B.1 Organisational Overview

Head of Service

Section 31 of the Public Sector Management Act 1994 (the PSM Act), provides that the Chief Minister may engage an eligible person as the Head of Service. Under section 17 of the PSM Act the Head of Service held the following functions in relation to the leadership and management of the ACT Public Service (ACTPS) during the 2016-17 reporting period:

  • to develop, oversee the implementation of, coordinate and provide advice and reports to the Chief Minister about whole of government strategies;
  • to provide direction across the ACTPS in relation to critical or potentially critical issues;
  • to promote cooperation and collegiality within and between administrative units;
  • to promote and uphold in the ACTPS the public sector values, the public sector principles and the conduct required of a public servant, including by personal example;
  • to engage, appoint and employ people on behalf of the Territory in accordance with the merit and equity principle;
  • to organise public servants in the ACTPS;
  • to provide advice and reports to the Chief Minister about employment in the ACTPS; and
  • any other function given to the Head of Service by the Chief Minister.

In addition to powers prescribed in the PSM Act and the Public Sector Management Standards 2016 (PSM Standards), the Head of Service  holds powers and/or obligations under the:

  • Board of Senior Secondary Studies Act 1997;
  • Children and Young People Act 2008;
  • Crimes (Sentence Administration) Act 2005;
  • Director of Public Prosecutions Act 1990;
  • Government Procurement Act 2001;
  • Inquiries Act 1991;
  • Judicial Commissions Act 1994;
  • Law Officers Act 2011;
  • Long Service Leave (Portable Schemes) Act 2009;
  • Planning and Development Act 2007;
  • Remuneration Tribunal Act 1995;
  • Royal Commissions Act 1991; and
  • Territory Records Act 2002.

How the Role was Occupied During 2016-17

The role of the Head of Service was occupied by Ms Kathy Leigh, who also served as the Director-General of the Chief Minister, Treasury and Economic Development Directorate (CMTEDD) for the reporting period.

The role of Head of Service was occupied by Mr David Nicol, who also served as the Director-General of the CMTEDD from 1 July to 17 July 2016.

Summary of Key Work, Working Arrangements and Core Focus During 2016-17

2016-17 Priorities

  • whole of government leadership and management, and development across the ACTPS, with a focus on building an agile, responsive and innovative public service;
  • embedding initiatives to support positive workplace cultures, including knowledge sharing, flexible work practices, employee support, positive health initiatives, and diversity programs;
  • fostering collaboration across directorates and services in line with the ‘One Service’ policy;
  • monitoring the implementation and effectiveness of behavioural Enterprise Agreement provisions and development of sector-wide policy to implement Enterprise Agreement provisions;
  • recognising and fostering innovative excellence within the ACTPS; and
  • establishing the ACTPS as a leader in digital innovation, service provision, and environmental sustainability.

Misconduct Investigations

The responsibility for misconduct investigations in the ACTPS is overseen by the Public Sector Standards Commissioner (the Commissioner), established on 1 September 2016, with responsibility previously being held by the Commissioner for Public Administration. The role of Commissioner is currently filled by
Ms Bronwen Overton-Clarke, who held the role of Commissioner for Public Administration on 31 August 2016, and will continue to hold the role as Commissioner until an independent Commissioner is appointed. All other responsibilities of the Commissioner transferred to the Head of Service as of 1 September 2016.

Both the Commissioner and the Head of Service have investigative powers under the PSM Act and can provide information and recommendations to the Chief Minister, Directors-General and agency heads. During the 2016-17 reporting period, the Commissioner utilised the services of the Senior Investigator employed within the Workforce Capability and Governance Division (WCGD) to undertake investigative work relating to complaints and Public Interest Disclosures within the ACT Public Sector (the Sector).

The Professional Standards Unit (PSU) was formed on 19 December 2015 following endorsement of a proposal presented to Strategic Board on 8 December 2015. Consequently, misconduct investigations in the ACTPS are now conducted by the PSU under the auspices of either the Commissioner or the Head of Service.

Investigations are conducted in accordance with the provisions of the relevant ACTPS Enterprise Agreement, the PSM Act and the PSM Standards.

Workplace Culture

The Head of Service has placed an emphasis on fostering a positive workplace culture and promoting professional standards of conduct across the Sector during 2016-17. A number of key pieces of work have continued to be refined to meet these priorities during the reporting period, including:

  • developing the future scope of the Respect, Equity and Diversity (RED) Framework in line with the ACTPS Code of Conduct and ACTPS Values and Signature Behaviours;
  • promoting Lesbian, Gay, Bisexual, Transgender, Intersex and Queer (LGBTIQ) awareness across the ACTPS and paving the way for the establishment of the Office of LGBTIQ Affairs;
  • the continuation of the ACTPS Aboriginal and Torres Strait Islander Traineeship  Program (the Aboriginal and Torres Strait Islander Traineeship),  providing  Aboriginal and Torres Strait Islander participants with the opportunity to develop their skills and knowledge and establish valuable networks across the ACTPS;
  • establishment of the ACTPS Inclusion Traineeship, paralleling the success of the Aboriginal and Torres Strait Islander Traineeship;
  • development of the People with Disability and Aboriginal and Torres Strait Islander Employment Strategies;
  • the continued evolution of prevention of bullying, harassment and discrimination resources; and
  • growing the ACTPS Employment Portal as a central resource and information hub for officers, managers, and senior executives.

Further analysis of performance against all 2016-17 priorities is contained in Section B2 of this report.

