overseen by
Secretaries Board. These include:
• establishment of the National Anti-Corruption Commission
• reform of Public Interest Disclosure laws
• the intention to add stewardship as a value for the public service and
extend APS values to the Australian Government public sector as
appropriate
• greater transparency measures, including Secretary Board communiques,
APS Census results and action plans, and expanded Trust survey data
• strengthening the Senior Executive Service performance framework to
standardise expectations about delivery and behaviour across the APS
• strengthening proactive talent management of SES and greater openness
in SES and agency head recruitment
• strengthening training on integrity, fraud and corruption prevention,
psychological safety in the workplace, and Executive Level and SES
leadership training, overseen by the APS Academy
• initiating a review of Public Sector Board appointments
• a roadmap for strengthening pro-integrity culture within the APS, and
• supporting the Government’s response to the recommendations of the
Robodebt Royal Commission.
I trust that these steps give the Parliament and the public confidence in the
integrity of the public service.
Thank you.
Gordon de Brouwer
Australian Public Service Commissioner
24 October 2023
Document 3
ESTIMATES BRIEF – Hot Issue
APVMA INVESTIGATION
Supplementary Budget Estimates – October 2023
APVMA Investigation
Subject/Issue
The Minister for Agriculture, Fisheries and Forestry, Senator the Hon Murray
Watt has referred al egations of misconduct by senior employees at the
Australian Pesticides and Veterinary Medicines Authority (APVMA) to the
Australian Public Service Commissioner for further investigation under his
statutory integrity powers.
Key facts and figures
•
On 9 February 2023, Minister Watt referred the al egations of
misconduct to the Australian Public Service Commissioner for further
investigation under his statutory integrity powers.
•
This review is ongoing, and is being informed by an independent
strategic review report on the APVMA’s regulatory, financial, operational
performance and governance by Clayton Utz lawyers for the APVMA
Board, released by the Minister 14 July 2023.
Key points
•
In November 2022, Minister Watt commissioned independent reviewer
Mary Brennan to investigate APVMA’s workplace culture fol owing public
al egations of serious misconduct by senior executive service employees
at the agency.
•
Minister Watt has received interim findings from Ms Brennan (dated 8
February 2023), which contain further serious complaints, including
suspected breaches of the APS Code of Conduct by more than one SES
employee. He has asked the Commissioner to investigate under his
relevant statutory integrity powers in the
Public Service Act 1999.
• The Commissioner then engaged the Hon Hilary Penfold PSM KC, to
conduct inquiries on his behalf, and she reported to him with preliminary
findings and recommendations for further action on 22 June 2023. These
inquiries are ongoing and are informed by the findings of the Clayton Utz
strategic review report. Clayton Utz are assisting Ms Penfold, the
Commission and the APVMA with these investigations.
•
The Clayton Utz strategic review has made a number of key findings
regarding the APVMA’s regulatory performance, financial management
and procurement practices and personnel related issues which are now
further informing the Code of Conduct inquiry processes.
SB23-000113
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ESTIMATES BRIEF – Hot Issue
APVMA INVESTIGATION
Supplementary Budget Estimates – October 2023
Background
Alleged incidents of sexual harassment involving senior APVMA employees occurred in
November 2021. In particular, a senior manager was allegedly involved in a ‘urination
incident’ involving a co-worker. The employee resigned from the APS shortly afterwards.
On 8 November 2022, Senator Peter Whish-Wilson (Australian Greens) raised concerns in
Budget Estimates about these al egations and APVMA’s general handling of staff misconduct.
There are also claims that multiple senior staff were ‘fired’ after making complaints to the
agency about harassment and bullying.
Independent reviewer Mary Brennan was commissioned by Minister Watt in November
2022 to investigate APVMA’s workplace culture. Ms Brennan delivered interim findings to
Minister Watt on 8 February 2023. These findings contain additional serious complaints,
including about the former agency head.
On the basis of those interim findings, Minister Watt made a referral to the Australian Public
Service Commissioner, and referred allegations of criminal conduct to the NSW Police. The
APVMA Board also commissioned Clayton Utz to undertake a separate strategic review into
the agency’s performance and governance.
The Hon Hilary Penfold PSM KC has been engaged to conduct inquiries for the APS
Commissioner. Ms Penfold is a former judge of the Supreme Court of the Australian Capital
Territory, former First Parliamentary Counsel and former Secretary of the Department of
Parliamentary Services. Ms Penfold reported to the Commissioner with preliminary findings
and recommendations for further action on 22 June 2023, The inquiries are ongoing in an
amended form and will be fully informed by the Clayton Utz strategic review.
