B.2 Performance Analysis

Respect Equity and Diversity Framework

The RED Framework has enabled the ACT Public Sector (the Sector) to mature into a values based organisation that acts to address unacceptable workplace behavior. The RED Framework continues to support a positive workplace culture across the Sector, embedding this culture into everyday practice.

In 2015, a Review of the RED Framework was conducted and the final report on the Review of the RED Framework (the Final Report) was tabled in the Legislative Assembly on 14 May 2015. The Final Report acknowledged the successes of the Framework thus far, and identified areas that required further focus and development.

Six recommendations were identified to assist the Sector to move into the next iteration of its journey to embed a positive workplace culture. During the 2015-16 reporting period the following actions were taken in response to these recommendations:

• new resources were released to assist managers and supervisors to proactively manage everyday workplace performance or behaviour issues, including the release of the ACTPS Manager’s Toolkit in 2015 and a guide on the complaints management mechanisms;
• whole of government RED reporting activities were reviewed to streamline and improve the validity and usefulness of data collected;
• resources on the prevention of bullying, harassment and discrimination were redeveloped to ensure a modern, best practice approach on identification and resolution of both low-level inappropriate behaviour and more serious misconduct;
• guidelines for RED Contact Officers were developed to improve consistency in application of the role across the ACTPS; and
• in support of positive and inclusive workplace cultures, a series of Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTI) workshops and information sessions were held, and a suite of LGBTI resources developed and promoted. Guidance for managers on disability and a Reasonable Adjustment Policy were also released.

Final work to update the RED Framework is underway, including: updating RED training, revising the 2010 RED Framework documents, additional LGBTI workshops and the development of guidelines on gender transitions in the workplace. The aim of this work is to better align the RED Framework with the ACTPS Code of Conduct and ensure included information is more easily understood by members of the ACTPS, is applicable to employees’ day to day work, and acts as an overarching guide.

ACT Public Service Employment Strategy for Aboriginal and Torres Strait Islander Peoples and ACT Public Service Strategy for People with Disability

The 2011-2015 Employment Strategy for Aboriginal and Torres Strait Islander Peoples and the Employment Strategy for People with Disability formed an integral part of the RED Framework when it was launched in 2010. The Final Report recommended a renewed focus on Employment Strategies for Aboriginal and Torres Strait Islander Peoples and People with Disability. Consequently, significant work has been completed during the 2015-16 reporting period to fulfill this recommendation.

The Employment Strategy for Aboriginal and Torres Strait Islander Peoples committed the ACTPS to increasing the employment of Aboriginal and Torres Strait Islander Peoples from 0.9% in 2010 (179 employees) to 2% in 2015 (407 employees). Similarly, the Employment Strategy for People with Disability committed the ACTPS to increasing the employment of People with Disability from 1.6% in 2010 (327 employees) to 3.4% by 2015 (655 employees). While progress has been made, the ACTPS did not reach these targets and as a result the employment targets were extended until the 2018-19 financial year. Directorate-specific annual diversity targets have been assigned, and also included in Directors-General performance agreements to support the ACTPS in reaching the whole of government targets.

The Employment Strategies for Aboriginal and Torres Strait Islander Peoples and People with Disability are being redeveloped as stand alone strategies, supporting workforce diversity, Aboriginal and Torres Strait Islander cultural awareness and disability confidence within the ACTPS.

Employment Strategy for Aboriginal and Torres Strait Islander Peoples

During the 2015-16 reporting period, the Commissioner continued to build on the programs and initiatives implemented to improve employment of Aboriginal and Torres Strait Islander Peoples within the ACTPS. Progress continued to be made towards reaching the 2% employment target of Aboriginal and Torres Strait Islander employees. At June 2016, workforce data shows that employment of Aboriginal and Torres Strait Islander Peoples has increased to 1.5% (313 employees)¹.

An ACTPS Indigenous Traineeship Program (the Indigenous Traineeship) commenced on 17 August 2015. The Indigenous Traineeship is a one year program providing trainees with the opportunity to gain valuable skills and knowledge and develop networks across the ACTPS. The Indigenous Traineeship also affords trainees with professional development through the completion of individual based certifications. Trainees will be offered permanent positions within the ACTPS upon successful completion of their placements in August 2016. Due to the success of the current Traineeship, it is anticipated that the next ACTPS Indigenous Traineeship will commence in February 2017.