Industrial Relations, Enterprise Agreements

The Enterprise Agreements made under the Fair Work Act 2009 (Cwlth), that cover the majority of the Sector nominally expired on 30 June 2017. Agreement negotiations with unions and other employee representatives have been ongoing since December 2016, with the current agreements continuing to operate until replaced.

The Government made an election commitment in 2016 to maintain real wages and is, for the majority of agreements, seeking only moderate changes. Broader reform is sought in relation to the ACTION, Fire Fighting and Canberra Institute of Technology (CIT) agreements, with the view of creating sufficient flexibility to meet the community’s changing needs and expectations.  The new agreements will in part be assessed against the new ACT Public Sector Award 2016, which was made late in the 2015-16 financial year, as part of the ongoing award modernisation process.

The second half of 2016-17 also saw significant work undertaken in preparation for the new ACT Reportable Conduct Scheme. The ACT Reportable Conduct Scheme is the latest effort in the ongoing commitment to safeguarding children in our community. It is a scheme which requires affected employers to better manage and report on allegations of inappropriate conduct involving children, and which establishes an oversight function that sits with the ACT Ombudsman.

Significant Committees and Their Roles

Joint Council

The Head of Service, or their delegate, co-chairs the ACTPS Joint Council (Joint Council) established under the PSM Act. Joint Council is the peak union and management consultative committee for the ACTPS and provides a forum for the consideration of and exchange of information on matters of strategic interest to ACT Government employees and employee organisations.

Joint Council considers significant issues that have, or might have, a multi-directorate impact on the employment of ACT Government employees. These matters include:

  • significant whole of government industrial relations issues;
  • significant whole of government human resource issues; and
  • significant administrative and communication issues.

Important matters discussed at Joint Council within the reporting period include:

  • the centralisation of procurement of contingent labour hire under Contractor Central ACT;
  • the trialling of activity-based work in ACTPS workplaces;
  • the conduct of a Human Resource Information Management System (HRIMS) Feasibility Study; and
  • the commencement of bargaining for replacement Enterprise Agreements.
Strategic Board

The Head of Service chairs Strategic Board, which provides whole of government leadership and strategic direction to the ACTPS, including in relation to the management and development of the Sector workforce.

Strategic Board is the peak ACTPS forum for debate and delivery on cross-directorate and strategic issues.  It takes a whole of government strategic approach to its role.

Strategic Board strives to aid the delivery of Government priorities and policies through:

  • defining and driving the ACTPS forward agenda in line with Government priorities;
  • building the capacity and capability of ACTPS employees;
  • promoting inclusive, collaborative, and cooperative culture within the ACTPS;
  • ensuring the operation of proper governance and accountability arrangements across the ACTPS; and
  • exemplifying the ACTPS Values and the Signature Behaviours that underlie these values.
Institute of Public Administration Australia (IPAA) Council

The Head of Service is a council member of the IPAA Council. IPAA promotes excellence and professionalism in public service.

The council advises on key initiatives that drive the direction of IPAA under four overarching pillars:

  1. shaping thinking in public administration;
  2. promoting excellence in public administration;
  3. capability and professionalism; and
  4. extending our influence and engagement.

The Head of Service’s position on the council, as a representative of the ACTPS, provides the ACTPS with a voice on the future direction of best practice public administration within Australia.

Council of the Order of Australia

The Head of Service sits on the Council of the Order of Australia as a representative of the ACT.

The Order of Australia is the principal and most prestigious means of recognising outstanding members of the community at a national level.

As a member of the Council of the Order of Australia, the Head of Service provides a voice for celebrating the achievements of the people of the ACT at a national level.

Aboriginal and Torres Strait Islander Reporting

In the 2016-17 reporting period the Head of Service continued to place a focus on the development of programs, projects and initiatives to support Aboriginal and Torres Strait Islander Peoples in the ACTPS. This support included:

  • dedicated career development programs for both Administrative Service Officers and Senior Officers;
  • launch of the CMTEDD 2017-19 Reconciliation Action Plan, to sit along those already in place in the Community Services Directorate (CSD), Education Directorate (Education), Environment, Planning and Sustainable Development Directorate (EPSDD), Health Directorate (Health), Justice and Community Safety Directorate (JACS) and the Transport Canberra and City Services Directorate (TCCS);
  • the Aboriginal and Torres Strait Islander Employment framework;
  • the Murranga Murranga Employee Network;
  • employee cultural awareness training; and
  • the ongoing  Aboriginal and Torres Strait Islander Traineeship.

Outlook for 2017-18

The focus for the Head of Service in 2017-18 will be to continue to build the capability of the ACTPS, to further promote collaboration and the sharing of knowledge and resources, to support the development of our executive cohort, and to encourage, support and develop the diversity of our workforce including Aboriginal and Torres Strait Islander Peoples, People with Disability, and LGBTIQ employees to further build an agile, responsive and innovative public service. This will be achieved through:

  • the continued roll out of workforce planning tools to support directorates and line areas in their long term planning;
  • promoting and championing cross directorate collaboration in line with the ‘One Service’ and ‘cluster’ frameworks;
  • putting in place work policies that allow flexible movement of executives and practical flexible working arrangements for all employees to support a more productive and engaged workforce;
  • continuing to consult and partner with Pride in Diversity, the Australian Network on Disability (AND), and the Aboriginal and Torres Strait Islander Elected Body to foster positive workplace cultures; and
  • supporting existing initiatives to increase diversity in the ACTPS while engaging new opportunities such as Australian School Based Apprenticeships (ASBAs) and the AND internship program.