On release of the Clayton Utz strategic review the Chief Executive Officer, Ms Lisa Croft, and
the Board Chair, Dr Carmel Hillyard, have both resigned their positions.
Public concerns about APVMA workplace culture fol ow low APS Employee Census results
regarding perceptions of corruption and staff well-being. APVMA has cited its relocation
from Canberra to Armidale and COVID-19 for the apparent drop in employee morale.
The
Australian Public Service Commissioner’s Directions 2022 require agency heads to
consult with the Commissioner about suspected breaches of the APS Code of Conduct by SES
employees when initiating Code processes and again when imposing sanctions.
Since the relevant consultation Direction commenced in February 2022, and aside from the
referrals from Minister Watt, the APVMA had not consulted with the APS Commissioner, as
it had not initiated any Code processes or imposed any sanctions in relation to current or
former SES employees.
In relation to workplace culture, the Albanese Government has mandated the public release
of the APS Employee Census results as part of the APS Reform agenda. Transparency and
accountability will drive improved workplace culture and address issues such as bullying or
harassment.
SB23-000113
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APVMA INVESTIGATION
Decisions relating to the location of agencies are matters for portfolio Ministers. In the case
of the APVMA’s relocation to Armidale, this was a decision of the former Government.
Supporting information
Questions on Notice
•
No QoNs asked
Freedom of Information (FOI) Requests
•
No FOIs asked
Recent Ministerial Comments
•
Minister Watt has also announced a rapid evaluation of the APVMA’s structure and
governance to be conducted by eminent former public servant Mr Ken Matthews
AO for reporting by 30 September 2023.
https://minister.agriculture.gov.au/watt/media-releases/government-action-
ensure-integrity-ag-chemical-regulation
Relevant Media Reporting
•
Pesticides authority boss and chair resign, after inquiry triggered by APVMA worker
who allegedly urinated on colleagues Kath Sullivan, ABC News, 14 July 2023
•
Urine scandal at APVMA sees CEO and board chair resign Brooke Rolfe, Daily
Telegraph 14 July 2023
Date:
17/10/2023
Cleared by (SES):
Jo Talbot
Telephone No:
s 22
Group/Branch:
Integrity, Performance and Employment Policy
Contact Officer:
Kylie Barber
Telephone No:
s 22
Consultation:
APVMA, Department of Agriculture Fisheries and Forestry
PDR Number:
SB23-000113
Last Printed:
18/10/2023
SB23-000113
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Document 4
CAMPBELL
•
The Policy applies to al staff employed under the
Public Service Act 1999
and requires agency heads to obtain approval from the APS Commissioner
before they offer any SES or non-SES employee a remuneration package
valued in excess of the notional amount.
•
The notional amount is the maximum remuneration agency heads may
approve for SES and non-SES roles and is 65% of the base remuneration of
the Secretaries' classification structure. Effective from 1 July 2022, the
notional amount for SES Band 3 roles was $488,600. Effective from
1 July 2023, the notional amount is $508,150.
•
Other than in exceptional circumstances, the remuneration of any SES or
non-SES employees wil not exceed the notional amount. Exceptions wil
be considered by the APS Commissioner where ‘compel ing
circumstances’ exist, based on job weight and/or market factors.
•
Questions relating to Ms Campbell’s appointment to the Deputy Secretary
role are best put to the Department of Defence.
•
Ms Campbel was the Secretary of the then Department of Human
Services during the implementation of the Robodebt Scheme.
(
SB23-000108 refers.)
o A Royal Commission was established in August 2022 to inquire into
the Robodebt Scheme. The report of the Royal Commission was
handed down on 7 July 2023. The report makes various findings about
the conduct, roles and responsibilities of individual public servants
involved in the Robodebt Scheme.
o A centralised inquiry mechanism has been established to inquire into
al eged breaches of the Code of Conduct by APS employees, former
APS employees and Agency Heads arising from the Royal Commission.
