PUBLIC SERVICE BILL
Soco) nd Reading spoech by ~ oPrii-, o iiinistor ( Mr. 1.1, nzics)
House of Roproso-nt. a tivos
Tursay., 12bh1960
Thu, : Lain purpcwse, this 3i11 is to : i a0nd thorccruitae-,
nt r-nd appojinta.-ont proviLsions o) f tthe Public 3Service
ct follo. iing the Governme-nt's co) nsidratio-n of theto or of
thoe Corittoo, of Inquiry intu Public Service-Rocruit* aeInt.
Tle ovoan . of' a Public 6So rvice-; f t1: e h-ighest
quality and into , rity is a-first e; ssential-of v'ood -Overi~ iont;
Cand tho-quality ofL: the I2ublic Service itsjlf is closely re la-ted
to thei stand'a1rds jstablished fo.: r recruitiaa-nt. It fo) llows
thcroforc that it is prudent to keop standards of -racl~ uiti:: eont
undo.;? r eviow. Tic rocruiti--ant provisions Df thc P-ubli-* c Survicoe Act
ha,-' ve rol~ ltinod substantially unaltoered since the Acxt i~ as first
passed in 1922, The,. , eo. vcrionnt roadily agedtaar.-forc withi
a rcoi. ae.-ondat ior thr-2u. lhlic 3rv!. icc Boa,-rdL that aCo itc
of Inquiry ' Wdbc appointod to ; inquiro into a--nd rep. ort upon
rccruitrr'L V10thods w'ithi thic obje ct or iipr: ovinrg the qluality
of rool'uits-This Co; n. rittc consisted of~
Sir Richiard 3oyor, Chairr-. an, AUstra: lian 3roa): de . stinEg
Co-..., iiss i. n
Profe~ ssor Hy. tan, forrior Vico-Chancellor tii
Univo: rsity T. 7svnia.
Dr. Radfo,, rJ, D-* r-cto,. r of tho-.' ustralian Co--unicil
for Educa--tioLnal ieosc , rch
Mr. R. S. Parke: r,. Roador in Public Adiistration,
A'ustralian NH:., tio) nal University
1, r. F. J. Je-bb, Conr-, iissionor of thec Coriiomnwelth
Conciliation and 11rbitratio1n Corm-i ssi n
Tori-is of re ference:
Th-i tjrn-s ofœ cencf thoi Co)-jitte wii..
" To inquiro) into-and re-po-rt to the Priine Ministe; r on tho
rocruitiLent procosses and standards I-f ti-ic Public
Service) and ' L-joe reconne-d--indatio-ns fo-r any changes
wh-ich, in tho o) pini.: n t-. f the Coiittoo, 2re necessary
to ensure thiat re3cruit.-. ont is soundly based to uet
present and future neejds and efficiency o-f tho, Iublic
Service2 at al lvis"
1 should sa,. y at thec outse t that tho Gove)-, ricmt is
indeb-ted-to the--Bayer Coxoittoo for its com1--prehe-1nsive, and
thoroughn review oif the re-cruit problon---within the Public
Service-. Ti-c Co;-i: ittee, Ymade a1 nw-du. 1c-nf. re,-c-1-1i-endations which
wiore intere-, sting, challonging = nd cjnst)~ i-i~ j~ r.-, tho
r-. port is a vo luablo cortributi-n to", the currani anCL. * Ut6U. L
davelopmant o-f theo althi arinistra)-tion, In .*-any
respects Jso it will be, continuing docment of reference,
It is f-, onral conclusion of the Boyor Comm'i t tee,
that tho -Public Service is not obtaining sufficient re--cruits
of theo right quality to % e) t its gre! atly expanded tasks a-nd
thtat the Se-, rvice. is to-o tighitly closed a:-. Ainst rocrui. Kuent
froi, outsido to) positions at inte rimediate an': senior wrork-
Lvels. In a-ddition, the Csmiritteesugsts that policies in
espect o) f organisation staff dovclopmont should .) nsur,,
) ht theo be) st uso i-s n.-adc talent avaiabe
The rec,: rcendaLtions of the Cormtittoo, bout 70 in
all, have bee-n exmne . ost, carofuliy. Many themi have
b-mcn accepted by -120 Governme: nt, and of these, So1me 0.11
iflcrporatod in Bill before the House : 2nd the : e-aaindor
. ill~ put into e-ffect ad'i: trativoly. in ot-icr o~ s the
Governme*' nt encrc~ the -objoctiJves z-> tby the .0, yOr
Corinittxc but preferls to : achie-vc the-se or'-, i , c by !, Oafls
diffe-rent fror: thos, suggested, by the Comittee'. in. ff ew
cases the_ Gove-rnTre-n-6. -as unable to a-ccept the ro col--, : oc~ at ions
-of the-Boyer : uttewhilist in other cases, for c: rplthe
emlyetof m-. arried: wome,. n, the im.. plicati. ons if theo
recommendations are so far reaching that mch further study
of theim-is rouirod before a final decision is taken by the
Goveornmelnt. I do not propose to develop a full analysis of the
ii. plications of 11 the recomm. 1e ndaticins Of the Boy.: r Comm-. ittee,
in the course of tis Lpechcn but I shall sny a. few wo-rds
about some. i ofth.
