Submission attached
Attached is a Submission to the
Independent Review of the Australian Public Service
ACCESS2 stands ready to provide the review with comprehensive background information
on our submissions should the Review wish to receive it.
Robin Brown
Deputy Chair 0403475580
31 July 2018
Independent Review of the Australian Public Service
ACCESS2 notes the scope of the Review includes:
- driving innovation and productivity in the economy
- delivering high quality policy advice, regulatory oversight, programs and services
-
tackling complex, multi-sectoral challenges in collaboration with the community,
business and citizens - ensuring our domestic, foreign, trade and security interests are coordinated and well
managed
- improving citizens’ experience of government and delivering fair outcomes for them
- acquiring and maintaining the necessary skills and expertise to fulfil its
responsibilities.
This submission is directed particularly at 2, 3 and 5 though it is relevant to 1 and 6.
The special interest of ACCESS2, as its name suggests, is access for ordinary consumers to
effective markets (that is fair and efficient) and access for ordinary citizens to government to
• ensure policy on market regulation and administration of that regulation is in the
consumer and wider public interest rather than the producer interest – effective
citizen participation in public policy formulation, and
• ensure integrity in public administration and general responsiveness to their needs
and wants – a strong “fourth arm’’ of government
Information about ACCESS2 may be found here www.femag.org.au
Citizen Participation in Public Policy Formulation
It might be the case that those who first conceived of the idea of representative democracy
had in mind that when citizens elected their representatives and delegated to them the task
of government they would be happy to leave them to it until the next election. For a very
long time now ways and means for citizens to participate in government decision-making
beyond the ballot box have been developing in Australia and other representative
democracies. In nearly every area of government policy advisory and regulatory bodies
with citizen appointees, public inquiries and public meetings of various kinds are
commonplace.
The problem of course is that some groups of citizens tend to participate more, or are better
able to participate, than others. For many the reason is largely to do with the costs and
benefits of participation. If one’s livelihood or relative wealth as a farmer, doctor, lawyer or
ordinary worker is affected or likely to be affected by a public policy, it makes sense to
participate or to pay to belong to an advocacy organisation which will participate on your
behalf. The public policy formulation process and public administration including regulation
are likely to be influenced to the advantage of, or even captured by, such special interests
through their advocacy organisations. However, getting citizens in general to pay up to
have their interest represented through an advocacy organisation in relation to a particular
policy or regulatory issue as consumers of a good or service or beneficiaries of a clean
environment is much harder. The benefits of participation are often seen to fall well below
the costs. This is largely due to the “collective action problem” (Mancur Olson, 1965). So,
where public policy should reflect a diffuse public or consumer interest, members of the
community at large will, not unreasonably, question why they should devote a lot of time and
energy with everyone else “free riding” on their efforts.
A good example is industry and trade policy. In many countries this policy area has often
been heavily influenced by both major employer and employee groups, at the expense of the
economy and citizens as consumers in general. In Australia this was perhaps at its zenith
during the Menzies years. There has been progress in this area of public policy, but more is
yet to be achieved.
It is important to note that special interest groups range from strong and influential producer
groups to weak producer groups such as perhaps some small business sector groups and
small trade unions. It is also important to note that there are many consumer special
interests. Some of these are able to organise for advocacy and some of these groups have
sufficient strength to have an impact on public policy (examples are some particular health
consumer groups). However, most are weak public policy actors. There are also the weak
special interest voices of people living in disadvantage for whom organising themselves for
advocacy is totally impractical.
A school of public policy thought emerged in the late seventies and eighties that said that the
best thing was for governments to determine the public interest and the needs of special
interests entirely by themselves, isolated from all interest groups. But anyone who has
observed the policy process disinterestedly to any great extent knows that this is quite
impossible. In most areas policy cannot be made without knowledge of the technical and
economic possibilities and practicalities and this can rarely be determined with any accuracy
without consulting the relevant producers or providers of the goods or services in question.
Thus the door is opened and inevitably what policy advisers hear in such consultations is not
entirely objective, factual information unmodified by the interests of the special interest
groups involved.
Of course, many public policy practitioners see themselves as ordinary citizens and quite
able to work out the public or consumer interest and bring the required balance to a policy
decision. This is not easy, though, if the voices of the strong interests are heard more often
and if, as is often the case, they are saying that they have worked out what is best for the
citizenry. It makes it even harder when the voices are heard over complimentary drinks at
the complimentary ballet or rugby match or some similar occasion.
In today’s world the problem is compounded with the trend toward globalisation of public
policy. Members of national delegations to international forums are rather more likely to find
themselves in the aeroplane in business class, or in the bars of the hotels with the lobbyists
of strong special interests than the advocates of weak special interests and of the public or
consumer interest. The latter are exerting some influence outside the barriers around these
forums, but this does not seem to be the way to develop measured public policy. A good
illustration is the recent attempt by USA representatives to prosecute the interests of breast
milk substitute manufacturers at the WHO even to the extent reportedly of threatening
Ecuador and other nations with trade sanctions should they sponsor a proposal on the issue.
In the event Russia sponsored and the proposal succeeded.
The Whitlam government’s Interim Commission on Consumer Standards recommended the
formation and funding of a consumer organisation ‘to provide a national voice for the
consumer movement and facilitate communication with government agencies’. The
government acted on this and provided funding for the establishment of the Australian
Federation of Consumer Organisations (AFCO now called the Consumers’ Federation of
Australia - CFA) in 1974.
