❓ A WA parliamentary question seeks clarification on Public Sector Standards following a newspaper article referencing a public servant's inability to comment due to these standards. The questions cover the specific text, penalties, compliance reasons, and enforcement responsibilities related to the standards.
AnsweredQoN 870Legislative Council
QuestionView source ↗
I refer to a letter to the editor which appeared on page 7 in the
Kalgoorlie Miner
Newspaper Friday, August 9 2002 which was reported as being written by Mr Jim Limerick, Director General, Department of Minerals and Petroleum Resources -
(1) Can Minister for State Development or the Director General specifically quote the specific text of the ‘Public Sector Standards’ had the public servant made comment to the journalist given that it has been reported in the newspaper in part stating ‘Notwithstanding this, your journalist sought comment from … under circumstances where she was not able to defend herself without breaching Public Sector Standards.’?
(2) If no to (2), why not?
(3) Can the Minister or the Director General specifically state what is the penalty for breaching ‘Public Sector Standards’?
(4) If no to (3), why not?
(5) Can the Minister or the Director General state why do public servants within the department or Ministers office need to comply with the ‘Public Sector Standards’?
(6) If no to (5), why not?
(7) Can the Minister or the Director General specifically state who is responsible for enforcing and investigating breaches of the ‘Public Sector Standards’?
(8) If no to (7), why not?
Kalgoorlie Miner
Newspaper Friday, August 9 2002 which was reported as being written by Mr Jim Limerick, Director General, Department of Minerals and Petroleum Resources -
(1) Can Minister for State Development or the Director General specifically quote the specific text of the ‘Public Sector Standards’ had the public servant made comment to the journalist given that it has been reported in the newspaper in part stating ‘Notwithstanding this, your journalist sought comment from … under circumstances where she was not able to defend herself without breaching Public Sector Standards.’?
(2) If no to (2), why not?
(3) Can the Minister or the Director General specifically state what is the penalty for breaching ‘Public Sector Standards’?
(4) If no to (3), why not?
(5) Can the Minister or the Director General state why do public servants within the department or Ministers office need to comply with the ‘Public Sector Standards’?
(6) If no to (5), why not?
(7) Can the Minister or the Director General specifically state who is responsible for enforcing and investigating breaches of the ‘Public Sector Standards’?
(8) If no to (7), why not?
AnswerView source ↗
Answered
19 August 2003
Responded by
Parliamentary Secretary representing the Minister for State Development
Response time
67 days
1. Under Public Sector Management Administrative Instruction 728, issued by the Department of the Premier and Cabinet, public servants ‘…should avoid making any comment which could undermine public confidence or disrupt the everyday administration of either the Public Service or the Government of the day. To this end, they should: · Not give their personal views on matters of government policy or administration, or on advice made to government. · Not speculate on future policy directions · Not publicly criticise any political party, its actions or its policies, and · Not prolong discussion or debate on an issue once a decision has been made, or a policy adopted.’ In addition, Regulation 8 of the Public Service Act 1978 Regulations still in force provides that an officer shall not publicly comment, either orally or in writing, on any administrative action, or upon the administration of any Department or organisation. 2. Not applicable. 3. In general terms and taking into account all relevant information and the nature of the breach, disciplinary action which can be taken against an officer breaching Public Sector Standards can include counselling, written warnings, loss of pay, demotion or dismissal. 4. Not applicable. 5. For the efficient and consistent management of the State Public Sector. 6. Not applicable. 7. As appropriate, the Director General of the relevant department, and/or his nominated officer/s; and/or the Director General of the Department of Premier and Cabinet, and/or his nominated officer/s; and/or the Commissioner for Public Sector Standards and/or her nominated officers. 8. Not applicable.
· Not give their personal views on matters of government policy or administration, or on advice made to government. · Not speculate on future policy directions · Not publicly criticise any political party, its actions or its policies, and · Not prolong discussion or debate on an issue once a decision has been made, or a policy adopted.’ In addition, Regulation 8 of the Public Service Act 1978 Regulations still in force provides that an officer shall not publicly comment, either orally or in writing, on any administrative action, or upon the administration of any Department or organisation. 2. Not applicable. 3. In general terms and taking into account all relevant information and the nature of the breach, disciplinary action which can be taken against an officer breaching Public Sector Standards can include counselling, written warnings, loss of pay, demotion or dismissal. 4. Not applicable. 5. For the efficient and consistent management of the State Public Sector. 6. Not applicable. 7. As appropriate, the Director General of the relevant department, and/or his nominated officer/s; and/or the Director General of the Department of Premier and Cabinet, and/or his nominated officer/s; and/or the Commissioner for Public Sector Standards and/or her nominated officers. 8. Not applicable.
