Dimensions of Governance For The Public Sector

Download as pdf or txt
Download as pdf or txt
You are on page 1of 29

ANU Press

Chapter Title: Dimensions of Governance for the Public Sector


Book Title: Public Sector Governance in Australia
Book Author(s): Meredith Edwards, John Halligan, Bryan Horrigan and Geoffrey Nicoll
Published by: ANU Press. (2012)
Stable URL: http://www.jstor.org/stable/j.ctt24h92b.6
JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted
digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about
JSTOR, please contact [email protected].

Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at
http://about.jstor.org/terms

ANU Press is collaborating with JSTOR to digitize, preserve and extend access to Public Sector
Governance in Australia

This content downloaded from 129.78.139.29 on Tue, 17 Jan 2017 04:27:50 UTC
All use subject to http://about.jstor.org/terms

Part I. Context and Framework

This content downloaded from 129.78.139.29 on Tue, 17 Jan 2017 04:27:50 UTC
All use subject to http://about.jstor.org/terms

This content downloaded from 129.78.139.29 on Tue, 17 Jan 2017 04:27:50 UTC
All use subject to http://about.jstor.org/terms

1. Dimensions of Governance for the


Public Sector
Governance is concerned with how societies, governments and organisations
are managed and led. Importantly, this includes how they structure and
otherwise order their affairs, make decisions and exercise powers, and manage
their relationships and accountabilities. Official governance frameworks
and standards, which have been developed across sectoral and geographical
boundaries, contain commonalities and differences in their illumination of
key governance concepts, principles and applications. These features are not
developed in a social, political and legal vacuum; they reflect underlying values,
practices and other norms of governance, they are enshrined in the governance
architecture and arrangements for Australias system of government and public
administration, and they are responsive to the evolution of governance thinking
and practice over time.
Accordingly, this chapter explores the basic concepts and facets of governance
and its governmental architecture, primarily as they relate to the Australian
Commonwealth public sector, but with relevance for other Australian
jurisdictions and comparable Westminster-based systems. It provides a
connecting thread between underlying governance values and other norms,
levels and components of governance, and the significance of looking at
governance from a series of societal, governmental, sectoral and organisational
perspectives. In doing so, it offers a glimpse of how emerging changes and
limits to key aspects of the system of governance in the twenty-first century
present challenges for the Commonwealth level of government and its public
sector system. Finally, it introduces central themes of horizontal and vertical
governance, hard and soft forms of governance, and other analytical tools for
understanding, regulating and practising governance. This chapters discussion
of these different dimensions of governance serves as a foundation for the
analysis of governance in later chapters.

The problems of governance-talk


Governance has several meanings, a range of elements and sectoral contexts,
and a variety of dimensions and forms. These differences are not reducible
simply to matters of terminology. For example, the focus of governance for
governments and others trying to coordinate mutual responses to national or
global public policy problems is very different from its focus for any particular
organisation in administering its own affairs or playing a role within a larger
9

This content downloaded from 129.78.139.29 on Tue, 17 Jan 2017 04:27:50 UTC
All use subject to http://about.jstor.org/terms

Public Sector Governance in Australia

enterprise. Similarly, the origins and manifestations of governance vary across


national, sectoral and organisational boundaries. Moreover, the focus of the
study and practice of governance also varies according to the institutional or
individual standpoint from which governance is examined.
This problem in talking about governance is exacerbated when its literature and
official governance reviews offer only partial glimpses of the full complexity
of governance. The normative evaluation and operational implications of
alternative governance approaches and options for government can only be
assessed holistically if the right number and combination of governance aspects
are captured. So, every account of governance must be assessed according to how
it relates to the whole picture of governance, both generally and for the purpose
at hand. In particular, this affects scrutiny and evaluation of the governance
frameworks outlined in the literature as well as landmark governance-related
reforms within government (chapter 2).
At the same time, if it is viewed primarily as a mass of complex and interactive
layers and applications, governance risks losing its conceptual and operational
effectiveness as an organising concept. The different discussions of governance
throughout this book show that there are important levels on which discrete
considerations of governance are both possible and necessary. The governance
of organisations in the public and private sectors has different contexts and
features, for example, and can be discussed sensibly in each case without
escalation at every point to their interactions with each other or society as a
whole. The present point is simply that those interactions also demand attention
where they are relevant, and that discussions of governance and its applications
are incomplete without appropriate attention to them.
The next part of this chapter therefore commences with a taxonomy of governance
and orders of analysis that can be brought to bear in understanding the true
complexity of the concept in the contemporary Australian Commonwealth
public sector. This is followed by a categorisation of the different values and
other norms that infuse the political and legal infrastructure for governance
at this level of government, only some of which are captured explicitly in
legislation that is focused upon public sector values. Together, these opening
parts serve as a platform for understanding some of the key drivers and features
of evolving governance reform in this country (chapter 2), the resultant tensions
in the political and legal architecture of governance (chapter 3), and their
collective implications for governance interactions at central, organisational,
and stakeholder levels within the Commonwealth public sector (chapters 47).

