B.3 Scrutiny
Standing Committee on Health, Ageing, Community and Social Services Report No.2 – Report on the Inquiry into ACT Public Service Aboriginal and Torres Strait Islander Employment
| Recommendation No. and Summary | Action | Status |
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3. The Committee recommended the ACTPS Employment Strategy for Aboriginal and Torres Strait Islander Peoples be amended to incorporate a plan to recruit and retain suitably qualified Aboriginal and Torres Strait Islander senior executives in the service. The Government agreed noting the ACTPS aims to employ more Aboriginal and Torres Strait Islander Peoples at both higher level administrative classifications and senior officer level. The proposal to amend the Employment Strategy to include a standalone plan to recruit and retain suitably qualified Aboriginal and Torres Strait Islander senior executives in the ACTPS is being considered as part of the ongoing review of the RED Framework. |
Although a specific program to recruit suitably qualified Aboriginal and Torres Strait Islander senior executives has not been designed, the whole of government secondment policy was revised during the 2015-16 period. This policy sets out the principles and considerations to be given when arranging
secondment and job swap placements of staff into and out of ACT Government workplaces. The ACTPS Graduate Program is being targeted to encourage larger numbers of Aboriginal and Torres Strait Islander employees into the ACTPS. The Inclusion Employment Program is a foundation to develop a wider and more diverse pool of talent and broaden the opportunities for employees to move into leadership positions within the ACTPS in future years. In an effort to increase the retention and career progression of Indigenous employees, an ACTPS Aboriginal and Torres Strait Islander Career Retention and Development program will commence in 2016-2017. This program will cater for up to 40 participants across the Service. | Complete. |
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4. The Committee recommended the ACTPS give priority to identifying and implementing innovative ways of recruiting Aboriginal and Torres Strait Islander Peoples into the ACTPS, in consultation with the ACT Aboriginal and Torres Strait Islander Elected Body. The Government agreed noting the ACTPS whole of government Recruitment Guidelines will be updated in line with the renewal of the employment framework upon its implementation. This will be supported by development of a toolkit for managers, supervisors and colleagues of Aboriginal and Torres Strait Islander employees to provide cultural competency and other relevant information, including information relevant to recruitment. The proposal that the Government consider secondments of Aboriginal and Torres Strait Islander persons from Non Government employers will be considered as part of the review of the RED Framework. |
Consultation occurred with the Elected Body in December 2014, and remain ongoing through regular meetings with respective Directors-General relating to individual Elected Body Members’ portfolio. The review of the ACTPS Recruitment Guidelines was completed during 2015-16. As reported in relation to recommendation 3, the whole of government secondment policy was revised during 2015-16 and covers job swaps into and out of the ACTPS, Non Government Organisations and the Private Sector. | Complete. |
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6. The Committee recommended the ACTPS enhance its website to address the requirements of Aboriginal and Torres Strait Islander Peoples who may be interested in employment in the ACTPS. The Government agreed noting the ACTPS will continue to work with the Elected Body to seek specific requirements of Aboriginal and Torres Strait Islander Peoples who may be interested in employment in the ACTPS, and how the ACT Government website can be enhanced to address these requirements. |
A range of advertising including engaging social media has been used to advertise the Inclusion Employment Pathways Indigenous Traineeship. Advertising will be evaluated each year to determine the most effective avenues for attracting Aboriginal and Torres Strait Islander Peoples. Consultation remains ongoing relating to specific requirements of Aboriginal and Torres Strait Islander Peoples who may be interested in employment in the ACTPS, and how the ACT Government website can be enhanced to address these requirements. The ACTPS Graduate Program website has been reviewed, including the addition of a new ‘Inclusions’ tab to better promote Aboriginal and Torres Strait Islander identified positions within the Program. To better promote Canberra as a vibrant city to live in, a new ‘About Canberra’ tab was also added to encourage applications from interstate candidates. |
Complete. Complete. |
| 10. The Committee recommended the ACTPS take the necessary steps to ensure exit data relating to Aboriginal and Torres Strait Islander employees is collected and reported, including to the ACT Aboriginal and Torres Strait Islander Elected Body and in the annual State of the Service report. The government agreed in principle noting the government aims to improve the collection of exit survey data for workforce planning and reporting purposes. The ACTPS will consider how best to update the survey in line with the One Service model, and will consider continuous improvement in promoting the survey and its benefits to all staff. |
