Public Service Amendment Bill 2023

The majority voted against an amendment introduced by Mackellar MP Sophie Scamps, which means they failed.

What did the amendment do?

Dr Scamps explained that:

In short, these amendments dictate that, when a department secretary is to be appointed, the Public Service Commissioner would be required to conduct a robust selection process, including publishing selection criteria for the appointment, widely consulting for candidates, rigorously considering candidates against the selection criteria and preparing a shortlist of at least three candidates for the Prime Minister to consider. If the Prime Minister decides to select somebody for the position who is not on the shortlist, they must table a report within seven sitting days of the appointment naming the person and providing reasons why that person has the appropriate qualifications, skills and experience for the role.

For the appointment of the Public Service Commissioner, the so-called 'guardian of an impartial Australian Public Service', as described by Thodey, there are a couple of additional requirements: that the independent panel be chaired by a former judge, and that the Prime Minister consult with the Leader of the Opposition on the appointment. This is in recognition that the Australian Public Service Commissioner is a unique role and reinforces to the Australian public the independence and impartiality of both the commissioner and the Australian Public Service.

Amendment text

(3) Schedule 1, page 8 (after line 25), after item 8, insert:

8A Section 45

Before "The Commissioner", insert "(1)".

8B At the end of section 45

Add:

Requirements for appointments

(2) Before recommending to the Governor-General on or after the commencement of this subsection that a person be appointed as the Commissioner, the Prime Minister must:

(a) ensure that the person was selected as the result of a process that includes:

(i) public advertising of selection criteria for the position; and

(ii) assessment of applications against the selection criteria by an independent panel consisting of at least 3 members and chaired by a former judge; and

(iii) shortlisting of at least 3 persons for the appointment who are certified, in writing, by the panel to meet all of the selection criteria; and

(b) ensure that the person appointed is one of the shortlisted candidates.

(3) Within 7 days after an appointment is made, the Prime Minister must cause a copy of the written certification (referred to in subparagraph (2)(a)(iii)) for the person appointed to be:

(a) tabled in each House of the Parliament; or

(b) if a House is not sitting—presented to the Presiding Officer of that House for circulation to the members of that House.

(4) In this section:

former judge means:

(a) a former Justice of the High Court; or

(b) a former judge of the Federal Court of Australia; or

(c) a former judge of the Supreme Court of a State or Territory.

8C Subsections 58(6) to (8)

Repeal the subsections, substitute:

Requirements for appointments

(6) Before recommending to the Governor-General on or after the commencement of this subsection that a person be appointed as the Secretary of a Department, the Prime Minister must have regard to a report:

(a) prepared by the Commissioner; and

(b) describing a selection process conducted by the Commissioner for the appointment.

(7) The selection process conducted by the Commissioner must include:

(a) publishing the selection criteria for the appointment; and

(b) widely consulting for candidates (using professional executive-search expertise as appropriate); and

(c) rigorously considering candidates against the selection criteria; and

(d) preparing a ranked shortlist of at least 3 candidates to provide to the Prime Minister.

(8) If under subsection (1) a person is appointed who is not on the shortlist referred to in paragraph (7)(d), the Prime Minister must:

(a) prepare a report naming the person, and giving reasons why the person has the appropriate qualifications, skills and experience to be appointed; and

(b) cause a copy of that report to be tabled in each House of the Parliament within 7 sitting days of that House after the day the person is appointed under subsection (1).