Ro-castinF' of rccruit...... prvsons o-f the Puli_____ c ict
There Jcs 3. nua-ber of difficultios associa--tud with
the aanhntof the e--xistings provisions o: f the A* ct in order
to achie-vc the objectives of t'Le CoDuri ttooes re-port for-, clear
. nd flexible) re cruit-1eint ia chine ry. It hnas beon decided
tL-iroforo to re-c-ast completely Division 4+ of Part Three of
theo Public Serivice A'ct rhl~ ich deals with recruitme~ nt and
appointmeont. T'r~ IS, nevertheless, no departure in the nowr
pr~ visions from) the broad principlos on whiich the present
leg-' islatJCion is founded.
AppoiAnti-ent to thenu rublic Servico will rjm:. ain in the
hiands of thao Public Service ' oard _ ts an independeontuhrt
and within the principle open com-_ petition. The 3oye2r
Comm-,_ ittee in endorsing thnis principle hnas re_-co-. nisedC that a
statemeont o" f it -in lce.: islat ion wo) uld' need to be qualified bya
number of impo,) Irtant exce-pti ) ns. The Gove rnme--int theire fore
propose: s to-co,, ntinue to apply the principle o f open
cormptition , tithL-out h-ving it ex-pressed forimally in the A'ct.
The stand ' rds for a,. ppointment will-bo sot by thec
Boaird fromi-time. to timei and notified in the) CoieKm'on*, alth-
Gazete. The Public Service Be,-rd will rotain auth-ority to
c.-nduct its own exam-ina-tions or to) use the standa7r.-s of
education authorities and prsiv. ision will be retcined for
proi-o: tion within theo Ser~ vice so that theo most junior -officers
will have hc T. htole field of thei Public Serivice Don tothm
provided they aire a-ble to-met the standards wh1[ ich aeset for
promotion withiin a Division _ r adva-nceme_ nt from-_ one Di; v-s ion
to anothejr. There will be a-firm mniu standard for
appointmecnt to the Third Division of thne Service abo) ut whnich I
sh'all speak pre sently. it is intended that theire will be two
general levels foDr recruit> eont * to1-thei F-. urth Division,-). These,
-vill be at eleme-, ntary a-nd itro: testandaLrd eductiL'onral
level. idith-in the: Secoind, Third and Fo'-urthq Divisions of the
Service appointiments will now be poJssible, not only to)
specific positionms within a Divisio-n, but a-lso generally
withiin a. Division.
0664 3.
Tho bnsin roquira: mnts O~ r npp~ intncnt to tho
Coi--:ñ., nwoalt'a Sorvics undir tho existing Act ara. thiat tAhie
applicant isz
a 3ritish subject;
rmudically hias n. ado a~ nd subscribed an Oath or Affir~ wati ; n
They arc retained in the now lo jisltion.
