| Recommendation: 39a | Ensure confidence in the appointment of all agency heads | Overall status: Underway |
| Thodey guidance | Status | Delivery on Thodey |
|---|---|---|
| PM&C Secretary and APS Commissioner to agree and publish a policy on processes to support advice to the Prime Minister on appointments of secretaries and the APS Commissioner. | Underway | Refer Recommendation 38 above for related reforms. |
| APS Commissioner to amend the Merit and Transparency Guidelines for statutory appointments to include stricter criteria on exemptions and require a clear ranking of preferred candidates. | Under consideration | This has not been progressed to date. |
| Consider amending Senate Order 15 to require ministers to advise Parliament whether advice on a statutory appointment followed the Merit and Transparency Guidelines, whether the selection panel’s advice was followed, and, if not, to provide reasons. | Under consideration | Consideration of this guidance remains under the remit of the Senate. |
| Prime Ministers, as a matter of practice, to consult the Leader of the Opposition on the proposed appointment of APS Commissioners. | Complete | This recommendation has been incorporated as a consideration in current practices related to the appointment of a Commissioner to the APS. |
| Recommendation: 39b | Ensure that performance management of secretaries is robust and comprehensive | Overall status: Underway |
| Thodey guidance | Status | Delivery on Thodey |
|---|---|---|
| PM&C Secretary and APS Commissioner to undertake robust and comprehensive performance management of secretaries. | Underway | On 1 November 2023, the Minister for the Public Service announced that a Secretary’s Performance Framework will be published alongside processes to put in place better handling of sustained underperformance of Secretaries, including appropriate consequences. |
| PM&C Secretary and APS Commissioner to publish the framework for managing the performance of secretaries under the Public Service Act 1999. | Underway | As above. |
| APS Commissioner to develop an induction program for new secretaries. | Underway | A new induction program for Secretaries is being implemented. |
| Recommendation: 39c | Ensure that robust processes govern the termination of secretaries’ appointments | Overall status: Complete |
| Thodey guidance | Status | Delivery on Thodey |
|---|---|---|
| APS Commissioner to support effective minister-secretary working relationships. | Continuing | The PM&C Secretary and the APS Commissioner support effective Minister-Secretary working relationships. Refer Recommendation 38 for related reforms. |
| Where issues in these relationships arise, APS Commissioner: will work with minister and secretary to resolve issue or find other solution (e.g. offering secretary a comparable position), and may, if the minister and secretary agree and no other solution available, recommend the Prime Minister agree to providing the secretary a resignation benefit on a no fault-basis. | Continuing | This guidance reflects current practice and the existing legislative framework. Refer Recommendation 38 for related reforms. |
| To ensure robust processes govern termination of secretary appointments: amend the Public Service Act 1999 to require termination only on specific legislated grounds, consistent with underlying principle that secretaries be entitled to serve the term specified in their instrument of appointment, or APS Commissioner and PM&C Secretary to agree and publish a policy setting out steps to be undertaken prior to advising to the Prime Minister on a proposed termination. | Complete | Refer Recommendation 38 and 39b above for related reforms. |