The Agency Survey component of the ACTPS State of the Service Report has been reviewed to improve validity and usefulness of data collected and reported especially around RED themes. Directorate level reporting on RED contacts is being reviewed to ensure consistency. The RED Review Working Group has considered the usage and success of exit surveys across the ACTPS, and how exit data can be better captured and analysed. Changes to the exit survey are dependent on the introduction of enabling technology. In October 2015 the Strategic Board endorsed the ADAPT Workforce Planning Toolkit which will enable directorates to develop, implement and review workforce planning in a modern and dynamic way to meet strategic objectives and business outcomes. |
Complete. Ongoing. |
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12. The Committee recommended the ACTPS develop an induction program for new Aboriginal and Torres Strait Islander employees that augment the induction program for all new staff. The Government agreed in principle noting the ACTPS will consult with the Indigenous staff network for their views on relevant matters for inclusion in whole of government induction. These matters will be considered in the context of the review of the RED Framework, however, directorates have made some initial suggestions, including that a whole of government Induction Program should include bi-annual meetings/workshops to assist mentoring, buddy support and networking, and the program should involve directorate-specific input. The concept of providing whole of government elements for local induction will also be considered. |
Online induction programs were reviewed through the RED Review Working Group to better highlight the linkages between the ACTPS Code of Conduct and the RED Framework. The general RED training that all new staff undertake is currently being reviewed to ensure it remains current and aligns with new policies
on bullying (including harassment and discrimination). Specific induction content is developed for the Inclusion Employment initiatives. Induction content was developed for the ACTPS Indigenous Traineeship Program that commenced in August 2015. | Complete. |
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13. The Committee recommended the ACTPS review its cross-cultural training and take necessary steps to ensure it is of the highest standard, with benchmarking as appropriate. The Government agreed noting a review of the current cultural awareness training will be considered in the context of the review of the RED Framework. | New resources released under the RED Framework across 2015 and 2016 have been provided to training providers to incorporate into their RED Training packages. Training is currently being reviewed through the RED Review Working Group. | Complete. |
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14. The Committee recommended the ACTPS ensure all staff undertake cross-cultural training and that data on this training together with an assessment of its impact be reported in directorate and agency annual reports. The government agreed in principle noting the review of the RED Framework has indicated the principle of diversity has been adopted and embedded across the ACTPS, and operates as ‘business as usual’. The government is interested in forming closer links with the Aboriginal and Torres Strait Islander community to gain better understanding of its culture and customs, to enhance cross-cultural understanding relevant to the ACTPS, and the citizens we serve. Accordingly, this recommendation will be considered in the context of the review of the RED Framework. | The ACTPS has several inclusion initiatives already in place that involve training and support for the areas involved with the programs and inclusion initiatives. In line with the review of the RED Framework, the ACTPS continues to review cross-cultural training available in the ACTPS, including considering the most practical ways to apply cross-cultural training to the broad range of employees and business areas across the ACTPS. | Complete. |
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15. The Committee recommended the ACTPS ensure all work environments are properly prepared for new Aboriginal and Torres Strait Islander employees. This may mean additional cross-cultural training programs for the managers and/or supervisors of Aboriginal and Torres Strait Islander employees. The Government agreed in principle stating it will consult with the Elected Body to finalise the Toolkit for managers and supervisors of Aboriginal and Torres Strait Islander employees. |
WCGD has worked with Directorates and individual areas to provide training and support for areas involved in Inclusion Programs such as the Graduate Program and Inclusion Traineeships. WCGD has developed online support and the Manager’s Toolkit that provides guidance on reasonable adjustment, selection and recruitment along with staff development and performance guidance material. |
Complete. Complete. |
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17. The Committee recommended the ACTPS ensure induction programs for all new ACTPS employees include effective training on the handling of racism and bullying. The Government agreed noting work undertaken to outline expectations regarding workplace behaviour, resulting in the ACTPS Code of Conduct and its supporting documents, including the RED Framework. Additionally as part of the review of the RED Framework the content of RED training will be revised and updated where necessary to include appropriate content regarding handling all forms of bullying, including racism. |