10

This content downloaded from 129.78.139.29 on Tue, 17 Jan 2017 04:27:50 UTC
All use subject to http://about.jstor.org/terms

1. Dimensions of Governance for the Public Sector

Meanings and components of governance


Framing the taxonomy of governance
Most commentators now accept the futility of trying to develop an ideal onesize-fits-all definition or model of governance, as well as the importance of
systemic, jurisdictional and other underlying contexts for the usefulness of any
definitions or models of governance that are used. Just as there is no single
and universal theory of corporations across disciplines, so too there is no one
theory of governance in political science and public administration (Chhotray
and Stoker 2009: 26). Nor does law or any other discipline supply such an
overarching theory of governance.
At its most basic level, governance covers the management of the course of
events in a social system, whether such systems are conceived in organisational,
sectoral or broader terms (Horrigan 2010: 49; quoting Burris et al 2005: 30).
In that sense, the governance of systems embraces their structures, internal
and external interactions, and modes of decision-making and other behaviour.
In this vein, Chhotray and Stoker formulate an all-embracing definition of
governance as follows (2009: 3):
Governance is about the rules of collective decision-making in settings
where there are a plurality of actors or organisations and where no
formal control system can dictate the terms of the relationship between
these actors and organisations.
In short, governance is concerned with how and why systems of all kinds are
constituted and operated.
Beyond the commonly agreed position that all kinds of governance across the
public, private, and community sectors require attention to core elements such as
performance and accountability, each of those features also has different levels of
meaning, application and context, about which there is relatively less consensus.
Finally, all conceptions and definitions of governance-related concepts are
contingent upon the particular scholarly, regulatory or other perspective that
governance observers and participants bring to their governance standpoint or
role (e.g. OECD 2002).
Recent debate about governance has focused on the extent to which it is
government-orientated (as distinct from society-centric and, thus, involving
non-state participants), relationship-focused (as distinct from hierarchical and
authority-based), and network-centred (as distinct from organisation-based).
The question of which of these models or orientations best suits the twentyfirst century governance environment is problematic because each provides
11

This content downloaded from 129.78.139.29 on Tue, 17 Jan 2017 04:27:50 UTC
All use subject to http://about.jstor.org/terms

Public Sector Governance in Australia

different insights into different dimensions of governance. In other words, they


each reveal part of the broader complexity of governance within and beyond
government.
All of this reinforces the central point that governance within a public sector
context comprises different orders of governance governance of a public
sector body, within a whole-of-government approach to governance, sometimes
across levels of government, and often involving governance interactions
beyond the public sector. To foreshadow a later discussion, these different
orders of governance are themselves underpinned by horizontal and vertical
dimensions of governance, as well as manifested through hard and soft forms
of governance.

Different concepts of governance


As governance is a multi-dimensional concept, the term governance is used
differently depending upon the frame of analysis, the standpoint of the
observer and the particular sector or aspect under scrutiny. Understood from an
organisational perspective, for example, the corporate governance of a public
sector body connects to other orders of governance at governmental, societal
and organisational levels.
The concept of the state as a nation (with associated governance and regulatory
dimensions) can be contrasted with the concept of self-governing states and
territories in a federal system of government, as exists in Australia, Canada
and the United States.1 As the role of the nation-state has changed under the
pressures of new governance and the new regulatory state (chapter 2), so too
must our understanding of the nature and forms of governance. Governance
is increasingly responsive, for example, to multi-stakeholder standard-setting,
non-state engagement in policy networks, external and independent monitoring
of government, and the pressures of participatory governance and deliberative
democracy (e.g. Chhotray and Stoker 2009: 4851). One of this chapters themes
is that there are connections between different senses of governance, statecentric and society-centric standpoints on governance, and the engagement of
state and non-state actors in the ongoing evolution of democratic mechanisms.
As the Australian Public Service Commission (APSC) acknowledges in its
assessment of the new environment for public sector performance and
accountability, the old governance model of hierarchical modes of decision1 Unless the context suggests otherwise, references in this chapter to the state and associated terms and
contrasts (e.g. non-state influences) are references to the nation-state, rather than to a particular Australian
state or territory, such as the state of Victoria. The use of terms such as the regulatory state and non-state
influences signals the emergence of a distinct body of cross-disciplinary regulatory studies that focuses upon
the distinct and related regulatory roles of both state and non-state entities (e.g. corporations).
12

This content downloaded from 129.78.139.29 on Tue, 17 Jan 2017 04:27:50 UTC
All use subject to http://about.jstor.org/terms