Such funding was endorsed by the Coombs Royal Commission into Australian Government
Administration in 1975. It understood the problem of getting the voice of consumers and
other weak and diffuse voices into the policy formulation process. It recommended a
continuing programme for disbursement of funds to appropriate advocacy organisations
Australian governments, of both complexions have provided such funds, but not as
consistently as needed to ensure these voices are heard when they need to be heard. The
Consumers’ Federation of Australia has, for example, failed to regain government funding
since its funding was withdrawn by the Howard Government.
There are, though, three funded specialist consumer organisations: the Consumers’ Health
Forum, the Australian Communications Consumer Action Network, and Energy Consumers
Australia. The first of these is funded from general revenue. The others are funded by
levies on the relevant industries. It was actually the initiative of the then Telecom Australia to
fund ACCAN’s forerunner (the Consumers’ Telecommunications Network). Telecom
Australia’s Ted Benjamin and Dr Terry Cutler understood that telecommunications
policymaking would be the poorer without the consumer interest being independently
researched and advocated.
Also, it has been the case that governments have generally accepted that wherever there
are special producer interest representatives in advisory or regulatory bodies these should
be balanced with public and weak special interest representatives as appropriate. The
value in terms of knowledge and perspectives public and weak special interest
representatives bring is usually recognised with the payment of appropriate fees, but this is
by no means universal. Moreover, it is problematical that producer representatives on such
bodies can call on support from well-resourced producer organisations while public interest
and consumer representatives are often flying solo.
It is noteworthy that in the USA, where substantial funds are available from the many large
private foundations (scarce in Australia and many other countries) observers of the public
policy process nevertheless see the need for public funding of public and weak special
interest and consumer organisations. William Gormley (1991), one such observer, says:
“Without such support, citizens must often choose between passive acquiescence and
hysterical appeals to the mass media for publicity. With government support, citizens can
sharpen their own understanding of complex issues before they make a case to the
bureaucracy. The playing field (between producer and consumer interests) may not be
equalized, but it does become more equal.”
The benefit of seeking out, encouraging and structuring public and weak special interest and
consumer participation in government decision making and properly resourcing it from the
public purse far outweighs the cost.
Examples of public policy contributions resulting from the modest funding of the Consumers’
Federation include:
• Influence on industry assistance and trade policy reform during the eighties
• establishment of the Federal Bureau of Consumer Affairs and appointment of the first
Federal Minister for Consumer Affairs
• significant changes to consumer policy and legislation including class actions and
product liability
• establishment of two specialist consumer bodies with dedicated funding - the
Consumers' Telecommunications Network (now expanded to the Australian
Communications Consumer Action Network) and the Consumers’ Health Forum
• significant developments in micro-economic reform and regulatory policy change
including in the food, pharmaceutical, aviation, telecommunications and financial services
markets
• establishment of industry-based co-regulatory external dispute resolution schemes
initially in banking and insurance
• securing consumer representation on all relevant national policy advising and
regulatory bodies
The federation also participated in all major policy processes including the economic and tax
summits and was represented in the Economic Planning Advisory Council
A particularly important achievement was a landmark win in a court case against the tobacco
industry (AFCO V Tobacco Institute of Australia) on the hazards of passive smoking which
has allowed much subsequent successful litigation against the industry and supported
smoking regulation nationally and internationally.
The Productivity Commission understood the need for an independent well-resourced voice
for the consumer interest and in its report on consumer policy recommended funding of a
consumer policy organisation.
We call on the Review to:
• acknowledge the relative much weaker influence of the consumer and wider
public interest relative to the producer interest in the public policy process,
and
• explore ways of establishing long term resourcing of an independent national
consumer policy organisation.
The “Fourth Arm’’ of Government
Integrity in the administration of government, though not explicitly mentioned in the scope of
the review, is nonetheless implicit in all of them.
Over the past 10 years, judicial, academic and public administration officials have posited
the value of and need for the recognition of a ‘fourth arm’ of government comprised of
independent public agencies whose role it is to:
• provide a window into what the public sector does
• report on how well it is doing its job, and
• provide an assurance to parliaments and the public that what they say is true and
fair.
Commonwealth Agencies of relevance include: the Commonwealth Ombudsman, the Office
of the Information Commissioner, the Public Service Commission and the Auditor General.
The list should include a Commonwealth anti-corruption body; however, no such body
currently exists.
ACCESS2 calls on the Review to have regard to the emerging literature and practice in
recognising integrity agencies and their ‘fourth arm’ status within the Commonwealth Public
Service.
It is our observation that the role accorded to each of the agencies and resources provided
to them show long term decline to the detriment of the governance of the public sector.
We call on the Review to:
• acknowledge the centrality to parliamentary democracy of responsiveness of
government and its agencies to citizens
• affirm the need for strong, independent integrity agencies in securing the
objects of the Review,
• consider and recommend measures to both protect and ensure accountability
of the agencies to the Parliament, and
• explore measures undertaken by State integrity agencies to enhance the
operations of parliamentary democracy through providing avenues for public
participation, ensuring public sector accountability and dealing with increasingly
complex issues of governance.