· Not speculate on future policy directions · Not publicly criticise any political party, its actions or its policies, and · Not prolong discussion or debate on an issue once a decision has been made, or a policy adopted.’ In addition, Regulation 8 of the Public Service Act 1978 Regulations still in force provides that an officer shall not publicly comment, either orally or in writing, on any administrative action, or upon the administration of any Department or organisation. 2. Not applicable. 3. In general terms and taking into account all relevant information and the nature of the breach, disciplinary action which can be taken against an officer breaching Public Sector Standards can include counselling, written warnings, loss of pay, demotion or dismissal. 4. Not applicable. 5. For the efficient and consistent management of the State Public Sector. 6. Not applicable. 7. As appropriate, the Director General of the relevant department, and/or his nominated officer/s; and/or the Director General of the Department of Premier and Cabinet, and/or his nominated officer/s; and/or the Commissioner for Public Sector Standards and/or her nominated officers. 8. Not applicable.
· Not publicly criticise any political party, its actions or its policies, and · Not prolong discussion or debate on an issue once a decision has been made, or a policy adopted.’ In addition, Regulation 8 of the Public Service Act 1978 Regulations still in force provides that an officer shall not publicly comment, either orally or in writing, on any administrative action, or upon the administration of any Department or organisation. 2. Not applicable. 3. In general terms and taking into account all relevant information and the nature of the breach, disciplinary action which can be taken against an officer breaching Public Sector Standards can include counselling, written warnings, loss of pay, demotion or dismissal. 4. Not applicable. 5. For the efficient and consistent management of the State Public Sector. 6. Not applicable. 7. As appropriate, the Director General of the relevant department, and/or his nominated officer/s; and/or the Director General of the Department of Premier and Cabinet, and/or his nominated officer/s; and/or the Commissioner for Public Sector Standards and/or her nominated officers. 8. Not applicable.
· Not prolong discussion or debate on an issue once a decision has been made, or a policy adopted.’ In addition, Regulation 8 of the Public Service Act 1978 Regulations still in force provides that an officer shall not publicly comment, either orally or in writing, on any administrative action, or upon the administration of any Department or organisation. 2. Not applicable. 3. In general terms and taking into account all relevant information and the nature of the breach, disciplinary action which can be taken against an officer breaching Public Sector Standards can include counselling, written warnings, loss of pay, demotion or dismissal. 4. Not applicable. 5. For the efficient and consistent management of the State Public Sector. 6. Not applicable. 7. As appropriate, the Director General of the relevant department, and/or his nominated officer/s; and/or the Director General of the Department of Premier and Cabinet, and/or his nominated officer/s; and/or the Commissioner for Public Sector Standards and/or her nominated officers. 8. Not applicable.
In addition, Regulation 8 of the Public Service Act 1978 Regulations still in force provides that an officer shall not publicly comment, either orally or in writing, on any administrative action, or upon the administration of any Department or organisation. 2. Not applicable. 3. In general terms and taking into account all relevant information and the nature of the breach, disciplinary action which can be taken against an officer breaching Public Sector Standards can include counselling, written warnings, loss of pay, demotion or dismissal. 4. Not applicable. 5. For the efficient and consistent management of the State Public Sector. 6. Not applicable. 7. As appropriate, the Director General of the relevant department, and/or his nominated officer/s; and/or the Director General of the Department of Premier and Cabinet, and/or his nominated officer/s; and/or the Commissioner for Public Sector Standards and/or her nominated officers. 8. Not applicable.
2. Not applicable. 3. In general terms and taking into account all relevant information and the nature of the breach, disciplinary action which can be taken against an officer breaching Public Sector Standards can include counselling, written warnings, loss of pay, demotion or dismissal. 4. Not applicable. 5. For the efficient and consistent management of the State Public Sector. 6. Not applicable. 7. As appropriate, the Director General of the relevant department, and/or his nominated officer/s; and/or the Director General of the Department of Premier and Cabinet, and/or his nominated officer/s; and/or the Commissioner for Public Sector Standards and/or her nominated officers. 8. Not applicable.