1. Dimensions of Governance for the Public Sector

making, sequential approaches to problem solving, and single points of


accountability no longer fits all governmental functions and must adapt
to accommodate new public policy implementation models that are more
collaborative and be otherwise responsive to policy challenges that straddle
traditional departmental lines of authority (APSC 2009b: 12). This view
of governance in transition also reflects aspects of vertical and horizontal
governance.
In this way, governance now engages multiple institutions and participants
in multiple governance interactions. Various governance systems containing
a plurality of actors interact with one another in a series of interconnected
governance networks, employing multiple mechanisms for distributing,
wielding, and rendering accountable the exercise of power in society. At this
level, governance focuses upon the mechanisms (institutions, social norms,
social practices) through which social goods such as democracy, honest and
efficient government, political stability and the rule of law are instantiated in
such systems (Burris et al 2005: 301).
The outcomes of the Governance Stream at Australias 2020 Summit, for example,
focus in part on the need to strengthen the participation of Australians in
their governance. This occurs in part through the development of innovative
mechanisms to increase civic participation [and] collaborative governance to
strengthen civic engagement and trust, facilitate deliberative democracy
and strengthen citizen engagement (PM&C 2008: 323). In turn, this idea of
citizen engagement has thematic links with collaborative governance within
government (chapters 4 and 5) as well as participatory governance with societal
stakeholders (chapter 7).
Nation-states and governments remain central to all systems of governance,
regulation and responsibility (Bell and Hindmoor 2009), but there are ongoing
fundamental changes in how governments engage with the people and how
the people hold those who wield institutional power accountable. So, while
governments therefore remain firmly at the helm in their own right or,
alternatively, at the centre of networks that are devoted to national and global
public policy development, non-state institutions and actors are increasingly
coming to the fore, especially through multi-stakeholder standard-setting
initiatives and extra-governmental mechanisms of societal scrutiny (e.g.
Keane 2009: 68889). This development also relates to democracys evolution
to embrace such features, as is considered later in this chapter. Indeed, as
this chapter shows, there are strong connections between governmental and
non-governmental stakeholders, their involvement in different democratic
mechanisms, and various orders of governance and their underlying values.

13

This content downloaded from 129.78.139.29 on Tue, 17 Jan 2017 04:27:50 UTC
All use subject to http://about.jstor.org/terms

Public Sector Governance in Australia

A number of different but related governance concepts are therefore discussed


in the following sections, including: (a) public governance (extending out from
the government sector to the private and community sectors); (b) public sector
governance (i.e. governance of the administration and business of government);
and (c) corporate (or organisational) governance (i.e. the governance of particular
bodies in particular sectors). Each of these concepts of governance, which are
represented in Table 1.1, can be viewed from national, comparative or global
perspectives.
Table 1.1: Governance concepts
Level of analysis
Description
Focus

Macro

Meso

Public governance Public sector governance


Society `

Government `

Micro
Corporate governance
a

Organisation

The close relationship between public governance, public sector governance


and corporate governance sits within the broader framework of other societal
and global governance, as is outlined earlier in this chapter. Farrar explains the
relationship between the different orders of governance as follows (Farrar 2008:
67, quoting respectively Keasey, Thompson and Wright 1997: 2; and Cioffi and
Cohen 2000: 307, 313):
In a wide sense, corporate governance includes the entire network
of formal and informal relations involving the corporate sector and
their consequences for society in general. It can be seen as the nexus
of law, markets, public and private hierarchies, and national and
international political economies. It is capable of subsumption under
broader concepts of contractual and social governance. Every country
approaches corporate governance from the background of its own
distinctive culture In any study of corporate governance we must,
therefore, look at other systems and consider the evolving norms of
global corporate governance. Indeed corporate governance provides a
good perspective for viewing some of the contradictions in globalisation.
An understanding of governance in the Commonwealth public sector requires
comprehension of at least some of these related governance concepts, both
in their own right and in how they relate to it. As outlined in what follows,
the sharpest point of distinction for present purposes is between corporate
governance as conventionally understood and what is described as public
sector governance in official or suggested governance frameworks at more than
one level of government in Australia (ANAO 2003c: 56; Weller and Webbe
2008: [4.2.4]). This point draws support from the statement by Patrick Weller
and Simone Webbe that different constitutional, legislative and environmental
considerations steer variances in the respective practice, and results, for
14

This content downloaded from 129.78.139.29 on Tue, 17 Jan 2017 04:27:50 UTC
All use subject to http://about.jstor.org/terms

1. Dimensions of Governance for the Public Sector

corporate governance and public sector governance (2008: 28). Thus, the
different conceptions of governance offer insights on different parts of the
complex whole that is governance.
Public governance
Public governance occupies a central place in this scheme of governance-related
concepts. It focuses upon governance within the public domain at large,
including but not limited to the function and operation of government. This
acknowledges that governance in the public sector covers broader processes
extending beyond the formal structures of government (e.g. Davis and Keating
2000). Public governance, therefore, embraces not only governance as it
relates to the institutions and business of government, but also governments
engagement with non-government parties in the governance process. Considered
from this perspective, the general notion of governance (and governing) is
conventionally associated with the processes that create the conditions for
ordered rule and collective action within the public realm (Chhotray and Stoker
2009: 71).
In the age of new public governance (chapter 2), for example, governance in
the guise of public governance can be broken down into subcategories such as
socio-political governance (i.e. governance of societal relations), public policy
governance (i.e. governance of the public policy process), administrative
governance (i.e. governance of the business of government), contract (or third
party) governance (i.e. governance of public procurement and contracted
service delivery to the people), and network governance (i.e. governance
through state and non-state networks that are engaged in policy-making and
public service delivery) (Osborne 2010: 67). Collaborative governance, which is
raised in chapters 2, 4 and 5, might also be added to this list, given its operation
within and between levels of government, and even beyond government (e.g.
participatory governance: see chapter 7), as well as its relationship to some of
these governance spheres (e.g. network governance). Public sector governance
also straddles several of these spheres.
As such, public governance embraces relations between different governments and
societies as well as relations within the one society and level of government. In this
sense, it captures that other sense of governance which sees our communities
governed through complex interactions between the public (government), private
(market) and civil (third) sectors, emphasising the importance of constructive
networking between these sectors (Wettenhall 2005: 42). More broadly, the debate
between society-centric and state-centric views of governance (Bell and Hindmoor
2009: 71) can be seen as part of a wider evolution in ideas, forms, and tools of
governance that remains a work-in-progress on multiple levels, not least in the public
sector (Chhotray and Stoker 2009: 1626).
15

