RE.. Decision by Steve
Sedgwick that Agency Heads and
Department Heads no longer are responsible or need to comply with the APS Code
of Conduct.
Inquiries to
steve.sedgwick@apsc.gov.au
karin.fisher@apsc.gov.au
0262023846
After careful consideration and consultation
with the Management Advisory Committee and according to the relevant
legislation, the Australian Public Service Commissioner Steve Sedgwick has made
a landmark decision that Agency and Department
Heads are no longer responsible and accountable for the breaches of the
Code of Conduct in their Government
Agencies. Also, the Commissioner has found that Agency Heads or
Department Heads no longer are bound to
uphold a high ethical standard.
If, according to the APS Act the Agency or
Department Heads is no longer accountable or responsible for upholding the code
of conduct, all employees under this act
are also not required to comply
with the Code of conduct.
This decision will have far
reaching ramifications and impact on how Agency Heads view their
responsibilities and duties.
This decision by Steve Sedgwick would also have an impact on the Financial Management and Accountability
Act for which Senator Penny Wong is responsible.
In the financial year
2010-2011 the Commissioner made 32 similar decisions. These are briefly
mentioned in the Australian Public Service
Annual Report though there
appears no real indication on the
process of how this was reached. A request under FOI has been launched to
determine how this decision was made.
All matters of breach of Code
of Conduct in the judicial system and the
APS tribunal should refer to this decision and the Legal profession should make a
careful note of it
It is also unclear whether
the Prime Minister and the Public Service and Integrity Minister , Gary
Gray were consulted in this decision.
It can only be assumed this
decision has been made to streamline the Australian Public Service Act.
The removal of this section
of the Act and the responsibility it carries can only be beneficial to the budgets of Commonwealth
Government Agencies.
It would appear from the
Commissioners decision Agency and
Department Heads are no longer required to comply with “ Any Australian Law” as in S13(4) of the
Code of Conduct . Section 44 of the FM&A
Act would no longer require
compliance with any Australian Law.
FINANCIAL
MANAGEMENT AND ACCOUNTABILITY ACT 1997 - SECT 44
Promoting proper use etc. of Commonwealth
resources
(1) A Chief
Executive must manage the affairs of
the Agency in a way that promotes proper
use of the Commonwealth resources for which
the Chief
Executive is responsible.
Note:
A Chief
Executive has the power to enter into
contracts, on behalf of the Commonwealth, in relation to the affairs of
the Agency. Some Chief
Executives have delegated this power undersection 53.
(2) In doing so, the Chief
Executive must comply with
this Act, the regulations, Finance Minister's Orders, Special Instructions and ANY OTHER LAW.
Steve Sedgwick was given extensive evidence of
the behavior at the Insolvency Trustee
Service Australia for which Veronique
Ingram is responsible.
Evidence was given to the APS
Commissioner of systemic corrupt corrupt conduct
by senior management in this Government department .It was also brought
to the attention of the commissioner that Mark Findlay ( Manager Bankruptcy
Regulations) wrote a misleading report which was circulated to Government
officials on the conduct of Florence Choo, who at the time was deputy Official
receiver NSW and Act. It was latter revealed that Mark Findlay had been fucking
her. Steve Sedgwick concluded he did not
consider this to be a conflict of interest or a breach of honesty. He also
found that the Agency Head could not be
held accountable for senior
Management misleading the public.
All Australian Laws and policies will now have to be updated to
make exemptions for Agency and
department Heads.
The Commissioner found in particular that the Acting Commonwealth Ombudsman Alison Larkins
had no primfacea case to answer by doing deals with other government Agencies
to cover up misconduct. It is also unclear who instructed Alison Larkins to do
this and whether the Prime Minister and the Attorney General have been
involved.
PUBLIC SERVICE ACT 1999 - SECT 13
The APS Code of Conduct
(3) An APS
employee, when acting in the course of APS
employment, must treat everyone with respect and
courtesy, and without harassment.
(4) An APS
employee, when acting in the course of APS
employment, must comply with all applicable
Australian laws. For this purpose, Australian law means:
(a) any Act (including this Act), or any instrument made under an Act; or
(b) any law of a State or Territory, including any instrument made under
such a law.
