Let The Sunshine In, the Coaldrake Review of culture and accountability in the Queensland public sector Final Report, features the following recommendations -
AUDITOR-GENERAL
• The Auditor-General become an independent Officer of Parliament.
• The Auditor-General Act 2009 (Qld) be amended to allow for the Auditor-General’s employment of QAO staff under that Act rather than under the Public Service Act 2008 (Qld).
• The Auditor-General be allowed to independently set basic rates for audit fees without the Treasurer’s approval.
• The Auditor-General be given the discretion to undertake performance audits on government- owned-corporations.
• Other outstanding recommendations from the 2013 FAC Inquiry and 2017 Strategic Review be implemented.
OMBUDSMAN
Section 10(c) of the Ombudsman Act 2001 (Qld) be amended to give the Ombudsman jurisdiction over non-government organisations and other providers of contracted service delivery.
CCC
Those complaints against senior public sector employees which the CCC devolves must include ongoing oversight by the Public Service Commission and an independent Director-General.
CLEARING HOUSE
Consideration be given to the establishment of a technologically-enabled clearing house which will:
• act as a first point of contact for complainants to report concerns and complaints, including complaints about alleged corruption, administrative decisions, and customer complaints;
• assess each complaint and determine whether: the complaint should be referred to an integrity body; the complaint should be referred to an agency complaints-handling process or for departmental investigation; or o no further action be taken (for vexatious or trivial complaints); and
• operate through the creation and use of a central reporting portal, accessible to integrity agencies, ethical standards units and complainants, the purpose of which would be to rationalise and streamline reporting and compliance administration to enable agencies to focus on their core business in a timely manner and reduce administrative burden.
CCC
The CCC avail itself of the opportunity provided by the clearing house and the other cultural changes prompted by this Review to redouble its attention on serious corruption and major crime.
LOBBYING
Lobbying regulation be strengthened by:
• requiring that all professionals offering paid lobbying services to third parties to register as lobbyists;
• abandoning the ‘drop down’ menu on the lobbying contact log in favour of a requirement that lobbyists provide a short description of the purpose and intended outcome of contact with government;
• requiring the publication of diaries of ministers and their staff. Diaries should record all external contacts designed to influence government decisions, should readily link to the lobbying register and should be easily accessible and searchable;
• an explicit prohibition on the “dual hatting” of professional lobbyists during election campaigns. They can either lobby or provide professional political advice but cannot do both;
• encouraging the Auditor-General to carry out performance audits of the lobbying register, ministerial diaries and public records to ensure recordkeeping obligations are being complied with.
CABINET
The Department of Premier and Cabinet develop a policy requiring all cabinet submissions, agendas and decision papers (and appendices) to be proactively released and published online within 30 business days of a final decision being taken by Cabinet, subject only to a number of reasonable exceptions which should be outlined in the policy.
MANDATORY DATA BREACH NOTIFICATION
A MDBN scheme be established in Queensland, forthwith.
WHISTLEBLOWING
The Government proceed with its promised review of PID legislation as a matter of urgency, and at least within the next six months.
INDEPENDENCE OF INTEGRITY BODIES
The independence of integrity bodies in Queensland be enhanced by aligning responsibility for financial arrangements and management practices with the Speaker of Parliament and the appropriate parliamentary committee, rather than the executive government.
INTERFACE FOR INTERACTIONS
Development and continual reinforcement of a common framework to determine appropriate relationships among ministers, their staff and senior public service officers. The tone set at the top is essential.
STABLITIY FOR LEADERSHIP
Stability of government and performance of public service be strengthened by appointment of agency CEOs (including directors-general) on fixed term, five year contracts, unaligned to the electoral cycle.
CONSULTANTS AND CONTRACTORS
Departments to more robustly account for the benefits derived from engaging consultants and contractors, with regular monitoring by the Auditor-General.
REJUVENATION
The rejuvenation of the capability and capacity of the Queensland public sector be a major and concerted focus. This should emphasise a culture of performance and integrity. The Public Service Commission must accept its key role.
The introduction to the report states
The focus of this Review, established by Premier Annastacia Palaszczuk on 18 February 2022 with a four- month timeline, has been on culture and accountability in the Queensland public sector. This Final Report follows the presentation of an Interim assessment on 21 April 2022. The Terms of Reference, set out in full in Appendix 1, require the Review to consider both the accountability and integrity framework overall, but also its component parts and how those parts interact. Particular emphasis was placed by the Premier on matters of public sector culture and on ensuring that the framework is:
• contemporary, fit for purpose and future focussed
• effective in supporting an ethical public sector culture • underpinned by robust systems including complaints mechanisms and training
• maintains the public’s trust in the decisions of the Queensland Government
The Review was prompted by a number of recent controversies and the issues they collectively raise go to matters of trust and to debates about the independence, transparency, integrity, accountability and impartiality of particular agencies and offices operating in what has become both contested and congested territory. The issues so raised are all symptomatic of pressures in and on the system. The manner in which they have been aired, outside established channels in some cases, leaves the impression that the system is not working as it should.
In establishing this Review, the Premier stated: ‘It is always good to look at things with fresh eyes. The 21st century has brought rapid changes, not least in terms of technology. We need to address that. People deserve a government that is fit for purpose, geared to their needs and focused on them.’
In that context, the Review has not sought to relitigate matters of dispute which have been or remain the subject of various separate processes. Rather, it has been to look at the health of the system overall, and to assess how its component parts are working together to ensure that the business of government is being conducted in an open and accountable way. This means government conducting itself in a spirit of fairness, with a close eye on its ability and capacity to respond to the community’s changing needs and with a constant focus on its own performance and its value-for-money to taxpayers and the broader community.
It is equally important that contemporary government be ‘fit for purpose’, the theme raised by the Premier herself in establishing the Review. The priorities and expectations of society are evolving and the community – despite its apparent loss of faith in leaders and institutions, including politicians, the media and the churches – still looks to government as a mainstay for assistance, security and leadership, especially in times of crisis and profound dislocation. In particular, the community looks to governments at all levels to work together in providing essential services, to help mitigate the impacts of natural disasters and to address more intractable societal challenges such as, domestic violence and drug abuse. Addressing First Nations opportunities is a fundamental challenge. Now and into the future, communities everywhere – including those in Queensland – will expect government to take a lead in guiding the massive adaptations which will be necessitated by the existential threat of climate change and the imperatives of a rapidly transitioning economy.