Additionally it is nocossary to ] aoa it clear * chit the
Board may roject a candidnto who bacauso if cL: racter,
including police record, etc., or for ' othier josd re:' soui is
not considered to be suitable for ndnissijn to the Public
Service. The Woard, in ti1o past, hias boon ; Torting on the
assumption thiat it hias the ordinary rilits of an amployer to
decide whiethAor a candidate for : vpp.) int1Lent mow; ts the
standard of cheractor and into ' rity w; hich is clearly
assential. But thiarc is soma doubt nbout this and thiewefore
there is included in Clause 11 if the Bill Section 34~( c) of
the now A. ct, a privision to anable the Woard to be satisfied
that a candidate for ippaintiuent is n fit and proper person to
be an officer of thecimnw; t. Service.
Th2-G: v -= nment has adopted the .3ywr Comittoe
re c-z-iie-, ndation that the heaving Crtificate standvr? stould
be the firm minimum roq'oirorlcnt for entry to the Third
Division if the Public Sarvica. This is a most inportant
roco-Trendati~ n. Entry to the Third Division in this context
includos Leaving Certificate entry, appointment of sxservicemen
whao uere provl ously oligible for app:. int~ oont at
about Intarmediate Cetificate ! o. val, and also transfers from--
the Fourth to thc Third Division, which is Sons by internal
exanima tion. it wu'uld be difficult to bring dmlo,., islation
owing to the need to take 2c count if tHe variation in
educational standards as oKt-reen ths States, Hence tho
Government fools that it wrould be preferable fir the Public
Service Board to give effect t this reciomriation by
administrative action. The lasisl~ ti rn thox-fore loaves it
to the Woard to ' i. terino the standards of ontry, but it is
the clear intention that anf ' cxamination at the love! and
standard of the Now Si; uth qales Leaving Crtificate will be
the firD!:~ nPu7 standard fo) r entry to the Third Division of
the Service, with equivalent examinations in other States
for example, the Senior Vublic in quoonslanG.
This t-iinir. un standard will apply both on first
appointment to the Third Division and on transfor from the
Fo. urth to the Third Division, alth ) u: h the latter " ay need to
be put into affact woe a period.
Gj'adute recuim-pnt:
The Wor C'miit a as Palo recommendations which
are designed to facilitcto; recruitment ' of univoysity
Iraduztos Moh have had w~ rk experience outside the ? ublic
Service as well as gradua Les fresh fro the universities.
The Connittee has also reco ~ nisad the need for parsons,
4.
whther they o. re ; r-adutts nt, with part! cular qualificatins
and oxpcrionco to : ioo spcial loods both in
individual pujsitions and spocialisocd e-plDyient catogories.
Tho Govriient supports these objectives and provision is
doe in the le?; islati-) n to ;: ive effect to thai::,
Entry at university , raduate level will be freely
used for recruitmeant Df professi) nal : or technical officers,
but the existing ten per cot liit will be retained fr
recruitent of graduate,. s to -) ther pests in the Second and
Third Divisions if the servicQ
It is prpsesd to : o tain the-pir ovisions of the
Principal Act which per-i-it the icard to r. ake app-intme-Onts
free. outside the Co: 1jE: nweolt[ Service, subject to certain
sfeguards and to the istablished selection proceduro; s
: 1owefvr, the now Section 38, rhich re-enacts the eld Section
47, will be lii-ited in the future to the appoint--Int of
persons of exceptinal bility and experience.
A now -30ction 37 will be used fr-m'st of the
appo) intmeionts o) f persons with professio) nal and spcialist
qualificatins. Under bothl these Sections the rights of
officers , ill be Drotocted.
Criteria for] 2ro-.-Ltion:
The 3ayor Commnittee rc-co1.: : e-nded that seniority as a
criterion f-r promoT.-,. tion should be droDpped entirely froji, the
Public Service ct and [, egulatic. ons,
I wo) uld like) t m-ake it plain that we are on corir'. on
rcund with the Comittee that seniority should nut be the
solo, or even tho principal, basis for prom'iotiojn in
ad, inistrative and senior clerical pests within the-
Commi. onwecalth Public So*-vico. The Public Service A: ct
proscribes that the criterion for roYjtion in the Second and
Third Divisions of the Service is kfficiency It is only in
a case of equality of me* rit that snio) rity is app. iod.