The role of the Whole of Service Inclusion Team has been embedded within the ACTPS, with a particular focus on whole of government employment inclusion initiatives and providing support to directorates. In addition, the Whole of Service Inclusion Team has focused on providing pastoral care to support those participating in the Traineeship and other inclusion initiatives such as the Graduate Program.

For the 2016 and 2017 ACTPS Graduate Programs, a particular focus was placed on advertising to enhance the profile for available positions for Aboriginal and Torres Strait Islander Peoples. In 2016, two Aboriginal and Torres Strait Islander graduates were part of the 45 graduate cohort. In total, approximately 20% of the 2016 graduate cohort identify as being Aboriginal and Torres Strait Islander or having a disability. 16 inclusion positions were identified for the 2017 ACTPS Graduate Program to support the placement of both Aboriginal and Torres Strait Islander Peoples and People with Disability.

Career development and retention of Aboriginal and Torres Strait Islander employees will be a significant focus for 2016-17. An Aboriginal and Torres Strait Islander Career Progression and Retention Program is proposed for the upcoming reporting period, with the focus on support and development of lower to middle range Indigenous employees in the ACTPS. This program is expected to be managed by the Whole of Service Inclusion Team in WCGD and will form part of the overall Inclusion focus in the ACTPS.

An ACTPS Inclusion Practitioners Network will be established during the 2016-17 reporting period. This will be a regular networking and educational event where Inclusion Practitioners within the ACTPS can share and exchange ideas and projects, attend training and remain up to date on inclusion initiatives while networking with their peers. This will initially be coordinated through the Inclusion Team and will then be coordinated through each directorate.

Employment Strategy for People with Disability

The employment of People with Disability within the ACTPS continues to grow, with workforce data at June 2016 showing that the employment of People with Disability has increased to 2.2% (458 employees)². Various employment initiatives are being implemented to support directorates to increase the participation of People with Disability within the ACTPS.

The ACTPS Graduate Program continues to be a successful avenue for attracting People with Disability to the ACTPS. Particular focus is placed on ensuring each candidate is provided with the necessary reasonable adjustment to support them in the selection process. In 2016, nine People with Disability graduates were part of the 45 graduate cohort. Sixteen inclusion positions were identified for the 2017 ACTPS Graduate Program to support the placement of both People with Disability and Aboriginal and Torres Strait Islander Peoples.

The ACTPS is currently working with employment providers to establish a register for Australian School Based Apprentices (ASBAs) for People with Disability, with a view to promoting this to directorates as an opportunity to employ an apprentice in 2016-17. In order to provide support to ACTPS employees with a disability, an ACTPS Disability Employee Network will be created in 2016-17. In addition, an ACTPS Inclusion Practitioners Network will be implemented and will act as an avenue for all staff involved in the inclusion space to network and share learning on Service-wide inclusion initiatives.

Two inclusion traineeship programs are planned for the second half of 2016 with a view to providing People with Disability additional employment pathways into the ACTPS. Planning for the ACTPS Inclusion Employment Traineeship (Inclusion Traineeship) has commenced, with advertisement planned for September 2016 and commencement in November 2016. The Inclusion Traineeship will be specifically for applicants who identify as having a disability, and will run for a period of 12 months. Upon successful completion of the Inclusion Traineeship, participants will be offered ongoing positions with the ACTPS.

An ACTPS Inclusion ICT Traineeship (Inclusion ICT Traineeship) is planned for commencement in July 2016. The ICT Inclusion Traineeship will be a three year program specifically for individuals that identify with Autism Spectrum Disorder. Trainees will undertake a Certificate IV and Diploma in ICT, and will be offered ongoing ICT positions within the ACTPS upon successful completion of the program.

To build stakeholder buy-in to these Inclusion activities, disability confidence training is being developed for managers and general staff to address the perceived challenges of employing People with Disability in the ACTPS.

Workforce Capability and Alignment with ACTPS Values and Signature Behaviours

A priority during 2015-16 was to enable the ACTPS workforce to build the capability required to be an agile, responsive and innovative public service that is able to deliver the government’s priorities and provide effective services to the ACT community. To support this, there has been a key focus on developing and implementing workforce strategies and practical tools that enable directorates to improve their workplace culture and capability.