RED training (including responding to and preventing bullying) and a comprehensive guideline to the prevention of bullying (including harassment and discrimination) already exists within the ACTPS. RED resources on the prevention of bullying (including harassment and discrimination) were reviewed in 2015 and replaced with the Resolving Workplace Issues Resources. These resources have been developed to provide staff and managers with guidance on effective and efficient resolution of low level inappropriate behaviour through to more serious misconduct. This framework ensures that guidance on preventing and managing incidents of work bullying is current and best practice. New RED resources such as these have been provided to training providers to be incorporated into RED Training. A further review of RED training is underway to ensure it remains current and best practice. | Complete. |
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23. The Committee recommended the ACTPS examine ways of working with the Australian Indigenous Leadership Centre for the delivery of innovative diversity and mentoring training for all ACTPS employees. The government agreed noting it is committed to innovative ways to retain Aboriginal and Torres Strait Islander employees, and will further investigate this recommendation in the context of the review of the RED Framework currently underway. |
Consultations are underway with the Australian Indigenous Leadership Centre and other training and development organisations for training programs and initiatives associated with the development of ACTPS employees. CMTEDD will be promoting a number of training programs in 2016-17 from the ACT Indigenous Leadership Centre. CMTEDD will be working with these organisations for assistance and support of future Inclusion Initiative programs such as the Graduate Program and Traineeships. | Complete. |
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24. The Committee recommended the ACTPS ensure mentors for Aboriginal and Torres Strait Islander employees are drawn from those ACTPS employees who are respected within the wider Aboriginal and Torres Strait Islander community. The Government agreed in principle noting mentoring, buddying and coaching programs currently in operation in ACT Health are being monitored centrally with a view to possible whole of government adoption/ implementation. The operation of the buddying component of the CSD facilitated traineeship may also be considered in this context. The recommendation will be also considered in the context of the review of the RED Framework currently underway. |
The pilot Inclusion Employment Pathways Aboriginal and Torres Strait Islander Traineeship engaged culturally appropriate mentors from Murranga Murranga in addition to other sources to support both trainees and their supervisors. Each year new mentors and support will be organised. An Inclusion Employment Pathways Trainee Network has been established to facilitate peer support and additional training and development. This network will be re-evaluated each year in order to maintain the most effective and appropriate support for participants. |
Complete. Complete. |
| 26. The Committee recommended the ACTPS establish a Work in the Assembly Program for Aboriginal and Torres Strait Islander employees, along the lines of the current Work in the Assembly Program open to all ACTPS employees, at the ASO 6 or SOGC levels. The government agreed in principle stating that it would consider the recommendation in the context of the review of the RED Framework and in consultation with the Office of the Legislative Assembly. | Initial discussions with the Office of the Legislative Assembly have indicated this could be linked with their existing program. This will be further investigated after the expansion of the number of MLAs at the Territory election in October 2016. | In Progress. |
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28. The Committee recommended the ACTPS take prompt action to ensure the wider collection of data, including exit surveys, relating to Aboriginal and Torres Strait Islander employees in the ACT Public Service. The government agreed in principle noting that the government aims to improve the collection of exit survey data for workforce planning and reporting purposes. This recommendation will be considered in the context of the review of the RED Framework. |
The RED Review Working Group has considered the usage and success of exit surveys across the ACTPS, and how exit data can be better captured and analysed. Changes to the exit survey are dependent on the introduction of enabling technology. In October 2015 the Strategic Board endorsed the ADAPT Workforce Planning Toolkit which will enable directorates to develop, implement and review workforce planning in a modern and dynamic way to meet strategic objectives and business outcomes. The Agency Survey component of the ACTPS State of the Service Report has been reviewed to improve validity and usefulness of data collected and reported especially around RED themes. |
Complete. Complete. |
