Investigation into the conduct of Public Service Commissioner & IPA member could be cut short and closed without findings once he leaves the public service in August

John Lloyd. Image: The Guardian, 4 June 2018

This close to a federal election will Turnbull & Co organise a whitewashing of any Australian Public Service Commission Code of Conduct finding relating to John Richard Lloyd?

The Guardian, 21 June 2018:

The outgoing public service commissioner John Lloyd is being investigated for an alleged breach of the public service code of conduct, in what Labor has called an “unprecedented” move.

Labor has targeted Lloyd in Senate estimates sessions over allegations of favouritism to the right-wing thinktank the Institute of Public Affairs, of which he is a longtime member and former director.

At a supplementary session on Thursday, the finance and public administration committee chair, James Paterson, tabled letters showing that the acting merit protection commissioner, Mark Davidson, had announced he intended to conduct an inquiry into Lloyd’s conduct.

The 14 June letter from Davidson said he would investigate an “allegation of a breach of the Australian public service code of conduct”.

Asked why he is being investigated, Lloyd told the committee he would take the question on notice and said he did not want to prejudice the investigation but did not claim public interest immunity.

In June Lloyd announced his retirement effective 8 August but said the decision was not influenced by “recent events”.

He told the committee he resigned after consulting his family after a long working life and denied any government member had sought or canvassed his resignation.

Davidson told the committee there was “no power to continue the inquiry” after Lloyd ceases to be commissioner on 8 August….

At an October estimates session Lloyd was asked about his contact with the IPA, including an email in which he attached a document that he said “highlights some of the more generous agreement provisions applying to APS employees”.

The IPA is a fierce public critic of public service conditions and in December called for 27,000 jobs to be slashed.

At that hearing Lloyd defended his link to the group, rejecting the allegation that giving the information amounted to special access because the information was publicly available in public service enterprise agreements.

In May it was revealed Lloyd had complained about scrutiny of his links to the IPA, writing to the IPA’s executive director, John Roskam, referring to “more publicity for the IPA including page 1 of the Canberra Times thanks to ALP questioning”.

The Canberra Times, 23 June 2018:

Mr Lloyd was a controversial appointee from the moment Tony Abbott gave him the job. Although he is a career bureaucrat, he has long been associated with conservative politics; many of his senior promotions were the result of Coalition governments appointing him directly. As John Howard's building industry watchdog, he took an unashamedly hard line against unions. In his current role, he questioned long-held public service tenets, particularly security of employment, and openly opposed freedom of information law.

The head of the public servants' union, Nadine Flood, is hardly an objective observer. Nonetheless, the tone of her extraordinary farewell to Mr Lloyd, who will resign in August, is a sign of his impact on public administration. Ms Flood said Mr Lloyd had debased his office, misled a Senate inquiry, repeatedly attacked the public service, "used his position to promote his ideological preoccupations" and was unfit for the job.....

...it is deeply worrying that acting merit protection commissioner Mark Davidson took so long to deal with the complaint. The possibility now exists that the ensuing investigation might not conclude before Mr Lloyd leaves his job, by when the investigation, if it is still ongoing, would need to be cancelled.

Lloyd spent almost two hours of last month’s [Senate] hearing refusing to answer whether he was under investigation for his contact with the IPA, at one stage attempting to see if he could claim public interest immunity over the queries.

He later took the question on notice and said he was not the subject of any current inquiries.

The department of the prime minister and cabinet had rejected freedom-of-information requests asking for emails between Lloyd and the IPA, on the grounds that releasing the emails “could reasonably be expected to prejudice the conduct of an investigation of a breach, or possible breach, of the law”.

The Guardian, 4 June 2018:

John Lloyd, the public service commissioner, has announced his resignation just days after a Senate estimates grilling that questioned his independence…

Lloyd spent almost two hours of last month’s [Senate] hearing refusing to answer whether he was under investigation for his contact with the IPA, at one stage attempting to see if he could claim public interest immunity over the queries.

He later took the question on notice and said he was not the subject of any current inquiries.

The department of the prime minister and cabinet had rejected freedom-of-information requests asking for emails between Lloyd and the IPA, on the grounds that releasing the emails “could reasonably be expected to prejudice the conduct of an investigation of a breach, or possible breach, of the law”.