The ability of ACTPS leaders to create productive working environments that engage staff and foster collaboration, innovation, communication and responsiveness is central to developing the ACTPS workforce as a whole. Regular executive development events have been held during 2015-16 to support skill development, collaboration, understanding of change management and the promotion of positive workplace cultures. During the 2015-16 period there were five All Executive Speaker Series held discussing leadership, responsiveness and collaboration, and four Executive Workshops discussing change management. In addition, an all Executive Post Budget Lunch was held where the Chief Minister and Treasurer Andrew Barr provided an overview of the 2016-17 Budget, highlighting the role of the ACTPS in implementing the associated policies and priorities.

Released in late 2015, the ACTPS Shared Capability Framework (the Capability Framework) describes the key skills, knowledge and behaviours that can be universally expected of every ACT public servant at different organisational levels in every workplace across the ACTPS. Developed in consultation with directorates, the streamlined framework provides guidance when developing strategies to address future workforce needs.

The Capability Framework incorporates the ACTPS Values and Signature Behaviours, and describes five capability domains;

1. Service Delivery: drives and communicates goals that are in line with Government priorities;
2. Team work: fosters collaboration and engagement and drives the ‘One Service’ approach;
3. Achieves results with Integrity: utilises the ACTPS Performance and Development Framework to deliver on KPI’s and recognise achievements;
4. Thinking and Innovating: reinforces flexible work environment with changing priorities and the ability to challenge the status quo; and
5. Leadership: personal effectiveness and leadership capabilities.

These domains represent the main themes, or pillars, of work capability in the ACTPS. The domains are aligned with the equivalent executive capability statement and can be used by directorates to shape and inform their recruitment, learning and development, succession and talent strategies and strategic priorities. In addition, individual ACTPS employees can use these domains as a tool to plan their performance and future development.

Further work has been undertaken in 2015-16 to revise the ACTPS Performance Framework Planning Discussion (PDP) templates to incorporate the Capability Framework and make them easier for employees to complete. The revised PDP templates will improve organisational, functional, team and individual performance within the ACTPS.

To further support workforce planning activities across the ACTPS, an ADAPT Strategic Workforce Planning Toolkit (ADAPT Toolkit) is under development and will be released in 2016-17. The ADAPT model aligns service innovation, business improvement opportunities and strategic priorities with ‘people planning’ to drive business transformation. The ADAPT Toolkit will assist directorates to align people planning activities with strategic business objectives and build future workforces around key service delivery.

The whole of government Employment Policy Review Project continued during 2015-16 to implement changes to policies brought about by the transition from directorate specific to Service-wide Enterprise Agreements and planned changes to employment legislation. The following policies were completed during the 2015-16 financial year:

• ACTPS Recruitment Guidelines;
• Building Positive Work Attendance Policy;
• Local Area Travel Policy;
• Media Communications and Engagement Policy;
• Reasonable Adjustment Policy;
• Short Term Secondment Policy;
• Staying in Touch Policy;
• Use of Recording Devices Policy;
• Use of Social Media Policy; and
• Whole of Government Mobile Devices Policy.

The ACTPS Employment Portal (the Employment Portal) was launched in February 2016, providing a centralised resource for ACTPS staff, managers and HR practitioners to access whole of government employment conditions, rights and obligations. The Employment Portal houses all of the whole of government policies, guidance material, toolkits and HR tools and provides clarity and consistency about the obligations and entitlements under the ACTPS Employment Framework. Its availability is for all stakeholders and can be accessed at http://www.cmd.act.gov.au/employment-framework/.

ACTPS Graduate Program Review

The ACTPS Graduate Program (the Graduate Program) was reviewed during 2015, with a final report completed in December 2015. The review incorporated feedback from stakeholders through a range of consultation mechanisms including surveying 2015 graduates, focus groups with 2015 graduates, focus groups with Directorate Graduate Coordinators, a review of relevant online graduate forums and ongoing liaison with the Graduate Program Coordinator. In addition to stakeholder consultation, data was examined in relation to the retention of graduates and research undertaken into the operation of other agencies’ Graduate Programs.

Recommendations arising from the review included improvements in the areas of recruitment, attraction and retention, rotations/work placements, refinement of the Graduate Program’s key objectives, training and development, and graduate support networks. One recommendation was the redesign of the learning and development (L&D) model used in the Graduate Program. The current L&D model involves completion of a Graduate Certificate in Public Administration at the University of Canberra. While the review found that the availability of training was one of the most important attraction factors of the Graduate Program, feedback from graduates indicated a desire for a focus on on the-job and soft-skills training. A new L&D model will be trialled for the 2017 Graduate Program, with learning targeted around the core skills expected at the Team Member level of the recently released ACTPS Shared Capability Framework. This learning will be supported by a guest speaker series to provide networking opportunities and exposure to senior leaders across the ACTPS.