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31. The Committee recommended the ACTPS review the merit of implementing an Indigenous leadership program similar to that proposed by the New South Wales Public Service Commission and report its findings to the ACT Aboriginal and Torres Strait Islander Elected Body and the Legislative Assembly. The Government agreed, noting that directorates have indicated support for an Indigenous leadership program to increase the capability of current and future Aboriginal and Torres Strait Islander employees and to increase the attractiveness of the ACTPS to Aboriginal and Torres Strait Islander Peoples. | Consultation is underway with Training and Development Providers and Community on an Indigenous Leadership program specifically designed for senior level staff and development of future senior level staff aimed at increasing the number of Senior Officers that identify as Aboriginal and or Torres Strait Islander and increasing the retention of current staff at these levels. Future consultation will also involve the ACTPS Staff network. | In Progress. |
Select Committee on Estimates 2014-2015 Report No.1 – Inquiry into Appropriation Bill 2014-2015 and the Appropriation (Office of the Legislative Assembly) Bill 2014-2015
| Recommendation No. and Summary | Action | Status |
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51. The Committee recommended the Government undertake analysis of the underlying causes of bullying in the ACT Public Service and establish a service-wide framework to address these issues. The Government agreed in principle noting that public sector conduct, including bullying issues, is intended to be a particular focus for a new independent commissioner. Accordingly, there will need to be discussions with the new commissioner around his or her planned program of work in relation to this issue. There is already a service-wide framework to address bullying issues that consists of the Respect, Equity and Diversity (RED) framework and accompanying guide to prevention and management of work bullying which is currently being reviewed and updated; and investigations provisions in the ACT public sector enterprise agreements. |
A service-wide framework for preventing and responding to bullying in the ACTPS exists. This includes the RED Framework, the Resolving Workplace Issues resources, and a clear procedure for managing allegations of misconduct (including bullying) being proscribed in ACTPS Enterprise Agreements. Proposed
amendments to the Public Sector Management Act 1994 that will see the establishment of an independent Public Sector Standards Commissioner were tabled in the Assembly in June 2016. To support this framework, a Manager’s Toolkit has been released and the Resolving Workplace Issues resources include a specific resource on complaints management within the ACTPS. The role of the RED Contact Officers and the training provided is being reviewed and clarified, especially in the area of complaints management and increased education regarding the complaints mechanisms in the ACTPS. To clarify the roles and responsibilities of the RED Contact Officers and improve consistency of that role across the Service, the RED Contact Officer Guidelines were developed and released in early 2016. In the most recent negotiations with unions on ACTPS Enterprise Agreements, substantial work was undertaken to amend Section H (Workplace Values and Behaviour) of the common terms and conditions. Particularly, the ‘evidence-gathering’ provisions were replaced with the Preliminary Assessment provisions, with the intent of resolving complaints of inappropriate behaviour at the lowest level and at an early stage, before they progress to more serious misconduct issues. |
Complete. Complete. Complete. Complete. |
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52. The Committee recommended the Government put in place a whole of government bullying strategy. The Government agreed in principle noting the guide to prevention and management of work bullying contains the whole of government bullying strategy and is currently being reviewed. | Previous bullying resources such as the Respect at Work Policy and the ACTPS Preventing Work Bullying Guidelines under the RED Framework have been reviewed and replaced with the Resolving Workplace Issues suite of resources. These resources incorporate Respect at Work and retain the principles of Preventing Work Bullying Guidelines, however are modern and best practice. They focus on early identification and effective responses to lower level inappropriate behaviour before it escalates to more serious misconduct, and include a focus on restorative justice. | Complete. |
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53. The Committee recommended that the Government establish a register to monitor the incidence and progress on addressing bullying across the ACT Public Service. The Government agreed in principle noting the State of the Service Report provides data on the number of bullying complaints and how they are handled. Further initiatives to monitor the incidence and handling of bullying complaints are being considered during the review of the RED framework. |
The reporting procedures for RED Contacts have been reviewed with the intent to improve consistency of data collected and reported within directorates on the number and type of RED Contacts. As part of the recently developed RED Contact Officer Guidelines, a standardised reporting template was developed
and is attached to the Guidelines as a means of improving consistency of data collected and reported across the Service. The Agency Survey component of the ACTPS State of the Service Report has been reviewed to improve validity and usefulness of data collected and reported. |
