| Recommendation: 38 | Clarify and reinforce APS leadership roles and responsibilities | Overall status: Underway |
| Thodey guidance | Status | Delivery on Thodey |
|---|---|---|
| Amend the Public Service Act 1999 to designate the PM&C Secretary as Head of Service with the following responsibilities: principal adviser to the Prime Minister and the Cabinet, overarching responsibility for ensuring that the APS is best placed to serve current and future governments final say as Chair on Secretaries Board decisions, and with the APS Commissioner, joint responsibility for advising the Prime Minister on secretary appointments. | Underway | On 1 November 2023, the Minister for the Public Service announced the second phase of APS reform, including requirements for the PM&C Secretary and the APS Commissioner to conduct merit-based appointments processes for Secretary roles to build rigour into the advice provided to the Prime Minister on candidates. This will include improving transparency and consistency in how agency head appointments, performance and suspension for executive, statutory and non-statutory agencies are conducted – including having merit-based appointment processes and creating a power to suspend agency heads, including without pay – and applying sanctions following breaches of the Code of Conduct by agency heads for executive, statutory and non-statutory agencies. |
| Amend the Public Service Act 1999 to designate the APS Commissioner as Head of People with responsibilities to: advise the Prime Minister on secretary appointments (in agreement with the PM&C Secretary) advise the Prime Minister on terminations of secretary appointments (in consultation with the PM&C Secretary) be Deputy Chair and acting Chair of Secretaries Board deepen APS expertise and uphold its institutional integrity, and develop the SES cohort, with power to appoint, move and terminate SES following consultation with the PM&C Secretary and agency heads. | Underway | As part of the second phase of APS reform, the Minister for the Public Service has announced: New own motion powers for the APS Commissioner to initiate reviews and investigations into Code of Conduct breaches by current and former agency heads, including Secretaries, and APS employees; New powers for the APS Commissioner to inquire into Code of Conduct breaches by former agency heads, including Secretaries, to match the existing powers to investigate current agency heads; and Building safeguards into the APS Commissioner’s appointment process to complement the expansion of their own motion and inquiry powers. |
| Amend the Public Service Act 1999 to designate responsibilities of portfolio Secretaries to: provide policy leadership within portfolios, and represent the interests of portfolio agencies at Secretaries Board. | Under consideration | The current legislated designations of portfolio Secretaries works well in practice, with any changes to be considered alongside the above reforms. |
| APS Commissioner to establish an Advisory Board. | Complete | The APS Learning Board has been established, including senior representatives from APS agencies, private sector organisations and academic institutions, to provide advice to the APS Commissioner on APS capability priorities and help drive implementation of APS-wide capability development. |