SB23-000121
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CAMPBELL
Background
Ms Campbell was appointed as the Secretary of the Department of Foreign Affairs and Trade
in July 2021. On 22 June 2022 the Prime Minister announced Ms Campbell’s appointment as
Secretary was to be terminated effective 1 July 2022, and that she would be taking up a
senior appointment in the Defence portfolio in an AUKUS-related role. On 27 June 2022 the
Secretary of Defence sought the then APS Commissioner’s approval to offer Ms Campbel a
remuneration package of $892,630. The APSC approved the request, and provided advice to
the Department of Defence regarding limits on non-ongoing engagement terms to ensure
the engagement was consistent with the
Australian Public Service Commissioner’s Directions
2022. In accordance with the Directions, there was no additional role for the Commission in
relation to this appointment.
s47E(c)
The matter of Ms Campbel ’s appointment and remuneration received attention at Budget
Estimates hearings in May 2023.
Supporting information
Questions on Notice
• QoN 101. Appointment of Band 3s – positions exceeding the notional salary. Budget
Estimates 2023-23, 25 May 2023. Tabled 14 July 2023.
• QoN 102. Appointment of Band 3s – positions exceeding the notional salary. Budget
Estimates 2023-23, 25 May 2023. Tabled 4 August 2023
• QoN 103. Approval of remuneration arrangements for Ms Kathryn Campbel . Budget
Estimates 2023-23, 25 May 2023. Tabled 14 July 2023
Freedom of Information (FOI) Requests
• APSC FOI request LEX 565. Documents relating to the cessation of Kathryn Campbell as
DFAT Secretary and/or appointment of Kathryn Campbel to the Department of
Defence. Access grant decision made, currently under embargo waiting for third party
appeal rights to be exercised or expire – by 8 November 2023 (LEX 639).
Recent Ministerial Comments
• On 20 July 2023, Prime Minister Anthony Albanese confirmed in two separate radio
interviews with the ABC that Ms Campbel had been suspended from the Department
of Defence.
Relevant Media Reporting
• Campbell’s AUKUS appointment did not meet standards of public service, Paddy
Gourley, The Mandarin, 28 August 2023.
• Robodebt: 16 bureaucrats named in royal commission report face investigation by
public service agency, Sarah Basford Canales, The Guardian, 3 August 2023
• Robo-debt bureaucrat quits her $900k-a-year defence job, Angus Thompson, The
Sydney Morning Herald, 24 July 2023.
• Senior robodebt public servant resigns from defence job, Dominic Giannini, The
Canberra Times, 24 July 2023.
• Kathryn Campbell, senior public servant in Robodebt scheme, resigns from
Department of Defence, Claudia Long and Georgia Roberts, ABC News, 24 July 2023.
SB23-000121
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CAMPBELL
Date:
17/10/2023
Cleared by (SES):
s22
Telephone No:
s22
Group/Branch:
Executive Remuneration and Statutory Offices
Contact Officer:
s22
Telephone No:
s22
Consultation:
Integrity, Performance and Employment Policy
PDR Number:
SB23-000121
Last Printed:
7/11/2023 4:01 PM
SB23-000121
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Document 5
PDR: SB23-000145
SUPPLEMENTARY BUDGET ESTIMATES - OCTOBER 2023
EXECUTIVE BRIEF - Integrity
KEY ISSUE/SUBJECT
• The Australian Public Service expects a high standard of integrity and
professionalism
• The Australian Public Service Commission, in partnership with APS agencies,
continues to deliver practical initiatives to build and support integrity culture
across the APS as part of the Government’s APS Reform agenda.
• Management of specific integrity issues not being actioned by the Australian
Public Service Commission, and allegations of breaches of the APS Code of
Conduct by APS employees, are matters for the relevant agency head.
FACTS AND FIGURES
• The Commission works closely with the APS Reform Office in the Department of the
Prime Minister and Cabinet, the Attorney-General’s Department, the Department of
Finance and other agencies to support effective delivery of an ambitious and
enduring reform agenda to ensure the APS embodies integrity in all that it does.
• The APS Reform Agenda includes proposed legislative amendments to the
Public
Service Act 1999 to include a requirement for an APS purpose statement, creating a
new APS Value of Stewardship, and making explicit that a Minister cannot direct an
Agency Head on employment matters.
• The commencement of the National Anti-Corruption Commission, the release of the
report of the Royal Commission into the Robodebt scheme and commencement of
an initial tranche of reforms to public sector whistleblowing laws have all occurred
since the previous Estimates hearing, and will have major implications for the APS.