Complete. Complete. |
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54. The Committee recommended the Government put in place a standard training regime for all ACT Public Service (directorates and agencies on bullying. The Government agreed in principle noting training on the RED framework, which includes bullying, is provided through Shared Services, and has been customised for specific workplaces by larger directorates such as Health. Training requirements are being considered during the review of the RED framework. |
RED training, including preventing and responding to bullying, is currently provided to all staff, with specific additional training being provided to RED Contact Officers. New resources released under the RED Framework across 2015 and 2016 have been provided to training providers to incorporate into RED training. | Complete. |
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55. The Committee recommended the Government consider the application of restorative justice practice in addressing bullying in the ACT Public Service. The Government agreed noting the application of restorative justice practice will be considered during the review of the RED framework. |
A review of bullying material has been undertaken and the Resolving Workplace Issues suite of resources have been released. These resources update previous bullying material to ensure it remains current and best practice. They provide a holistic approach to the identification, prevention and management
of lower-level inappropriate behaviour through to more serious misconduct (such as bullying). These resources include a focus on restorative justice, rather than issues escalating to formal procedures before any attempt at resolution has occurred. The Resolving Workplace Issues resources provide further explanation of non-disciplinary responses to inappropriate behaviour, either by the staff members themselves or with assistance from management or Human Resources. | Complete. |
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68. The Committee recommends that the ACT Government give consideration to establishing an independent Public Service Commissioner, for whom functions should include (i) developing and providing expertise in dealing with bullying matters; and (ii) centrally tracking, monitoring and reporting on the
incidence of bullying in the ACTPS. The Government noted the recommendation. |
Under the amendments to the Public Sector Management Act 1994 the office of the Public Sector Standards Commissioner will be established on 1 September 2016, replacing the office of the Commissioner for Public Administration. Misconduct procedures and Public Interest Disclosure (PID) responsibilities will transfer to the Public Sector Standards Commissioner, with the remainder of Commissioner responsibilities transferring to the Head of Service. The Public Sector Standards Commissioner will be independent from the ACTPS and will not be an ACT public servant. The Public Sector Standards Commissioner will be a part-time role, supported by the Chief Minister, Treasury and Economic Development Directorate. As a transition, the Commissioner as at 31 August assumes the role of the Public Sector Standards Commissioner pending the appointment of the independent Commissioner. | Complete. |
Standing Committee on Public Accounts Report on Annual and Financial Reports 2013-2014
| Recommendation No. and Summary | Action | Status |
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3. The Committee reiterates its earlier recommendation that ACT Government directorates and agencies should ensure complete reporting with all compliance requirements as specified in the Annual Report Directions. The Government agreed stating that as with previous Annual Report Directions, the Annual Report Directions for 2015 and 2016 require all annual reports to include a transmittal certificate signed by the Director-General, Chief Executive Officer, Statutory Office Holder or Agency Head stating that the Annual Report is in accordance with the requirements of the Annual Report Directions. | The State of the Service Report includes a transmittal certificate, prepared in accordance with the Annual Report Directions and signed by the Commissioner for Public Administration. | Complete. |
8. The Committee recommended that the ACT Government inform the ACT Legislative Assembly, by the last sitting day in May 2015, on the outcomes of its review of the Respect, Equity and Diversity (RED) Framework—with particular reference to:
| A report on the review of the RED Framework was tabled on 14 May 2015. | Complete. |
Select Committee on Estimates 2015-16 Report No. 1 Inquiry into Appropriation Bill 2015-16 and the Appropriation (Office of the Legislative Assembly) Bill 2015-16
| Recommendation No. and Summary | Action | Status |
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34. The Committee recommended that the ACT Government should consider developing and launching an updated Aboriginal and Torres Strait Islander employment policy for the ACT public service. The government agreed stating that the Employment Strategy for Aboriginal and Torres Strait Islander Peoples is being refreshed and expanded to include new whole of government initiatives that will provide directorates with increased support to reach their annual employment targets and meet the whole of government target by 2018-19. | Consultation is underway with Directorates on the development of an Inclusion Policy for the ACTPS, taking into account individual Directorate’s goals and commitments along with the CMTEDD Inclusion Initiatives. | Complete. |