(5) An APS
employee must comply with any lawful and
reasonable direction given by someone in the employee's Agency who has authority to give the direction.
(6) An APS
employee must maintain appropriate
confidentiality about dealings that the employee has with any Minister or
Minister's member of staff.
(7) An APS
employee must disclose, and take reasonable
steps to avoid, any conflict of interest (real or apparent) in connection
with APS
employment.
(9) An APS
employee must not provide false or misleading
information in response to a request for information that is made for official
purposes in connection with the employee's APS
employment.
(a) inside information; or
(b) the employee's duties, status, power or authority;
in order to gain, or seek to gain, a benefit or advantage
for the employee or for any other person.
(11) An APS
employee must at all times behave in a way
that upholds the APS
Values and the integrity and good reputation
of the APS.
(12) An APS
employee on duty overseas must at all times behave in a way that upholds the
good reputation of Australia.
(13) An APS
employee must comply with any other conduct
requirement that is prescribed by the regulations.
Steve Sedgwick determined that Agency heads
are no longer required to act honestly or with integrity as in S13(1)
**
The commissioner has found it is no longer necessary or
required to act with care and diligence in the course of APS employment as
required in S13(2)
** The Commissioner found that it is no
longer necessary for Agency Heads to
comply with any Australian Law. He found this in particular for Veronique
Ingram Inspector General Insolvency Trustee Service Australia and the
Commonwealth Ombudsman Acting Agency Head Alison Larkins
(4) An APS
employee, when acting in the course of APS
employment, must comply with all applicable Australian laws. For this
purpose, Australian law means:
(a) any Act (including this Act), or any instrument made under an Act; or
(b) any law of a State or Territory, including any instrument made under
such a law.
In General
Steve Sedgwick concluded The Insolvency Trustee Service Australia and
the Commonwealth Ombudsman had no obligation to comply with the relevant Laws
they are responsible for
(7) An APS
employee must disclose, and
take reasonable steps to avoid, any conflict of interest (real or apparent) in
connection with APS
employment.
Mr Sedgwick was
made aware that Mark Findlay
Fucking the Deputy OR NSW and ACT and then writing a misleading report to
protect her was also reasonable and not a breach of the Code of Conduct S13(7)
The commissioner found that S13(7) was no longer necessary and therefore
APS employees did not comply with this section. He found that Mark Findlay
Manager Bankruptcy Relations did not have a conflict of interest when he wrote
a misleading report on a complaint of
misconduct by Florence Choo, Deputy Official Receiver NSW and Act. Steve
Sedgwick failed to find it a conflict
of interest that Mark Findlay had been fucking her.
(9) An APS
employee must not provide
false or misleading information in response to a request for information that
is made for official purposes in connection with the employee's APS
Steve Sedgwick found
it is entirely reasonable for the principal Legal Officer of a Department to
write a misleading report to the then Prime Minister Kevin Rudd. The
commissioner felt that exposing
misconduct in a Government Agency would
not be looked favorably by the Government, so taking this into consideration
this was reasonable.
The Commissioner has also concluded that
there is no right of review of this decision under the Australian Public
Service Act, however, on a question of Law it may be possible to have this important decision reviewed in the Federal Magistrates Court.
The following websites for the Federal Magistrates Court and the Magistrates Court
may be accessed at www.fedcourt.gov.au
and www.fmc.gov.au
It is unclear how this decision was
reached by Steven Sedgwick, Australian Public Service Commissioner, as he has
failed to reply to requests
on how he could reach such a flawed
assumption. It appears that the Commissioner may be suffering from delusions
and requires urgent medical intervention to correct an underlying condition.
For further information all inquiries should be forwarded :
Steve
Tomlin
Client Engagement
Australian Public Service Commission
16 Furzer Street
Phillip ACT 2606
Client Engagement
Australian Public Service Commission
16 Furzer Street
Phillip ACT 2606
Tel: (02) 6202 3526
Fax: (02) 6264 5153
Fax: (02) 6264 5153
Email: steve.tomlin@apsc.gov.au
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