WCGD continues to work alongside directorates to improve the Graduate Program, with significant work undertaken during 2015-16 to address the recommendations arising from the review. Particular focus has been placed on working cohesively with Directorate Graduate Coordinators to build rapport, provide a forum for ongoing feedback, facilitate a consolidated approach across directorates and ensure key milestones of the Graduate Program are achieved.

Work Safety, Rehabilitation and Workers’ Compensation

By notice under the Safety, Rehabilitation and Compensation Act 1988 (Cwlth) (the SRC Act), until  30 June 2016, the Commissioner was identified as the principal officer of the Territory for the purposes of that Act and in that capacity had overall responsibility for workers’ compensation for the Sector (excluding ACTEW Corporation Limited). From 1 July 2016, the role of principal officer of the Territory has been transferred to the Head of Service.

The ACT Public Service Workers’ Compensation and Work Safety Improvement Plan (the Improvement Plan) was instigated by the ACT Government as part of the 2011-12 Budget. The Improvement Plan consists of a series of aligned and mutually reinforcing elements designed to significantly improve the management of workers’ compensation and work health and safety issues. The elements include:

• a sector-wide case management model;
• strengthening the capability of case managers;
• building stronger people management skills in managers of staff;
• implementing enhancements to the existing ACT redeployment framework;
• a strengthened partnership agreement and working relationship with Comcare;
• enhanced performance monitoring and reporting;
• implementation of the Work Health and Safety Act 2011 (WHS Act) in the Service; and
• development and implementation of a new accident and incident ICT system.

2015-16 saw the continued implementation of key initiatives against the Improvement Plan, further supporting the strategies previously initiated, including:

• maintaining arrangements which resulted in part of the case management team being colocated with Comcare;
• ongoing promotion of the NewAccess program which provides mental health coaching to people experiencing mild to moderate mental ill health issues;
• ongoing provision of training to supervisors, managers and executives on managing mental ill health in the workplace;
• expanding the availability of reporting available to directorates and agencies through the RiskMan electronic incident reporting system. This provides directorate-based work health and safety officers with up to date information about incidents and near misses that are reported across their organisations, allowing them to identify and analyse trends and use the data to inform work health and safety improvement initiatives; and
• continued facilitation of the ACT Public Service Work Health and Safety Working Group which provides leadership and advice to continuously improve workplace safety culture across the Service.

During the 2015-16 reporting period a broad review of the Plan has been undertaken with a view to ensuring the continuous improvement of services and advice being provided on work health and safety and return to work initiatives across the Sector. The Improvement Plan has been successful in improving performance in managing health and safety risks, providing support to injured workers, and supporting rehabilitation and return to work programs for individuals. During the 2016-17 reporting period it is expected that activities will be undertaken to build on these successes and further strengthen the link between wellbeing, work health and safety and return to work, both from a broad policy perspective and also at a service delivery level.

Workforce Profile

The ACT Public Service Workforce Profile (Workforce Profile) is published by the Commissioner each financial year and provides a comprehensive picture of the Service. The Workforce Profile captures aggregate workforce statistics and identifies trends that impact the Service.

Agency Survey

The ACT Public Service Agency Survey (Agency Survey) was reviewed during the 2015-16 reporting period. Consultation was undertaken with Human Resources Directors’ Group, and questions in the Agency Survey revised to better capture information on strategies and initiatives employed by directorates. Importantly, the 2015-16 Agency Survey has been restructured to reflect the main strategic objectives for the ACTPS people planning: an agile, innovative, responsive and engaged workforce.

The Agency Survey fulfills the reporting requirements under Section O of the Annual Reports (Government Agencies) Notice 2015 (the Directions). The Agency Survey is conducted annually allowing for longitudinal tracking and the identification of trends across the ACT Public Sector. The 2015-16 Agency Survey provides the Commissioner with information in relation to broad human resource management trends and covers areas such as: the operation of ACTPS Values and Signature Behaviours, ethics and culture, workplace equity and diversity, workforce planning, attraction and retention, and human resource management within the ACT Public Sector.

