Former NSW public services commissioner Graeme Head stated the appointment process of the senior trade and investment commissioner to the Americas (STIC Americas) did not live up to the expectations of “merits-based” public service appointments.
The report from Head’s inquiry was published on Tuesday, looking into the circumstances of former NSW deputy premier John Barilaro’s appointment to the role.
In the executive summary, Head pointed out two key issues arising from the appointment and the subsequent aftermath, including the media attention: 1) the impacts on the individuals applying for the role, and 2) the reputation of the public service itself.
“Confidence in the integrity of public service recruitment processes is important. It goes directly to questions of public trust in the public service. It goes directly to the ethical culture of the public service,” Head wrote in the report.
In total, Head made a total of 13 recommendations to the government, with the government saying it supports 12.
Those supported by the government include amending government sector employment legislation so a minister cannot give directives to an agency Secretary in their functions as employers; legislating a code of ethics and conduct for the public service; and a codification of the roles and responsibilities of secretaries.
Other recommendations include guidance on how a Secretary can clarify a government decision with training upon induction and promotion.
Not supported by the government is a recommendation to amend the ministerial code of conduct to prevent ministers from influencing Secretaries or agency heads when it comes to their decisions as employers.
“The government considers that these provisions, coupled with the proposed amendments to the GSE Act, will make clear that Secretaries and other agency heads are not subject to the direction and control of ministers in the exercise of their employer functions,” premier Dominic Perrottet said in a media release.
Within the report itself, Head found Investment NSW CEO Amy Brown did not fully meet the expectations of the Code of Ethics and Conduct for the first recruitment process when Jenny West was a late applicant.
“I reach this conclusion in respect of a failure on the part of Ms Brown to consider relevant factors in accepting a late application from a candidate who had had, through the normal course of their duties, access to information about other candidates in the process,” the report stated.
West, who was a preferred candidate in the first recruitment process, was not interviewed by Head but supplied the inquiry with documents. West was not under an obligation to be interviewed.
Head found a cabinet meeting in September 2021 over-changed the appointment process, effectively stopping any STIC appointments that were occurring and leading to West not obtaining the role.
As for the second recruitment process, Head felt Brown expressed “genuine confusion” about what the appointment process was, although stated she could have done more to find out. The former commissioner concluded there were no adverse findings to Brown’s actions in beginning a second recruitment process.
However, Head found Brown did fail the Code of Ethics and Conduct by not disclosing to her fellow interview panel members: the involvement of now former minister for trade Stuart Ayres in the composition of the shortlist; arranging for a candidate to meet Ayres while recruitment was still underway; discussing with Ayres Barilaro’s suitability; and concluding contract negotiations with Barilaro without the recruitment panel’s final assessment.
The final report from the recruitment agency that saw the rankings of two candidates changed — Barilaro became the first-ranked candidate, then Kimberley Cole — struck Head as incredulous.
“Given the lack of a clear resolution at the end of the interviews and, as a consequence, the significance of references, it beggars belief that it was not thought to be necessary for a formal deliberation to determine what the final rankings were and the basis for these,” the report stated.
Head noted the consultation by Investment NSW with now former minister Stuart Ayres over the role made it seem the minister’s views were relevant.
“I emphasise here that I am not suggesting that the then-minister was actively seeking to influence the outcome, but rather that Investment NSW saw the minister’s views as being relevant to the decision about who to interview,” the former public service commissioner wrote.
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