3. In general terms and taking into account all relevant information and the nature of the breach, disciplinary action which can be taken against an officer breaching Public Sector Standards can include counselling, written warnings, loss of pay, demotion or dismissal. 4. Not applicable. 5. For the efficient and consistent management of the State Public Sector. 6. Not applicable. 7. As appropriate, the Director General of the relevant department, and/or his nominated officer/s; and/or the Director General of the Department of Premier and Cabinet, and/or his nominated officer/s; and/or the Commissioner for Public Sector Standards and/or her nominated officers. 8. Not applicable.
4. Not applicable. 5. For the efficient and consistent management of the State Public Sector. 6. Not applicable. 7. As appropriate, the Director General of the relevant department, and/or his nominated officer/s; and/or the Director General of the Department of Premier and Cabinet, and/or his nominated officer/s; and/or the Commissioner for Public Sector Standards and/or her nominated officers. 8. Not applicable.
5. For the efficient and consistent management of the State Public Sector. 6. Not applicable. 7. As appropriate, the Director General of the relevant department, and/or his nominated officer/s; and/or the Director General of the Department of Premier and Cabinet, and/or his nominated officer/s; and/or the Commissioner for Public Sector Standards and/or her nominated officers. 8. Not applicable.
6. Not applicable. 7. As appropriate, the Director General of the relevant department, and/or his nominated officer/s; and/or the Director General of the Department of Premier and Cabinet, and/or his nominated officer/s; and/or the Commissioner for Public Sector Standards and/or her nominated officers. 8. Not applicable.
7. As appropriate, the Director General of the relevant department, and/or his nominated officer/s; and/or the Director General of the Department of Premier and Cabinet, and/or his nominated officer/s; and/or the Commissioner for Public Sector Standards and/or her nominated officers. 8. Not applicable.
8. Not applicable.
· Not give their personal views on matters of government policy or administration, or on advice made to government. · Not speculate on future policy directions · Not publicly criticise any political party, its actions or its policies, and · Not prolong discussion or debate on an issue once a decision has been made, or a policy adopted.’ In addition, Regulation 8 of the Public Service Act 1978 Regulations still in force provides that an officer shall not publicly comment, either orally or in writing, on any administrative action, or upon the administration of any Department or organisation. 2. Not applicable. 3. In general terms and taking into account all relevant information and the nature of the breach, disciplinary action which can be taken against an officer breaching Public Sector Standards can include counselling, written warnings, loss of pay, demotion or dismissal. 4. Not applicable. 5. For the efficient and consistent management of the State Public Sector. 6. Not applicable. 7. As appropriate, the Director General of the relevant department, and/or his nominated officer/s; and/or the Director General of the Department of Premier and Cabinet, and/or his nominated officer/s; and/or the Commissioner for Public Sector Standards and/or her nominated officers. 8. Not applicable.
· Not speculate on future policy directions · Not publicly criticise any political party, its actions or its policies, and · Not prolong discussion or debate on an issue once a decision has been made, or a policy adopted.’ In addition, Regulation 8 of the Public Service Act 1978 Regulations still in force provides that an officer shall not publicly comment, either orally or in writing, on any administrative action, or upon the administration of any Department or organisation. 2. Not applicable. 3. In general terms and taking into account all relevant information and the nature of the breach, disciplinary action which can be taken against an officer breaching Public Sector Standards can include counselling, written warnings, loss of pay, demotion or dismissal. 4. Not applicable. 5. For the efficient and consistent management of the State Public Sector. 6. Not applicable. 7. As appropriate, the Director General of the relevant department, and/or his nominated officer/s; and/or the Director General of the Department of Premier and Cabinet, and/or his nominated officer/s; and/or the Commissioner for Public Sector Standards and/or her nominated officers. 8. Not applicable.
· Not publicly criticise any political party, its actions or its policies, and · Not prolong discussion or debate on an issue once a decision has been made, or a policy adopted.’ In addition, Regulation 8 of the Public Service Act 1978 Regulations still in force provides that an officer shall not publicly comment, either orally or in writing, on any administrative action, or upon the administration of any Department or organisation. 2. Not applicable. 3. In general terms and taking into account all relevant information and the nature of the breach, disciplinary action which can be taken against an officer breaching Public Sector Standards can include counselling, written warnings, loss of pay, demotion or dismissal. 4. Not applicable. 5. For the efficient and consistent management of the State Public Sector. 6. Not applicable. 7. As appropriate, the Director General of the relevant department, and/or his nominated officer/s; and/or the Director General of the Department of Premier and Cabinet, and/or his nominated officer/s; and/or the Commissioner for Public Sector Standards and/or her nominated officers. 8. Not applicable.