• As part of the APS Reform agenda the Commission, with PM&C and AGD, established
an APS Integrity Taskforce to review the system of current APS integrity functions
and initiatives, to comprehensively plan measures to address any identified gaps, and
assist in the delivery of system-wide integrity improvements. The Taskforce is due to
deliver a final action plan to Secretaries Board in October 2023 following in-principle
endorsement of the Taskforce’s draft report in September.
• On 1 August 2023, the Australian National Audit Office commenced a performance
audit into the Commission’s administration of statutory functions relating to integrity
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and ethical conduct in the Australian Public Service. The report is expected to be
presented for tabling in the Autumn 2024 session of Parliament.
QUESTIONS AND ANSWERS
What is the Australian Public Service Commission doing to support integrity in the APS?
• The APS Commissioner’s statutory functions under the Public Service Act Framework
include the promotion of high standards of accountability, effectiveness,
performance, integrity and conduct in the APS.
• The Commission plays a critical role in fostering a strong culture of integrity across
the APS. This is delivered through a range of leadership initiatives and guidance
materials, the exercise of investigatory powers into the conduct of agency heads, APS
employees or former employees where necessary or requested, and providing advice
to APS agencies and employees, through the Ethics Advisory Service, on applying the
APS Values, Employment Principles and Code of Conduct.
• The APS Academy provides a number of courses, programs and resources that
support public servants embrace the values and behaviours of integrity. Examples
include: the SES Integrity Mastercraft program, fraud and corruption prevention
case-studies (via ATO partnership), psychological safety in the workplace, ethical
leadership, induction and Senior Executive Service (SES) and Executive (EL) leadership
programs.
• The recently launched SES Perfromance Leadership Framework and an expansion of
the Commissioner’s involvement in SES recruitment processes, will together help
imbed integrity in the APS. The Framework provides an opportunity to embed
behaviour and outcomes-based perfromance standards in agencies, and changes
announced in Circular 2023/7 increase the rigour of SES selection committees
through increased participation of the Commission.
Why is the Commission the subject of an Australian National Audit Office performance
audit in relation to its statutory integrity and ethics functions?
• This audit is part of the ANAO’s regular program of performance audits for 2023-24.
• The objective of this audit is to assess the effectiveness of the Commission's
administration of it statutory functions relating to upholding high standards of
integrity and ethical conduct in the APS.
• The audit criteria will enable an examination of the Commission’s promotion of the
APS Values and Code of Conduct, the effectiveness of its monitoring and evaluation
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of agencies’ implementation of the Values and Code, and the effective contribution
of the Commission to the stewardship of the APS.
• The Commission is working closely with the ANAO during the audit period and
welcomes its findings.
National Anti-Corruption Commission (NACC)
Has your integrity role changed with the introduction of the National Anti-Corruption
Commission?
• No. The
National Anti-Corruption Commission Act 2022 complements the APS
Commissioner’s powers and functions in respect of Agency Head conduct, and
requires the NACC to provide the Commissioner copies of any corruption
investigation reports relating to the conduct of APS Agency Heads.
How do the NACC and APS Code of Conduct processes integrate?
• The NACC Act ensures that where an allegation of corrupt conduct is made to the
NACC which also relates to the APS Commissioner’s statutory powers of
investigation, review or consultation—e.g. in respect of Agency Head or employee
misconduct investigations under the Public Service Act, or systemic APS matters—the
NACC must provide visibility to the Commissioner of:
o the referral
o the outcome of the NACC investigation, and
o at the NACC’s discretion, any other information it considers the APS
Commissioner needs to know to perform his statutory functions.
• Agency Heads will have mandatory obligations to refer serious or systemic corruption
allegations to the NACC.
• Code of Conduct processes in agencies which relate to APS employees also subject to
a NACC investigation may be conducted concurrently. If considered necessary, the
NACC will have power to direct agencies to pause their internal Code investigation
processes pending the outcome of a corruption investigation, after which the Code
process may proceed.
• If, as a result of a corruption investigation, the NACC recommends to an Agency Head
that they should terminate the employment of an APS employee ‘in accordance with
relevant procedures’, they may do so without conducting, or concluding, a separate
Code of Conduct process. The Commission has recently amended the Public Service
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Regulations to provide an additional ground of termination if there is an express
recommendation of the NACC in a corruption investigation report.
• Specific questions on the NACC should be referred to AGD.
Gifts and benefits
Is it appropriate for public servants to accept expensive gifts or benefits, including
exclusive airline lounge memberships?
