24 November 2005
Key Points:
The ongoing value of the Palmer Report lies in the broader lessons it carries for the public sector, and in the broader improvements that can be made in service delivery.
The implications of the Palmer Report on the immigration detention of Cornelia Rau reach far beyond the Department of Immigration and Multicultural and Indigenous Affairs ("DIMIA"). The Report's findings and recommend-ations carry lessons for public sector-wide policy implementation, management and contracting.
Background
The Report of the Inquiry into the Circumstances of the Immigration Detention of Cornelia Rau was presented to the Government by Mick Palmer on 6 July 2005.
The Government's response was swift, but largely confined to DIMIA’s processes and systems. Any informed media attention has not strayed much further.
Immediate effects
Minister Vanstone announced on 14 July 2005 an independent review of arrangements and structures in the compliance and detention divisions of DIMIA, and the establishment of a group of external experts to advise on the management of detention contracts.
In addition, independent assessments of IT systems to facilitate increased "client-focus", and of skills and knowledge levels among existing compliance staff, were announced.
Perhaps more dramatically, the executive group (including the Secretary) of DIMIA was replaced. The role of the Commonwealth Ombudsman, in relation to immigration and detention matters, was made analogous to that of the Taxation Ombudsman, with the designation of the Immigration Ombudsman.
Broader implications
Of more enduring importance, but receiving far less coverage, is chapter 7 of the Palmer Report - dealing with the culture, structure and operations of DIMIA - but extending to inform public sector service delivery.
The genesis of the broader implications that flow from chapter 7 was the identification of problems in DIMIA's management and structure, with significant responsibilities being placed on inadequately trained staff, and a misplaced emphasis on "quantitative yardsticks rather than qualitative performance".
The Palmer Report's relevant recommendations can be conveniently dealt with under three, intertwined, headings:
The guiding principle for public sector policy implementation and management identified in the Report, underpinning the relevant recommendations, is:
A strong government policy calls for strong executive leadership, together with careful management ... Such a policy places ... an onerous responsibility for having in operation systems and processes designed to ensure integrity of application and demonstrable accountability.
It is from that principle that the Palmer Report's findings and recommendations affecting service delivery in the public sector derive. They extend beyond DIMIA, and contain valuable lessons for all.
Implementation of policy
As a starting point, it is recognised that any strong government policy places on the agency tasked with its implementation a duty to provide assertive leadership and to have systems that ensure integrity of application and engender public confidence.
Appropriate operational systems require an openness to input from stakeholders, not a culture that ignores criticism or is unduly defensive, or a process unwilling to question itself. To ensure the outcomes that are expected, there must be comprehensive processes of high-level internal review.
In essence, corporate quality assurance should be driven by the executive, and visibly followed up, to ensure public confidence that policy is being properly and fairly implemented.
Processes and structures
In dynamic areas of service delivery, the challenge for executive management is to recognise potential weaknesses, and to ensure that the arrangements for monitoring, assessment, reporting and review are sensitive to that changing environment.
In particular, all structures should provide for adequate and early feedback, to enable corrective action by management. There should be clear triggers for involvement and oversight at executive level. While process is important, monitoring and managing the system itself are of greater importance.
Where an officer or lower level manager believes that particular arrangements or performance measures are producing bad or negative outcomes, then the matter should be able to be raised with executive management. This should be an aspect of corporate risk management strategy.
Contracting and outcomes
Ideally, services contracts, particularly those for high-risk and high-visibility ventures, should involve some form of alliance contracting or strategic partnership. A model of engaging a business partner is appropriate. Objectives should be clarified and pursued jointly. Respective responsibilities should be defined and benefits, as well as risks and costs, shared.
While strict in the delivery of service outcomes and outputs, contractual arrangements should reward initiative and innovation. At the least, they should provide incentives for the service provider to work more effectively.
Conclusions
There have been few actions of government that have attracted such media attention as the immigration detention of Cornelia Rau, of which the Palmer Report provides a comprehensive analysis.
To date, the Government's response to the Report has been most obviously confined to changes to, and at, DIMIA.
However, it is clear that the ongoing value of the Palmer Report lies as much in the broader lessons it carries for the public sector, and in the broader improvements that can be made in service delivery.
For further information, please contact Philip Harrison.
