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Mark Lauchs Thesis ‘Rational Avoidance of Accountability by Queensland Governments’ Mark Adam Lauchs LL.B., BA (Hons.) School of Justice Law Faculty QUT PhD Thesis 2006 Keywords: Queensland History, Public Sector Ethics, Accountability, Public Service, Anthony Downs, Public Choice Theory, Public Service Reform, Freedom of Information, Whistleblowers, Integrity Commissioner, Criminal Justice Commission, Electoral and Administrative Review Commission, Public Service Commissioner. Abstract: Anthony Downs public choice theory proposes that every rational person would try to meet their own desires in preference to those of others, and that such rational persons would attempt to obtain these desires in the most efficient manner possible. This thesis submits that the application of this theory would mean that public servants and politicians would perform acts of corruption and maladministration in order to efficiently meet their desires. As such action is unavoidable, political parties must appear to meet the public demand for accountability systems, but must not make these systems viable lest they expose the corruption and maladministration that would threaten the government’s chance or re-election. The thesis demonstrates this hypothesis through a study of the history of the public sector in Queensland. It shows that all governments have displayed a commitment for accountability whilst simultaneously ensuring the systems would not be able to interfere with government control or expose its flaws. Table of Contents: Chapter 1 Introduction 1 1.1 Background: the Beneficiary-Servant Relationship 3 1.2 Public Choice Theory 4 1.3 Rational Corruption 8 1.4 Managing Perception 10 1.5 Methodology 11 1.6 Sources 13 1.7 Chapters 15 Chapter 2 British Public Sector Reform 18 2.1 Feudalism 20 2.1.1 The Feudal System 20 2.1.2 Feudalism as Service to the King 22 2.1.3 The King’s Household Government – the Power of Patronage 25 2.1.4 Conclusion 28 2.2 Formal Government 28 2.2.1 Rise of formal Government 28 2.2.2 Constitutional Monarchy 30 2.2.3 Civil Service Reform 33 2.2.4 Trevelyan Reforms 36 2.2.5 Summary 39 2.3 Conclusion 39 Chapter 3 Colonial Era in Queensland 41 3.1 The Queensland Colony 42 3.1.1 Nature of Merit 44 3.1.2 Voters Values 45 3.1.3 Employment and Promotion 46 3.1.4 Subversion 47 3.1.5 Conclusion 51 3.2 The Civil Service Act of 1863 51 3.2.1 Employment and Promotion 51 3.2.2 Review of the 1863 Act 55 3.2.3 The Civil Service Acts Repeal Act of 1869 57 3.2.4 Conclusion 58 3.3 The Civil Service Act of 1889 58 3.3.1 Nature of merit 58 3.3.2 Employment and Promotion 60 3.3.3 Conclusion 61 3.4 Public Service Act of 1896 62 3.5 Conclusion 64 Chapter 4 1900’s 66 4.1 Individual Public Service Commissioners 66 4.1.1 Public Service Acts Amendment Act of 1920 66 4.1.2 Public Service Act 1922 67 4.1.2.1 Nature of merit 68 4.1.2.2 Voters’ Values 70 4.1.2.3 Employment and Promotion 71 4.1.2.4 Subversion 77 4.1.3 Conclusion 81 4.2 Changes during the Bjelke-Petersen years 81 4.2.1 Public Service Act Amendment Act 1968 82 4.2.2 Ombudsman 84 4.2.3 Police Corruption 86 4.2.4 Other criticism 88 4.2.4.1 Closed Shop 90 4.2.4.2 Seniority 91 4.2.4.3 Favouritism 92 4.2.4.4 Patronage 93 4.2.4.5 Summation 96 4.2.5 Conclusion 96 4.3 Fitzgerald Inquiry 97 4.4 Conclusion 100 Chapter 5 Post-Fitzgerald Public Sector Reforms 103 5.1 National Party Post Bjelke-Petersen 104 5.1.1 The Savage Report 104 5.1.2 Public Service (Board’s Powers and Function) Bill 1987 107 5.1.3 Public Service Management and Employment Act 1988 108 5.1.4 Conclusion 114 5.2 Goss Government 114 5.2.1 Labor Policy 114 5.2.2 Public Service Management Commission 117 5.2.3 Public Sector Legislation Amendment Act 1991 119 5.2.4 Merit 123 5.2.5 Conclusion 131 5.3 Borbidge Government 1996-1998 132 5.3.1 Public Service Act 1996 132 5.3.2 Discipline 139 5.3.3 Conclusion 140 5.4 Beattie Government 141 5.4 Conclusion 142 Chapter 6 Code of Conduct 145 6.1 Electoral and Administrative Review Commission 145 6.1.1 Code of Conduct Inquiry 147 6.1.2 The Need for a New Code 149 6.1.2.1 Inadequacies of the Westminster Principles 149 6.1.2.2 Public Expectations 152 6.1.3 Ethics system 155 6.1.4 Ethical Obligations 156 6.1.5 Implementation 157 6.1.6 Conclusion 158 6.2 Parliamentary Committee Report 159 6.3 Public Sector Ethics Act 1994 159 6.3.1 Debate 160 6.3.2 Implementation 164 6.3.3 Conclusion 165 