In -xami, n in-this suggeost-ion, the Governme. ont was
ir; prossdl withi the fact that the 3oyor C-1ittee s
recOIujendations i-; ul ci extend net only to th-e Second an,-d Third
Divisions of the Servic, but lso to the Fourth Division,
which com; prises appro) ximately 66,000 o) fficers, and wurhich
covers a groat variety of i. ployi~ nt including, skilled,
sem-. i-skilled and unskilled . oerati-ons, typing staff, eerlaZ
ffice assistnts, m-. inor clerical workrs, nd so on. The
application of a pure efficiency test thughout the Fourth
Divi-kn would present very i ald pori-ILyp6 JArslporablo,
difficulties. The Gove: n.ñ eL-,. nt is not convinced thaL thoi ; re) is
a need to depart from the existing, pro., visions and pr-ceduros.
In the G-, vci-.,: nt's view tlceoroj ust be a continuing
quest fo> r oerffaitceire ncy and the m! ost efficient officers
should-be prferred fir promiot ion. The 3ill providos, in
Clause 13, for an extensin nd a mre flexible application
of the principle thlat in considering o) fficers fo) r prormlotion
uC certain positi ons, re-ard is be had to qualifica-tions
and aptitude to) pf.:. rm . iuties ) f igher positions.
Em -l'oymonft mridwome! in and! Dh-Lsically had gc. p Rcipeso
Thero arc tw-o i:: prtanb rin> onclatins ) f the
Boyor Co:-xit teeo on whiich the Gov: ni'. nt ihas not yet rcheild
decisions. These re the em,, ployme: nt of Korried women and the
iicl standards for ; ntry ) f ) Iysic-11ly haicapped prs ns.
The Public Service _ ct at present requires women
members of the permanent Service to retire on marri. ge The
Boyer Committee has recommended the repeal of this provision
and an interdepartmental comm Uee is examining the
implications of the proposal,, The Government will consider
the problem carefully as soon as this Sork is completed.
As to the proposed relaxation of medical standards
for the . ppointment of physically handicapped persons, it
should be remembered that the Government and the Public Servicc
Board are mindful of their resp! onsf. bilities in the employment
of the physically handicapped nd 0a eat deal is being done
to provide employment in the Cnnion'Death Service for such
people including those who are no longer physically fit to
carry out their previous dutie's,
fhile the problemis of thr -nh-) rficl 1 hrandicapped
merit and do receive the Govurnment'S sympathetic consid ration
there are difficult prob ems of definition as well as the need
to maintain , n overall standard of medical fitness in a
career Service. The Public Scrvice 3o_ rd has established a
separate committee, including imedical authorities, to examine
this question and the conclusions of this group will be
considored by the Government
ppointment of Permanent Heads:
œ he Committoo has recomrinnded that Section 54 of the
Public Sorvice ct be ca. mended so that the Public Service i3oard
would be required to make a recomrnondaton to the Governor-
General on all appointments as Permanent Head of a Department,
and so that if the Governor-General appoints a person other
than the person recommonded by thle 3oerd, the roasons for the
rejection of the Board's recommndation should be reported to
the Parliamnent. It has been mPy consistent practi. ce as Prime
iinistor, as I understand i was the pri ctice of my
predecessor, iir. Chifloy, Lc consult with the Chairman of the
Public Service Board rhen appointments to positions of
Permanent Hoad are required. This I regard as a most desirable
practice, and one which I would therefore hope will be
continued by all future Governments. The Government has not,
however, thought it desirable to mnd the present section of
the Act in the way recommnded by the Boyer Committoo.
nRo-shapjitnhn e Second Division:
The Second Division of the Soevice includes officors
who are required to .: eorcise oxocutive : nd professional
functions in the more important positions. The iBoyor
Committo& rocommends that the definition of this Division
should be amonded to road " administrative or executive functiors
and officers in training to exLrcise such functions". The
object of the recommrondation is to improve the efficiency of
the service by a clearer definition of the " administrative
career", which. the Committoo belioves can be achieved with the
least dislocation by a : odification of the Second Division.