This content downloaded from 129.78.139.29 on Tue, 17 Jan 2017 04:27:50 UTC
All use subject to http://about.jstor.org/terms

Public Sector Governance in Australia

This particular conception of governance can also be viewed within the broader
perspective of global public governance, in which transnational government
networks operate as the hubs of a series of interconnected networks, which
involve governmental, business, and community actors who are all engaged in
the pursuit of a larger conception of the global public interest (Slaughter 2004).
The point in common is that public governance is integrally involved with
government, but also transcends government at both national and international
levels.
Despite public governances increased attention to governance networks that
involve a range of actors (Rhodes 1997), the state-centric perspective has
remained highly influential, and covers several approaches: top-down authority
and control (e.g. law and coercion), network steering by government, policy
and regulatory instruments (focused on effectiveness and efficiency) and the
role of institutions (Peters and Pierre 2000: 3746). Operating within this frame,
governance is regarded as the tools, strategies, and relationships used by
governments to help govern (Bell and Hindmoor 2009: 2). This more discrete
and government-focused notion of governance resonates particularly with
public sector governance and its focus upon the steering role of government in
society (chapter 4).
Public sector governance
Public sector governance focuses attention more discretely upon governance
within the public sector generally, or a designated level of government in
particular. This is distinct from the broader conceptions of public governance,
which were considered in the preceding section. Governance within the formal
system of government remains a distinct dimension of governance in its own
right. It deserves separate consideration.
Public sector governance concentrates upon governance as applied to the
governance of organisations within and across the government sector, including
different levels of government and their interactions with one another and other
societal groups. So, public sector governance is not limited to governance as
applied only to the formal administration of government, largely through the
executive branch of government. In the context of the system of government
and public administration that lies at the core of public sector governance, the
steering role of government is paramount (chapter 4), not least in terms of the
capacity of government to make and implement policy in other words, to
steer society (Pierre and Peters 2000: 1).
In material that has been endorsed by the Australian National Audit Office
(ANAO), Prime Minister and Cabinet (PM&C), and APSC, governance is defined
in the context of Australian public administration as the set of responsibilities
16

This content downloaded from 129.78.139.29 on Tue, 17 Jan 2017 04:27:50 UTC
All use subject to http://about.jstor.org/terms

1. Dimensions of Governance for the Public Sector

and practices, policies and procedures, exercised by an agencys executive to


provide strategic direction, ensure objectives are achieved, manage risks and
use resources responsibly and with accountability (ANAO and PM&C 2006: 13;
APSC 2008). This definition of governance straddles corporate governance (see
discussion below) and public sector governance. Similarly, the ANAO framework
for public sector governance also straddles these different conceptions of
governance, as follows (ANAO 2003c: 6):
The term public sector governance has been chosen to focus this guide
on the governance arrangements for public sector organisations at the
Commonwealth level in Australia, as outlined in the definition below.
Public sector governance has a very broad coverage, including how
an organisation is managed, its corporate and other structures, its
culture, its policies and strategies and the way it deals with its various
stakeholders. The concept encompasses the manner in which public
sector organisations acquit their responsibilities of stewardship by
being open, accountable and prudent in decision-making, in providing
policy advice, and in managing and delivering programs.
Considered from within the system of government, Commonwealth governmental
bodies are responsive to one or more sources of public sector regulatory
influence, according to their organisational type. This system of monitoring and
review includes portfolio oversight and extends beyond the Commonwealth
public sector and its members to other components of the executive arm of
government (e.g. auditor-general, ombudsman, and other mechanisms of
administrative review).
However, considered from a broader governance perspective, Commonwealth
governmental bodies are also increasingly subject to an array of public scrutiny
and influence. So, this system of monitoring and review also extends to other arms
of constitutional government (e.g. judicial review and parliamentary committee
scrutiny) and, even further, to the non-government sector and community as
well. To the extent that this reflects enhanced scrutiny of government and input
into public policy and standard-setting from organisations and communities
outside of government, it resonates with the tension that exists between statecentric and society-centric views of governance. It also connects with the
concerns of monitory, deliberative and participatory democracy (Gutmann and
Thompson 2004; and Keane 2009), as discussed later in this chapter.
Corporate governance
Corporate governance in the public sector focuses upon the governance of
organisations in that sector, as well as upon the governance of their relations
and interactions with others, both within and beyond the sector. In official
17

