Friday 7 August 2009

Turnbull gets a serve concerning rights and obligations of Australian public service employees


Leader of the Opposition Malcolm Turnbull gets a serve he deserves via this media release from the Australian Public Service Commissioner, Lynelle Briggs:

Media release - Disclosure of information: rights and obligations of Australian Public Service employees

Issued 6 August 2009

'It is extraordinary and quite wrong that comments are being made claiming that it is reasonable for public servants to give Government information to Opposition parties. This isn't normal practice, nor is it usual practice, and it is not whistleblowing,' the Australian Public Service Commissioner, Ms Lynelle Briggs, said today.

'It is not commonplace for public servants to meet with Opposition parties to brief them before Senate Committee hearings, and it should never happen without the knowledge and consent of their agency head or Minister.'

'As public servants, we serve the Government, regardless of its political complexion. That is the simple constitutional reality. It is not part of our role as APS employees to serve the Opposition. By convention this means that public servants should have little contact with Opposition or other non-Government parties and requests for briefings are referred to the relevant Minister's office. This is a key consideration in the way in which we manage official information.'

Ms Briggs explained that 'the integrity of the Australian Public Service (APS) is fundamental to its good standing, its credibility and its legitimacy as an important national institution'.

'The APS is required by law to be apolitical, impartial and professional, and to be openly accountable for its actions. Public servants are also required by law to behave honestly and with integrity and to act with care and diligence in the course of their employment. They must comply with all Australian laws, not provide false or misleading information, and maintain appropriate confidentiality about their dealings with Ministers.'

Ms Briggs noted that these duties are set out in the Public Service Act which contains a strong ethical framework to guide the behaviour of APS employees in their working lives.

The APS Values impose a legally binding duty on all APS employees to serve the Government, to be responsive to its requirements and to be accountable for the way in which the public service helps it achieve its goals.

Explaining what this means in practical terms, Ms Briggs said:

'It means that, as public servants, we do not allow party politics to interfere with giving unbiased and objective advice to Government; it means we implement the decisions of Government irrespective of what our own views might be about them; it means we provide the same level of policy advice, implementation and professional support to every government, irrespective of the party in power.'

Ms Briggs said that public servants who leak information are often confused in the media with whistleblowers. 'A leaker is not a whistleblower.'

The Act makes clear that a whistleblower is a public servant who believes that they have uncovered actions which breach the Code of Conduct and who reports them to an authorised person within the public service, which includes the Public Service Commissioner. Whistleblowers maintain the integrity of the system by seeking to correct perceived wrongs through reporting to authorised authorities.

'Leaking involves the unlawful release of official information and is a breach of the Code of Conduct. Leaking, whatever the motive, destroys the trust between the Government and the public service and makes it harder to carry out our responsibilities. It undermines public confidence in the independence and non-partisan nature of the public service and is unacceptable practice for any public servant', she said.

The Australian Public Service Commission clarified this issue last month in a circular to all Australian Public Service agencies (2009/4: Disclosure of official information).

Contact Officer:
Patrick Palmer
Media Liaison and Group Manager
Corporate

Email: patrick.palmer@apsc.gov.au
Tel: 02 6202 3524

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