Canberra’s New Loyalty Test

The Commonwealth Entities Legislation Amendment Bill 2026 gives government ministers total discretion to suspend senior public servants (like department heads and commissioners) for up to 12 months with full pay, simply by claiming it’s in the department’s “best interest,” rather than using clear, objective performance standards (KPIs).

Public servants are already too politicised and will now be too intimidated to offer honest, independent advice out of fear of ministerial retaliation.

The poor legal phrasing in the bill, specifically the phrase “The minister may give a direction in writing,” leaves loopholes and creates potential for legal abuse.

The Albanese Labor government promised an open and transparent government, yet this legislation will further entrench cover-ups, hide accountability, and abuse ministerial control.

One Nation opposed this bill.

Australians deserve better!

— March | Senate Speech

Transcript

Senator Roberts: Four years of cost overruns, four years of secret government, four years of slackness, four years of another managed decline of Australia. There has been misappropriation of money and they’ve done nothing—just covered it up. Transparency was the promise; cover-up is the actuality. Why? Now, as the solution, we see the Labor Party bringing in potential abuse of ministerial powers with an opportunity, if the Commonwealth Entities Legislation Amendment Bill 2026 is passed, to have possible control over the department heads, commissioners and others in senior positions without transparency or accountability. The performance standard under this legislation is not a discretionary instrument with specific grounds for dismissal against standard criteria—that is, KPIs. That’s not the case. With this bill, it’s purely at the discretion of the minister.  

We already have a Public Service that’s been highly politicised. We are now entrenching that and giving the public servants more to fear from ministers if they don’t do what they’re told. Under the ‘uniparty’ ministers, department heads no longer give frank and fearless independent advice. That hasn’t been the case for decades because department heads and senior public servants are now part of the political process. They’re enmeshed in the process. They cannot give frank and fearless advice. Do you want any examples? Have a look at the energy systems in this country, where they’re destroying the best electricity grid in the world and making it second rate, taking us from the lowest electricity prices in the world to now the highest in the world.  

The legislation—I think this appears four times in the legislation—says, ‘The minister may give a direction in writing.’ It does not say the minister may give a direction that must be in writing. Lawyers, as we know, have lots of incentives to argue about a word such as ‘may’. At best, this is sloppy. It’s just not good enough. If a minister suspends a senior public servant, they’re suspended on full pay, which may be extended to 12 months suspension. The minister doesn’t have to give specific reasons; they just need to say it’s in the department’s best interests—that’s it. It’s 12 months paid suspension because it’s in the department’s best interests. This means that the minister can hold a threat over Public Service heads, giving them control over department heads, complete control, creating a poor system that destroys accountability and transparency—two words that are vital for effective governance. But in this Labor government, under Anthony Albanese, accountability is hidden. It’s not possible, and transparency is non-existent. 

If governments want to be good governments, they should want transparency and accountability, because it makes them stronger. I know with Senator Pauline Hanson we are all held accountable and we have to be transparent, because we want to be, but if we weren’t she would make sure we are. The same can’t be said about the Albanese Labor government. So I am in two minds about this bill. It has severe shortcomings due to sloppiness. I think that’s all I need to say.