This content downloaded from 129.78.139.29 on Tue, 17 Jan 2017 04:27:50 UTC
All use subject to http://about.jstor.org/terms

Public Sector Governance in Australia

governance guidance for Australian public administration, terms such as public


sector governance and governance in the context of the centre of government
are often contrasted with those such as corporate governance, to avoid any
perceived ambiguity concerning the application of the term corporate to
non-corporate public sector organisations (Barrett 2003: 5).
By way of comparison with the private sector, the Australian Securities
Exchange Corporate Governance Councils (ASX CGCs) Corporate Governance
Principles and Recommendations state that corporate governance encompasses
the mechanisms by which companies, and those in control, are held to account
and influences how the objectives of the company are set and achieved, how risk
is monitored and assessed, and how performance is optimised (2010: 3). Here,
the ASX CGC also draws upon the HIH Royal Commissions view of corporate
governance (which is considered, along with other authoritative definitions of
corporate governance, in chapter 2). Still, as the ASX CGC also acknowledges
(2010: 3): There is no single model of good corporate governance.
The perception of standard corporate governance elements such as performance,
conformance and accountability is affected by the prism of constitutionalism,
managerialism, or any other organising theory of public administration that
holds sway from time to time (chapter 2). Contemporary understanding and use
of core corporate governance concepts such as accountability occur against
a background of recent governmental reform history in which arguments
about independence, accountability and efficiency are endemic to the new
managerialism (Bottomley 1994: 529). Public laws concern with judicial
review of administrative action has similarly meant grappling with the forces
that are unleashed by new managerialism (Bayne 1991: 17).
As this connection between governance trends and elements confirms, the
literature on governance at the organisational level strongly identifies it
with at least the elements of performance, legal and policy compliance, and
multiple accountabilities. To these can be added factors such as assurance,
management and planning, as well as leadership, ethics and even fairness (e.g.
Barrett 2003: 78). Based upon authoritative governance guides for Australian
public administration (e.g. ANAO 2003c: 1315), a more nuanced cataloguing
of governance elements might further divide them into groups of substantive
elements (e.g. conformance, performance and accountability), qualitative
elements (e.g. fairness, integrity, leadership and ethics), structural elements (e.g.
management, committee and advisory structures) and functional elements (e.g.
planning, resourcing, management (at several levels), monitoring and reporting).
Commonwealth bodies that are responsible for its oversight describe corporate
governance as providing a framework for the management and accountability
of key decision-making bodies (DFA 2001). A more expansive conception
18

This content downloaded from 129.78.139.29 on Tue, 17 Jan 2017 04:27:50 UTC
All use subject to http://about.jstor.org/terms

1. Dimensions of Governance for the Public Sector

involves integrating the main elements of corporate governance within a


holistic framework, which are communicated effectively throughout the
entire organisation and underpinned by a corporate culture of accountability,
transparency, commitment and integrity (Barrett 2002b).
Considered mainly from the organisational perspective placed within a wider
public sector context, the APSC views agency governance as follows (APSC
2010a):
While there is no one size fits all approach to governance, it is important to
realise that effective governance will contain the following building blocks:






strong leadership, culture and communication;


appropriate governance committee structures;
clear accountability mechanisms;
comprehensive risk management, compliance and assurance systems;
strategic planning, performance monitoring and evaluation;
flexible and evolving principles-based systems; and
effective operation across organisational boundaries.

However, there are limits to simply listing or cataloguing governance elements


at an organisational level. First, each of governances key elements has multiple
guises. Management embraces management of risks, personnel, resources,
and relationships. Accountability not only embraces internal and external
constituencies and mechanisms, but also embraces different functions such as
monitoring, evaluation, and review.
Secondly, their meaning and application are each subject to sectoral nuances.
The organisational and regulatory architecture for the accountability of
corporations in the private sector differs in important ways from that which
applies to organisations in the public sector. This is illustrated by the difference
between accountability to shareholding ministers of state-owned enterprises
and accountability to shareholders who hold and trade shares in a regulated
stock market (chapter 2). Similarly, the kind of stakeholder consultation and
engagement that is followed within government circles in the development and
implementation of public policy (chapter 7) differs from the kind of stakeholder
engagement that characterises publicly listed companies under prevailing
standards of corporate governance.
Thirdly, under some conventional notions of governance, there is a tendency
to limit too narrowly the relationship between owners, managers, and
constituencies. In the private sector context, this means conceiving of
governance only in terms of the relationship between a company, its board
and management, and its shareholding owners. In the public sector context,
19

This content downloaded from 129.78.139.29 on Tue, 17 Jan 2017 04:27:50 UTC
All use subject to http://about.jstor.org/terms

