The public servants in the Canberra bureaucracy are meant to be impartial. Being impartial would mean they only comment on their ability to carry out laws, not whether they agree with policies ideologically. What we see again and again is that the bureaucrats are not impartial. They make submissions that support the woke policies of the Canberra elite, like net-zero.

I asked the Australian Public Service Commission (APSC), who are meant to be the enforcers of the code of impartiality, about one particularly bad example where an agency endorsed the government’s net-zero ideas. Their response? “Well that’s just your opinion.”

The Canberra public service and their referee are so out of touch with everyday Australians that they can’t even comprehend the question. It’s easy to see why Canberra was the only state or territory in all of Australia to vote Yes on the Voice.

Transcript

CHAIR: Senator Roberts.

Senator ROBERTS: Thank you for appearing again. The Australian Public Service works under or in accord with the code of conduct. Is that correct?

Dr de Brouwer: Yes.

Senator ROBERTS: How does that work in practice? I know that is a broad question.

Ms Talbot: As we alluded to earlier in our evidence, we have the APS Code of Conduct, and that sets out the standards and, I guess, the expectations on all public servants. In particular, the Public Service Act is quite clear around articulating what the APS values are and how they apply to all public servants. I can go into more detail around the code of conduct requirements if you wish.

Senator ROBERTS: Basically, the code drives behaviour or indicates the behaviour or values that are appropriate.

Ms Talbot: It sets out what the appropriate behaviours are, what the appropriate expected standards of conduct are, and it does outline the APS values and goes into some detail about those values.

Senator ROBERTS: So it is broad not specific because it doesn’t apply to just one department or one agency? It’s very broad.

Ms Talbot: It applies to everyone, but sitting underneath that there is quite a detailed document, and in particular sitting under the Public Service Act there are also commissioner’s directions, which go into more detail as well around how everything actually applies.

Senator ROBERTS: Can you elaborate on the Australian Public Service value of impartiality, specifically how the Public Service should be interpreting it practically in making submissions to inquiries?

Ms Talbot: Is there some specific inquiry?

Senator ROBERTS: My concern is that it seems some agencies aren’t being fully impartial in making submissions, especially in the area of climate policy, for example. This is dangerous because it leads to group think. My interpretation of the value of impartiality is that if an agency or department is making a submission on, for example, a law change, that submission should be limited to the agency’s ability to carry out the policy change. That might mean resource considerations and practical issues of whether they can enforce a policy. Is that what you would be expecting in a submission that meets those values of impartiality, rather than making a submission in favour of or against a policy on the basis of political aspects?

Ms Talbot: What I can say is that the guidance around impartiality is reminding public servants that in conducting their duties they are to be apolitical and they are obviously not to be biased in the way in which they conduct their duties. I think you’re asking me more for an opinion around a particular instance that you have in mind.

Senator ROBERTS: I’m concerned about several instances. It seems we have some agencies and departments making submissions that endorse the policies being put forward from an ideological standpoint, not only commenting on the practicalities of implementing the policy for that agency or department, as I said. For example, the Australian Energy Regulator made a submission to the national energy laws amendment bill. In that submission they endorsed the net zero policy setting of the government and said they support it, which doesn’t seem to be impartial. Shouldn’t they only be commenting on their ability to implement the changes, not endorsing the policy driving the changes?

Dr de Brouwer: The requirement of impartiality, as Ms Talbot outlined, is that the APS is apolitical. But it also provides advice—and I will quote from section 10(5) of the act—’that is frank, honest, timely and based on the best available evidence’. This is within the CER’s view of what is the best available evidence, what is coherent with that and what is required to achieve that.

Senator ROBERTS: So they would be informed by scientific evidence, would they?

Dr de Brouwer: That is what I think the CER will say. You should ask them.

Senator ROBERTS: You are smiling.

Dr de Brouwer: We used to deal with this in estimates 10 years ago.

Senator ROBERTS: Net zero policy is within climate policy. That’s subject to a lot of contention in the public, so supporting that would seem to me not to be upholding impartiality, especially when there have been no logical scientific points, including empirical scientific evidence, to back up net zero anyway in the world. They failed the science test, so surely they are acting partially?

Dr de Brouwer: I think that is your view, Senator Roberts, and it is up to that authority to explain how it views the evidence and provide the explanation to you of why it’s acting impartially.

Senator ROBERTS: Thank you very much.