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110. The Committee recommended that the ACT Government provide clear definitions for counting staff numbers including head count, fulltime employees, fulltime employees (ACT funded) and fulltime employees (externally funded) and fulltime employees (all funding sources), full time equivalents and agreed
abbreviations. The government agreed in principle, noting the only term used in relation to staffing in the Budget papers is “Full-Time Equivalents” and this is defined in the on-line Readers Guide to the 2015-16 Budget (see page 43) Other definitions and abbreviations are also contained in the Glossary which is at Attachment B to the Readers Guide. | Definitions of these key terms have been consistently reported in the annual State of the Service Report: Workforce Profile section. | Complete. |
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127. The Committee recommended the ACT Government develop a policy to address recruitment issues, such as lateral transfers and advertising of positions, to ensure the most equitable outcomes for applicants and to obtain the best staffing outcomes for the government. The government agreed in principle, stating that in February 2015, a project reviewing service wide human resources policies commenced. Existing recruitment policies are being reviewed as part of this project. | The ACT Public Service Recruitment Guidelines were reviewed and updated in 2015 to reflect the current ACTPS recruitment context and address recommendations arising from the 2013 Auditor-General’s report no. 8 of 2012: Australian Capital Territory Public Service. | Complete. |
Standing Committee on Public Accounts Report on Annual and Financial Reports 2014-15
| Recommendation No. and Summary | Action | Status |
| 7. The Committee recommended that the ACT Public Service State of the Service report as it relates to the whole of government reporting descriptor—Public Interest Disclosure—should include statistics as to which public sector entity disclosures pertained to for the applicable reporting year. | A breakdown of public interest disclosures by entity is reported in the ACTPS State of the Service report at section ‘B2. Performance Analysis’. | Complete. |
| 8. The Committee recommended that the ACT Public Service State of the Service report as it relates to the whole of government reporting descriptor—Public Interest Disclosure—should, where applicable, detail the grounds pursuant to section 20 of the Public Interest Disclosure Act 2012, that an investigating entity may decide not to investigate a public interest disclosure, or may end the investigation of the disclosure, for the applicable reporting period. |
Details of the grounds under which an investigating entity decided not to investigate pursuant to section 20 of the Public Interest Disclosure Act 2012 were not indicated in the State of the Service Report 2015 to preserve the anonymity of disclosers as prescribed by Section 44 of the Public Interest
Disclosure Act 2012 (Offences – use or divulge protected information). The State of the Service Report already discloses how many Public Interest Disclosures were received, how many were investigated, and how many fall under section 20 of the Act. | Complete. |
| 9. The Committee recommended that the Commissioner for Public Administration inform the ACT Legislative Assembly, by the last sitting day in May 2016, as to the grounds pursuant to section 20 of the Public Interest Disclosure Act 2012, the relevant investigating entity decided not to investigate a public interest disclosure for the 2014–15 reporting period. | As per response to Recommendation 8, the State of the Service Report already provides the details that ensure that section 44 of the Public Interest Disclosure Act 2012 is not breached. | Complete. |
| 10. The Committee recommended, to the extent that work is not already taking place, that the ACT Government take appropriate steps to resolve inconsistencies between directorates in relation to complaints handling under the Respect, Equity and Diversity (RED) Framework. |
The Agency Survey component of the ACTPS State of the Service Report has been reviewed to improve validity and usefulness of data collected and reported, especially around RED themes. In particular, the survey questions have been refined to ensure a consistent understanding of reporting requirements
by respondents. Guidelines for RED Contact Officers have been released to provide a consistent resource for RED Contact Officers to increase education regarding complaints management and support them to better understand their roles and responsibilities. This resource includes a standardised reporting template for use across the Service to improve consistency in reporting of RED contacts. | Complete. |
| 11. The Committee recommended that the ACT Government report to the ACT Legislative Assembly, by the last sitting day in May 2016, on the progress and effectiveness of the Government’s implementation of the recommendations, made in the Final report on the review of the Respect, Equity and Diversity (RED) Framework, that have been accepted either in-whole or in-part. | The Chief Minister provided an update on implementation of the recommendations made in the Final report on the review of the RED Framework to the Assembly in May 2016. | Complete. |