· Not prolong discussion or debate on an issue once a decision has been made, or a policy adopted.’ In addition, Regulation 8 of the Public Service Act 1978 Regulations still in force provides that an officer shall not publicly comment, either orally or in writing, on any administrative action, or upon the administration of any Department or organisation. 2. Not applicable. 3. In general terms and taking into account all relevant information and the nature of the breach, disciplinary action which can be taken against an officer breaching Public Sector Standards can include counselling, written warnings, loss of pay, demotion or dismissal. 4. Not applicable. 5. For the efficient and consistent management of the State Public Sector. 6. Not applicable. 7. As appropriate, the Director General of the relevant department, and/or his nominated officer/s; and/or the Director General of the Department of Premier and Cabinet, and/or his nominated officer/s; and/or the Commissioner for Public Sector Standards and/or her nominated officers. 8. Not applicable.
In addition, Regulation 8 of the Public Service Act 1978 Regulations still in force provides that an officer shall not publicly comment, either orally or in writing, on any administrative action, or upon the administration of any Department or organisation. 2. Not applicable. 3. In general terms and taking into account all relevant information and the nature of the breach, disciplinary action which can be taken against an officer breaching Public Sector Standards can include counselling, written warnings, loss of pay, demotion or dismissal. 4. Not applicable. 5. For the efficient and consistent management of the State Public Sector. 6. Not applicable. 7. As appropriate, the Director General of the relevant department, and/or his nominated officer/s; and/or the Director General of the Department of Premier and Cabinet, and/or his nominated officer/s; and/or the Commissioner for Public Sector Standards and/or her nominated officers. 8. Not applicable.
2. Not applicable. 3. In general terms and taking into account all relevant information and the nature of the breach, disciplinary action which can be taken against an officer breaching Public Sector Standards can include counselling, written warnings, loss of pay, demotion or dismissal. 4. Not applicable. 5. For the efficient and consistent management of the State Public Sector. 6. Not applicable. 7. As appropriate, the Director General of the relevant department, and/or his nominated officer/s; and/or the Director General of the Department of Premier and Cabinet, and/or his nominated officer/s; and/or the Commissioner for Public Sector Standards and/or her nominated officers. 8. Not applicable.
3. In general terms and taking into account all relevant information and the nature of the breach, disciplinary action which can be taken against an officer breaching Public Sector Standards can include counselling, written warnings, loss of pay, demotion or dismissal. 4. Not applicable. 5. For the efficient and consistent management of the State Public Sector. 6. Not applicable. 7. As appropriate, the Director General of the relevant department, and/or his nominated officer/s; and/or the Director General of the Department of Premier and Cabinet, and/or his nominated officer/s; and/or the Commissioner for Public Sector Standards and/or her nominated officers. 8. Not applicable.
4. Not applicable. 5. For the efficient and consistent management of the State Public Sector. 6. Not applicable. 7. As appropriate, the Director General of the relevant department, and/or his nominated officer/s; and/or the Director General of the Department of Premier and Cabinet, and/or his nominated officer/s; and/or the Commissioner for Public Sector Standards and/or her nominated officers. 8. Not applicable.
5. For the efficient and consistent management of the State Public Sector. 6. Not applicable. 7. As appropriate, the Director General of the relevant department, and/or his nominated officer/s; and/or the Director General of the Department of Premier and Cabinet, and/or his nominated officer/s; and/or the Commissioner for Public Sector Standards and/or her nominated officers. 8. Not applicable.
6. Not applicable. 7. As appropriate, the Director General of the relevant department, and/or his nominated officer/s; and/or the Director General of the Department of Premier and Cabinet, and/or his nominated officer/s; and/or the Commissioner for Public Sector Standards and/or her nominated officers. 8. Not applicable.
7. As appropriate, the Director General of the relevant department, and/or his nominated officer/s; and/or the Director General of the Department of Premier and Cabinet, and/or his nominated officer/s; and/or the Commissioner for Public Sector Standards and/or her nominated officers. 8. Not applicable.
8. Not applicable.
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