Public Sector Governance in Australia

equivalent narrowing occurs when governance attention is focused solely upon


the relations between a departments or agencys governing body, its CEO, and
relevant ministers of state (Barrett 2003: 5). Such a limited conception of public
sector governance risks overlooking the governance significance and nuances
of the systems, processes, policies and strategies that direct operations, assure
quality, monitor performance, and help manage [board and CEO] obligations to
stakeholders (Barrett 2003: 5).
Finally, simply listing or cataloguing elements of governance in the abstract says
nothing about the relationship and synchronicity between those elements. In
other words, it is one thing to identify elements of governance and something
different to show how those components relate to one another in a coherent and
workable notion of governance. Focusing upon the related notion of corporate
governance in primarily a private sector context, Steven Cole suggests that a
conception of corporate governance whose crux is the alignment of its different
components (Cole 2002). According to his view, corporate governance involves
the organisational systems and processes that align the roles and responsibilities
of managers with the corporations internal and external relationships to produce
strategic, measurable and otherwise accountable outcomes. This produces a
holistic view of corporate governance, especially from the practical perspective
of those responsible for governing an organisation.
These limits to the listing of corporate governance elements in the abstract can
be contrasted with the beneficial emergence of principle-based frameworks for
corporate governance. Examples already exist of principle-based frameworks
of corporate governance for public sector bodies and environments, to
be compared and contrasted with those that now prevail for listed public
companies in Australia (e.g. ASX CGC 2010), New Zealand, the United Kingdom
and elsewhere. The Independent Commission on Good Governance in Public
Services in the United Kingdom, for example, identifies six core principles of
good governance in its Good Governance Standard for Public Services. According
to this standard, the requirements of good governance include the following
six elements (OPM and CIPFA 2004: 5):
focusing on the organisations purpose and on outcomes for citizens and
service users;
performing effectively in clearly defined functions and roles;
promoting values for the whole organisation and demonstrating the values
of good governance through behaviour;
taking informed transparent decisions and managing risk;
developing the capacity and capability of the governing body to be effective;
and
engaging stakeholders and making accountability real.
20

This content downloaded from 129.78.139.29 on Tue, 17 Jan 2017 04:27:50 UTC
All use subject to http://about.jstor.org/terms

1. Dimensions of Governance for the Public Sector

Such principle-based frameworks across the private and public sectors are
characteristically seen as more flexible and less prescriptive than rule-based
frameworks, therefore allowing more room for customisation to particular
organisations and other circumstances. The distinction between principle-based
and rule-based standards also corresponds to that between soft and hard law.
The relationship in each case is also interdependent given, for example, the
significance of governance legislation for ancillary governance guidelines and
principles within each sector.
The use of principle-based standards within the Commonwealth public sector
is evidenced by the frameworks underpinning the Commonwealth Financial
Accountability Review (CFAR) and the Australian governments governance
guidelines for Commonwealth government business enterprises (GBEs), both of
which were released in 2011. For example, the former rests upon principles
of comprehensiveness (e.g. clarity of objectives and accountabilities),
flexibility (e.g. technological adaptability) and user-friendliness (e.g. ease of
understanding and accessibility) (DFD 2011a), and the latter is underpinned by
a common set of key principles of governance responsibility and accountability
for all Commonwealth GBEs (DFD 2011b). Both, however, are also supported by
relevant governance legislation for the sector.

From governance conceptions to governance


planes and forms
In summary, the relation and nuances between public governance, public sector
governance, and corporate governance in the public sector extend beyond mere
grammatical differences, to express differences in scope, orientation and context
as well. These three different conceptions of governance can be compared
and contrasted with official and other authoritative definitions of governance
(especially corporate governance) in the wider literature (chapter 2).
Just as analytical distinctions can be made between these related governance
conceptions, so too can analytical distinctions be made between different planes
and forms of governance. Two major analytical distinctions are commonly made
in the literature one between horizontal and vertical planes of governance,
and the other between hard and soft forms of governance. These distinctions
and their significance for the Commonwealth public sector are outlined next.
The relationship between these governance conceptions, planes and forms is twofold. The governance planes and forms apply to each of the different conceptions
of governance discussed here, and therefore transcend any particular sector or
jurisdiction. In addition, any governance model that purports to approach the
21

This content downloaded from 129.78.139.29 on Tue, 17 Jan 2017 04:27:50 UTC
All use subject to http://about.jstor.org/terms

Public Sector Governance in Australia

full complexity of governance in the contemporary business of government


must pay some attention, at least, to these different conceptions, horizontal and
vertical planes, and hard and soft forms of governance, to which this chapter
now turns.