6.4 Conclusion 166 Chapter 7 Other Changes 167 7.1 Criminal Justice Commission 168 7.1.1 Investigation 169 7.1.2 Ethical Education 170 7.1.3 Changes to Powers 170 7.1.4 The Carruthers Inquiry 172 7.1.5 Review of Success 176 7.1.6 Conclusion 178 7.2 Freedom of Information Act 1992 178 7.2.1 Purpose 179 7.2.2 Amendment 180 7.2.3 Conclusion 181 7.3 Whistleblower Protection 182 7.3.1 Background 183 7.3.2 Sincerity of the Government 183 7.3.2.1 Lack of Knowledge 183 7.3.2.2 Politicisation 185 7.3.2.3 Blowing the Whistle to the Media 186 7.3.3 Hypocrisy 188 7.3.4 Supervision 189 7.3.4.1 Review 189 7.3.4.2 Whistleblowers Information Sheet 190 7.3.4.3 Parliamentary Committee Call for Review 191 7.3.5 Conclusion 192 7.4 Integrity Commissioner 193 7.4.1 Role of the Integrity Commissioner 193 7.4.2 Public Sector Ethics Amendment Bill 2000 194 7.4.3 Review 196 7.4.4 Conclusion 198 7.5 Conclusion 198 Chapter 8 Conclusion 201 8.1 Beneficiary-Servant Relationship 201 8.2 Public Choice Theory 202 8.3 Queensland Colonial Government 205 8.4 Twentieth Century 206 8.5 Public Sector Reform 207 8.6 EARC Ethics Regime 208 8.7 Other Changes 209 References 212 Statement of Original Authorship The work contained in this thesis has not been previously submitted to meet requirements for an award at this or any other higher education institution. To the best of my knowledge and belief, the thesis contains no material previously published or written by another person except where due reference is made. Signature Date Acknowledgements Over the last eight years I have exhausted a number of supervisors. Through personal misfortune or career redirection many of them have had to pass on the baton and the burden of supervision. Thank you to Assoc Prof Noel Preston for getting me onto the PhD road. He has been an academic, professional and personal inspiration ever since I met him. Dr John Harrison and Prof Roger Scott turned my waylaid ideas into a topic. Most importantly they convinced me to stay away from quantitative analysis. Dr Peter Isaacs provided two years of valuable guidance and converted my topic into a thesis. Finally, Dr Sharon Hayes helped tie it all together and got me over the finish line. I must also thank my friends and family who are sick of the excuse that I could not attend because I had to work on the thesis. Finally, and most importantly, my wife who wed me mid- thesis, has put up with my frustration, anger and depression, and won’t know me after graduation. Chapter 1 Introduction To date, the sincerity of public service legislation in Queensland has not been scrutinised with any rigour. Studies of the legislation have focused on other characteristics. Historians such as Taylor, Fraser and Howatson, for example, told the history of the legislation which governed the Queensland civil service (later ‘public service’) from 1859 to 1988 as a narrative. Colley also conducted a study of the changing nature of the ‘career service’ in Queensland from 1859 to 2000. Each of these studies had a different focus and methodology. Taylor and Howatson each produced a commentary on the public sector legislation and its development: Turner1 from 1860 to 1922 and Howatson2 from 1922 to 1987. Some commentary was provided, but both studies concentrated on the effects of each piece of legislation or the structure of Queensland public service administration. Turner and Howatson did not explain what the legislation was intended to achieve, how it was to be given effect or determine the drivers behind the need for legislative reform. Colley3 provided a chronological discussion of the development of the notion of the career service in Queensland from 1859 to 2000. She examined early legislation using a late twentieth century definition of career service. Colley did not examine the legislation in their historical and social context. While Colley identified opportunities for executive control of issues such as employment, she did not provide an analysis of the cause and effect of these powers. The present thesis will attempt to present a detailed analysis of historical and theoretical context as well as institut5ional impact in terms of the effectiveness of accountability. This thesis will therefore argue the following hypothesis: The Queensland government has avoided implementing effective ethical regimes where such implementation could impede re-election.
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