Recommendation: 7

Recommendation: 7Reinforce APS institutional integrity to sustain the highest standards of ethicsOverall status: Underway
Thodey guidanceStatusDelivery on Thodey
APS Commissioner to work with Secretaries Board and agencies with responsibility for integrity to build pro-integrity culture and practices in the APS.Underway

Improving the APS’s integrity system remains a focus for the Government.

The Attorney-General and Minister for Finance have agreed to amend the PGPA Rule to require Commonwealth entities to implement measures to prevent, detect and deal with corrupt conduct. 

The Attorney-General is working to strengthen the protections for whistle-blowers in the Public Interest Disclosure Act 2013 and improve oversight by the Commonwealth Ombudsman and the Inspector-General of Intelligence and Security. 

The National Anti-Corruption Commission (NACC) was established by the National Anti-Corruption Commission Act 2022 and National Anti-Corruption Commission (Consequential and Transitional Provisions) Act 2022

On 17 November 2023, the APS Integrity Taskforce released the report ‘Louder than Words: An APS Integrit Action Plan’. This included a report on activities on the Commonwealth’s integrity systems, culture and governance, and where opportunities might exist to enhance the pro-integrity systems and cultures. 

In December 2020, Stephen Sedgwick released his report into consultations regarding APS pro-integrity culture which made a series of recommendations aimed at bolstering institutional integrity. Implemented recommendations are outlined below.

Amend the Public Service Act 1999 to: provide own-motion powers for the APS Commissioner to initiate investigations and reviews, require agencies to provide integrity information to the APSC, and include requirements to ensure agency heads and SES avoid or manage potential conflicts of interest after leaving the APS.Underway

On 1 November 2023, the Minister for the Public Service announced the second phase of APS reform initiatives. These include: 

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.

APSC to embed integrity guidance in APS-wide induction, training and other core systems and processes.Complete

The Sedgwick Report recommendations included: 
new APS Commissioner’s Directions 2022 (commenced February 2022) with additional requirements mandating integrity training for new APS entrants, and for Agency Heads to consult with the Commissioner on SES code matters and confidentiality agreements entered into regarding sexual harassment; and new and updated integrity guidance, including Handling Misconduct, an Integrity Metrics Resource, and Fact Sheets. 

The Commission has also developed an SES Integrity Masterclass series, and the APS Academy has hosted a Craft Conversation on the topic and developed a ‘Guide to integrity conversations’

APSC and Finance to ensure all agencies extend APS integrity requirements to service providers, long-term APS contractors and consultants.Underway

Recommendation 13 of the Government’s Integrity Taskforce Response, ‘Louder than Words’, relates to strengthening the integrity of supplier conduct and increasing visibility across the Commonwealth of supplier engagement and performance. 

The Department of Finance is developing a Commonwealth Supplier Code of Conduct, covering consultants, contractors and outsourced service providers, which would be enforceable as a material breach of contract. 

Finance is also working to deliver the Contractor Reporting, Invoicing and Integrity Solution, an integrity system that will enable data sharing across Commonwealth to monitor behaviour, enhance compliance and share material breaches for contractors and labour hire workers engaged under the People Panel. This system is expected to be implemented by June 2024. 

Finance is also working with the Attorney-General’s Department to explore options to increase the transparency and visibility of where Commonwealth contracts have been terminated for material breach.