Horizontal and vertical governance


As applied to government, the notions of vertical and horizontal governance
apply to relations within and across different levels of government. In addition
to governing itself, for example, a public sector body might liaise with other
agencies within the same government (under a whole-of-government governance
framework), its equivalents in other levels of government (as in cooperative
federalism), and its counterparts in other countries (as in trans-Tasman
cooperative regimes and other regional initiatives). Moreover, it might have
governance interactions beyond the government sector. This more expansive
notion of the horizontal and vertical dimensions of governance is a theme
that underpins several chapters in this book.
The distinction between horizontal and vertical governance can be viewed
successively from system-based, sector-based and organisation-based
standpoints, with network-based governance cutting across one or more of
these standpoints. The usefulness of this distinction as an analytical tool
for understanding important features of governance is evidenced by its
incorporation in official guidance from the APSC on the overall responsibility
and accountability framework for the Commonwealth public sector. As
identified in key guidance for the Australian Public Service (APS), for
example, the traditional model of accountability describes a vertical chain that
provides a continuum of accountability relationships between the electorate,
the Parliament, the Government and the public service, which is matched by
administrative law developments that have extended and strengthened the
horizontal accountability of public servants and Ministers (APSC 2009b: 6). The
APSC also states that public servants are accountable mostly through a vertical
and hierarchical chain, but it does include some horizontal accountability to
external review bodies, and also adds that other horizontal accountability
arrangements are emerging (APSC 2009b: 8).
In its most basic and conventional form, the distinction between horizontal and
vertical governance refers to the notional vertical line that exists between the
inner governance of an organisation and those to whom it is ultimately answerable
(e.g. ministers and the centre of government), together with the notional
horizontal line of outer governance relationships for organisations with others
in the public sector and beyond. This simple horizontal-vertical governance
dichotomy is packed with underlying nuances about the shifting core of essential
22

This content downloaded from 129.78.139.29 on Tue, 17 Jan 2017 04:27:50 UTC
All use subject to http://about.jstor.org/terms

1. Dimensions of Governance for the Public Sector

governmental activity, the rise of non-state influences upon public governance,


the swinging pendulum between centralisation and fragmentation of executive
government control, and both the relevance and limits of hierarchical chains of
institutional authority and accountability (Chhotray and Stoker 2009: 1823;
Bell and Hindmoor 2009: 859).
The distinction between horizontal and vertical governance has relevance for
other modes of governance, such as participatory and networked governance.
The relationship between these various modes of governance is a key feature of
contemporary governance frameworks for the public sector. As confirmed by
the initial public discussion paper for the CFAR, which was released in early
March 2012, traditional models for delivering public services, based on vertical
and hierarchical governance and accountability, need to be complemented by
participative and networked arrangements (DFD 2012b: 7). This is critical in
meeting a number of CFARs possible outcomes, including an opportunity
to develop a more coherent, portfolio-based governance framework, which
rebalances devolution and accountability (DFD 2012b: 88).
Viewed beyond their application within a single organisation, these horizontal
and vertical planes of governance can also extend outwards in a series of
concentric circles of coverage. This wider coverage includes: horizontal
and vertical interactions within one level of government (e.g. public sector
governance: ANAO 2003c); horizontal relations between levels of government
(e.g. COAG agreements); governance interactions between multiple organs of
government at national and transnational levels (e.g. horizontal government
networks and vertical government networks across disaggregated nationstates: Slaughter 2004); and governance interactions between governmental and
non-governmental institutions and actors. These various planes of governance are
present, for example, in the institutional governance tensions that are identified
in chapter 3, the nature of participatory governance as outlined in chapter 7,
and the society-centric and other conceptions of governance canvassed in this
chapter.

Hard and soft governance


Connections exist between horizontal and vertical planes of governance, on one
hand, and hard and soft forms of governance, on the other. In managing
horizontal and vertical governance from organisational and other standpoints,
much depends upon the successful marriage of the external and internal
influences upon an organisations governance, and the hard and soft aspects of
governance. This necessity reinforces the holistic nature of governance.
The distinction between hard and soft governance throws light on the complete
set of factors that characterise well-governed organisations, including not only
23

This content downloaded from 129.78.139.29 on Tue, 17 Jan 2017 04:27:50 UTC
All use subject to http://about.jstor.org/terms

Public Sector Governance in Australia

formal and structural aspects (i.e. hard governance factors) but also behavioural
and relational aspects (i.e. soft governance factors; e.g. Edwards and Clough
2005). In terms of the private sector, leading empirical studies of effective boards
bring both hard and soft factors together, for example, in a complete picture of
board efficiency and effectiveness that embraces board structures, membership
and skills mix, and processes and behaviours (Leblanc and Gillies 2005: 139; see
chapter 6, in this volume, further on board governance). Similarly, in terms of
the public sector, the formal (e.g. structural) features of institutional governance
architecture, such as legislated whole-of-sector governance requirements (e.g.
the Public Service Act 1999 (Cth), Financial Management and Accountability
Act 1997 (Cth), and Commonwealth Authorities and Companies Act 1997 (Cth)),
differ from the informal features of governance (e.g. organisational governance
practices and conduct).
This distinction between hard and soft governance can also be elevated at a
systemic level to a distinction between the formal institutional and regulatory
architecture and associated rules that govern decision-making for collective
entities such as corporations and governments, on one hand, and their less
formal counterparts in ordering and otherwise influencing collective decisionmaking and behaviour, on the other (Chhotray and Stoker 2009: 34). In this
way, the distinction between hard and soft governance parallels the distinction
between hard law (i.e. legislation and court judgments) and soft law (i.e.
other forms of regulation, such as official codes and guidelines).
Important connections also exist between governance and regulation, the
horizontal and vertical dimensions of an organisations governance, and hard
and soft forms of governance. As explained by Chhotray and Stoker (2009: 23
24), these connections matter in terms of organisational autonomy, regulatory
guidance and performance outcomes:
Governing by regulation from a governance perspective is about
one public organisation aiming to shape the activities of another [in]
the rolling out of a governing technique in the context of complex
architecture of governance. Regulation can be a soft form of governance
where the regulated agency or organisation is not commanded to do
something but acts with autonomy, within prescribed limits, and is held
to account against the achievement of certain goals or outcomes.