Complaints

During the 2015-16 reporting period, the Commissioner received a total of 16 general complaints from employees across the ACT Public Sector. Five matters were for advice only and did not require any investigative action by the Commissioner’s office. This is the second year where complaint figures have dropped, suggesting a positive impact of the ACTPS Manager’s Toolkit.

The subject matter of complaints varied and there were no specific trends identified. Most complaints were resolved through direct liaison with the relevant entity and required minimal involvement by the Commissioner.

As at 30 June 2016, two matters are still current and both have been referred back to the relevant directorate for advice.

During the 2015-16 reporting period, complaints were received from the various public sector entities as follows:

Public Interest Disclosures

Under the Public Interest Disclosure Act 2012 (the PID Act), the Commissioner has a number of functions which include the provision of advice, monitoring PIDs, reviewing investigations, ensuring appropriate outcomes and coordinating related education and training programs.

During the 2015-16 reporting period, whole of government entities complied with provisions of the PID Act, with the following statistics cross checked with Human Resource areas within the relevant entities.

In total the Commissioner was notified of 12 PIDs, the same number as the previous reporting period. A breakdown of the relevant entities the PIDs relate to is as follows:

Of the 12 PIDs received during the 2015-16 reporting period, one was assessed as failing to meet the criteria for disclosable conduct, one was assessed as having no evidence to support the disclosure, six were investigated under the PID Act, four matters were assessed and the entity declined to act under section 20. As at 30 June 2016, four matters remain current. The average time taken for completion of investigated PIDs was five months. In accordance with Section 38 of the PID Act, no regulations were made in the reporting period.

Continuing to embed a best practice approach to PID management, the Commissioner was represented at the annual PID Oversight Forum hosted by the Commonwealth Ombudsman and the Seminar for Commonwealth Agency PID Practitioners, both held in April 2016. In addition, the Commissioner’s office provided responses to the Commonwealth PID review conducted by Mr Philip Moss, AM.

Throughout the 2015-16 reporting period, entities continued to notify the Commissioner in line with the PID Act, that requires that the Commissioner be informed about PIDs with regard to receipt, referral, progress of any investigation and eventual outcome, including a decision not to investigate.

Under the auspices of the Commissioner’s office, a whole of government PID database continues to be maintained by the Senior Investigator, attached to the PSU, for the purpose of centrally recording PID numbers and providing effective oversight and investigation of PIDs.

Review of the Public Sector Management Act 1994 (PSM Act)

During 2015-16, work continued on legislative reform in relation to the PSM Act. The Public Sector Bill 2014 was discontinued and instead a number of reforms pursued through amendments to the existing PSM Act, which were introduced in the Assembly on 7 June 2016. Key reforms include:

• new public sector principles that set expectations of a high-performing, efficient and accountable public sector;
• inclusion of the ACTPS Values which will explicitly apply to the whole public sector, including statutory officeholders and agency heads;
• establishment of an independent Public Sector Standards Commissioner who will not be a public servant;
• general employment powers for the head of service (instead of prescriptive requirements) with detail left to the Standards and policy where items are not covered by Enterprise Agreements;
• removal of the concept of ‘office’ for executives to facilitate executive mobility across the ACTPS;
• establishment of a Senior Executive Service in the ACTPS; and
• discontinuation of the practice of tabling executive contracts and replacing that process with the tabling of a list of new long term contracts twice yearly.

The amendments to the PSM Act deliberately reinforce the One Service narrative founded on collaboration and cohesion of effort, and embed the ACTPS Values and Signature Behaviours contained in the ACTPS Code of Conduct.

The Public Sector Management Amendment Bill 2016 was introduced into the Legislative Assembly on 7 June 2016. During the first half, of 2016 work has continued on finalising other aspects of the legislative package which includes amendments to the Standards. Additional consultation with the unions has also occurred.

Amendments to the Public Sector Management Standards 2006

The Commissioner is empowered under section 251 of the PSM Act, with the approval of the Chief Minister, to make and amend Standards for the purpose of the PSM Act. During the reporting period no amendments were made to the Standards.

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<sup>1. Data relating to workforce diversity can be found at pages 61 - 70 and is quoted as at the last pay period of the 2015-16 financial year, 29 June 2015.
2. Data relating to workforce diversity can be found at pages 61 - 70 and is quoted as at the last pay period of the 2015-16 financial year, 29 June 2015.</sup>