3asically, the Soya:: Comittco sccks a distinction
betwoen those positions which have an i-porant policy advising
element and those whic-have not; and therefore positions of
a purely managerial or professional character, containing no
policy advising clamoeat; s, would renmain in the Third Division.
The Second Division vould include al' positions with an
important policy-advising elor: nttogethur with intermodiate
positions that night õ orm part of an administrative career,
and below theom a trairing grad. with positions suitablo for
administrative torainiag.
C
6.
The 3oyor Committoee was concerned that snior
officers in the Service . are too immersed in routine work and
do not got " time for thinking" and in making its recommondation
it had the very laudable objective of attracting and making
the best use of officers with creative ability, and of
encouraging self-improv) eront.
The Government supports the objective of the Boyer
Cormittoe. It fooeels, however, that the methods by which the
Boyor Committoo sought to 3chieve this objective, namely the
creation of an administrative civil service along the lines of
the United Kingdom, would not be suitable in the present
circumstances of the australian civil service. Th3 Government
feeools that the future requirements in staffing the Second
Division of the Service can be achieved by more flexible
recruitment provisions and the continuance of advanced
training programmes, assistance to officers taking university
courses, use of external training facilities such : s the
iustralian . dministrztive Stff Collogo, use of the A'ustralian
universities and overseas institutions for advanced specialist
study, and other r. methods. This is the present approach by the
Public Service Board and it will be intensified from time to
time as the demands of the public Service increase.
It will be clear to honourable members that the
availability of an adequate number of people, trained and
expert in functions of policy advising and policy adieinistration,
is so important that recruitnunt methods, including
the composition of the Second and Third Divisions of the
Service should be kept constantly under revie. i and the Public
eorvice Board has beeon asked to ensure that this is done.
Preference to Ex-servicomon:
Since the First orld Tar, ox-servicron have
enjoyed the following concessions:-
Proforonco in appointnment over other candidates
Eligibility for appointment up to ag 51 yoars.
Lower medical standards where the mdical condition
results from war service
Reduced oducational standards in particular, the
acceptance of a qualification of Intermediate
oxamination standard for appointnont to the Third
Division.
In the view of the Boyer Con. iittec, the efficiency
of the Service will be imiproved if rmininmur aducational
standards for appointment are fixed and appliod evenly at the
various levels of recruitr. ent. The legislation provides
therefore that ex-scrvicunin will continue to receive
preference in appointment as against other candidates Aiho are
not ex-servicwen only whor-c thor. is equality in qualificatiors
They will retain ] i gibility for appointmeont up to
age 51 and receive tlhe sime concessions as to medical
standards as exist at present. Howver, they will be
required in other respects to qualify for appointreient at the
same standard c. nd und,' r u
candidatos. Clause 35 of the Bill makos an exception in
favour of ex-serviceeaon who have attained the minimum.
qualifications for appointnent which have pruviously appli. ed
and who a-. re applicants for ii. mppeoOindtniaen-t oly before the
date on which the new provisions of Division 4 of Part Three
come into opertiln. nich wwxi-l-l s. rcrivmiacienm ne ligible
for appointwyni by virtue of their existing qualifications.
Opportunity Las bien taken to include other
7.
amendments whichhave boon found to be necessary for the
effective administration of the Public Service. One such
amendment gives the Board authority to determine conditions of
service for the increasingly complex section of the Public
Service on duty overseas, where conditions vary from post to
post. I conclude my remarks by saying that in Australia we
are fortunate to have a Public Service of great integrity,
which is efficient and dedicated to its task of facilitating
good government. It is certainly no reflection on the
Service that the objective of the Bill before the House is to
provide machinery for attracting more good recruits to the
Service. I pointed out at the beginning of my speech that the
establishment of proper standards of recruitment to the
Service is essential to the development of a Public Service
of the highest quality and integrity and is a first essential
of good government. I conclud6 on this note and I conim ond
the Bill to the House.
1 1. A