• The Commission provides guidance to APS agency heads – published on its website –
on their obligations to publicly disclose all gifts or benefits accepted and valued at
over $AUD100.00 (excluding GST). The guidance sets out factors that agency heads
should have regard to in considering whether it is appropriate to accept a gift or
benefit. This list expressly includes free or discounted hospitality.
• Questions about specific gifts or benefits accepted by an APS employee or agency
head should be put to the relevant agency.
If pressed on other specific matters
• Questions on specific integrity matters or individual employee matters at specific
agencies should be referred to the relevant agency head.
For Robodebt, APVMA and Secretary Pezzullo - see separate briefs
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ESTIMATES BRIEF – Hot Issue
PEZZULLO
Supplementary Budget Estimates – October 2023
Michael Pezzullo Referral to the APS Commissioner
Subject/Issue
An independent inquiry has commenced into the Secretary of the Department
of Home Affairs, Mr Michael Pezzullo AO, following a referral from the Minister
for Home Affairs, the Hon Clare O'Neil MP, to the Australian Public Service
Commissioner.
Key facts and figures
• On Sunday, 24 September 2023, the Australian Public Service
Commissioner received a letter from Minister for Home Affairs, the Hon
Clare O'Neil MP, after concerns were raised in media reporting about Mr
Pezzullo.
• On Monday, 25 September 2023, Minister O’Neil said “
Last night, I
referred this matter to the Australian Public Service Commissioner, Dr
Gordon de Brouwer.”
• The Commissioner has appointed Ms Lynelle Briggs AO to lead an
independent inquiry into the concerns.
• Ms Briggs has been delegated the Commissioner’s inquiry powers under
the
Public Service Act 1999.
• Mr Pezzullo has stood aside while the investigation is conducted.
• Ms Stephanie Foster PSM is acting as the Secretary of the Department of
Home Affairs during this period.
Key points
• The APSC takes these referrals seriously.
• The Commissioner holds powers under sections 41(2)(m) and 41A of the
Public Service Act 1999 to undertake inquiries into alleged breaches of
the Code of Conduct by Agency Heads.
• Under the Public Service Act, the Commissioner can delegate these
powers to a current or former senior official.
• Ms Briggs is a former Australian Public Service Commissioner.
• It is not appropriate to provide further commentary that pre-empts any
processes.
• The Commissioner and Ms Briggs are committed to ensuring the inquiry
is completed as quickly as possible. It is important that appropriate and
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Document 6
PEZZULLO
necessary inquiry processes are adhered to, including providing
procedural fairness and natural justice.
• Ms Briggs’ report will be provided to the APS Commissioner to, in turn,
inform further reporting to the Prime Minister for appropriate decision-
making.
• On Monday, 25 September 2023, Mr Pezzullo agreed to stand aside while
the investigation is conducted. Mr Pezzullo is currently on miscellaneous
leave with pay.
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Document 6
PEZZULLO
Background
On 24 September 2023 allegations were jointly reported through outlets of the Nine media
company – the 60 Minutes program, The Age and The Sydney Morning Herald – regarding
the Secretary of the Department of Home Affairs, Mr Michael Pezzullo AO.
A total of 6 articles containing a range of allegations were published by the newspapers on
24, 25 and 26 September 2023.
The allegations are serious and significant in regards to Mr Pezzullo’s role as Secretary, and
warrant further inquiry.
No further details will be made publicly available while the inquiry is ongoing.
Supporting information
Questions on Notice
•
No QoNs asked.
Freedom of Information (FOI) Requests
•
No FOIs asked.
Recent Ministerial Comments
• The Prime Minister, the Hon Anthony Albanese MP, released a statement to the
media on 25 September 2023: https://www.pm.gov.au/media/statement and
made brief remarks at a doorstop press conference on the same day:
https://www.pm.gov.au/media/doorstop-interview-whyalla
• Minister O’Neil has not made any public comments.
Relevant Media Reporting
•
Nick McKenzie, The Age, the Sydney Morning Herald and 60 Minutes, 24, 25 and 26
September 2023 https://www.theage.com.au/national/power-player-20230925-
p5e7fq.html
Date:
16/10/2023
Cleared by (SES):
Jo Talbot
Telephone No:
s 22
Group/Branch:
Integrity, Performance and Employment Policy
Contact Officer:
Kylie Barber
Telephone No:
s 22
Consultation:
Department of Home Affairs
PDR Number:
SB23-000151
Last Printed:
16/10/2023
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Document Outline