24

This content downloaded from 129.78.139.29 on Tue, 17 Jan 2017 04:27:50 UTC
All use subject to http://about.jstor.org/terms

1. Dimensions of Governance for the Public Sector

Norms of public sector governance in their


broader governance context
Connections between values and governance
The different conceptions, orders and other aspects of governance canvassed
in this chapter both reflect and shape a variety of values that are embodied in
the structures, processes and behaviours surrounding governance in its various
senses. Values and other norms of conduct therefore underpin governance on
many levels. Sometimes, they explicitly form an integral part of the governance
framework, as in the incorporation of designated values in governance legislation
and other official guidance.
In terms of public sector values, authoritative sources of governance guidance
for Australian public administration, such as the ANAO governance framework,
list accountability, transparency (or openness), integrity, stewardship,
leadership, and efficiency as fundamental principles and values of governance
(ANAO 2003c: 8). The APS values, which were originally enshrined in the APS
Values and APS Code of Conduct sections of the PS Act, include values as
diverse as societal values (e.g. community diversity), democratic values (e.g.
the effectiveness and cohesion of Australias democratic system of government),
governmental values (e.g. ministerial responsibility), workplace values
(e.g. meritorious, non-discriminatory, and equal opportunity employment),
professional values (e.g. an apolitical, impartial, and professional outlook,
for the provision of frank, honest, comprehensive, accurate and timely advice
to the government of the day).2
Even the revision and streamlining of the APS Values that are recommended
in Ahead of the Game: Blueprint for the Reform of Australian Government
Administration (see chapter 2, in this volume) serve value-driven aims of
cohesion, effectiveness and excellence in government (e.g. greater clarity of
expectations, roles and responsibilities). The recommendations outlined in
Ahead of the Game also reflect values of integration (e.g. whole-of-government,3
intergovernmental, and cross-sectoral initiatives), cooperation (e.g. cross-agency
2 Assuming that it becomes law in a form that does not differ too greatly, or at all, from the Bill introduced
into the federal parliament in early 2012, the Public Service Amendment Act 2012 (Cth) separates and
consolidates public service values into two lists a list of APS Values and a list of related APS Employment
Principles. The APS Values embrace being ethical, respectful, accountable, impartial, and committed
to service, with broad descriptions of each of those values also included in the Act. The APS Employment
Principles are similarly defined, with a subset of principles covering appointment and promotion on merit.
3 For example, under reforms introduced in the Public Service Amendment Act 2012, the responsibilities of
departmental secretaries include portfolio responsibility for developing a strong strategic policy capability
that can consider complex, whole-of-government issues.
25

This content downloaded from 129.78.139.29 on Tue, 17 Jan 2017 04:27:50 UTC
All use subject to http://about.jstor.org/terms

Public Sector Governance in Australia

coordination and collaboration),4 monitorability (e.g. regular agency reviews),


efficiency (e.g. regulatory simplification and deburdening), and innovation
(e.g. digitalisation, flexibility, responsiveness, and adaptation). Similarly, the
value-laden trends of the last 25 years of Australian public administration
reflect ideals of openness, consultation, engagement and efficiency, amongst
others (McPhee 2009b: 56).
As understandings and practices of government evolve, so too do the underlying
thematic influences and emphases in governance values. Some degree of
correlation exists, for example, between how society views the role of the state
and the public sector governance trends that prevail from time to time (chapter
2). The shift from the welfare state to the regulatory state and, lately, to a more
pluralistic and facilitative state brings with it changes in the conceptions and
practices of public sector governance that themselves mark shifts in sets of
values and their priorities (Osborne 2010: 210). Similarly, some key institutional
tensions in governance at systemic, departmental and agency board levels stem,
in part, from competition between different values (chapters 36).
At the same time, new and underlying themes of cross-institutional and transsectoral integration, interdependence, and shared responsibilities combine with
old underlying themes of organisational capability, efficiency, and effectiveness.5
In these ways, the values of governance, as they are explicitly embedded or
otherwise fostered through public sector regulation, connect on various levels
to the components and elements of governance and its institutional architecture
within government and society.

Categories of governance values and other norms


This connection between governance architecture, reforms and values makes
it imperative to map such values in some detail, for the purpose of discussion
in this and subsequent chapters. At least four distinct but related categories
of values and other norms shape the governance arrangements and supportive
regulatory architecture for the Commonwealth public sector. They can usefully
be summarised in the following table, in descending order of systemic breadth
and governance specificity:

4 For example, under reforms introduced in the Public Service Amendment Act 2012, the roles of departmental
secretaries include providing stewardship within the Department and, in partnership with the Secretaries
Board, across the APS.
5 For example, one of the functions of the Secretaries Board, which was established under the Public
Service Amendment Act 2012, is to draw together advice from senior leaders in government, business and the
community, while one of the key responsibilities of each departmental secretary is to manage the affairs of
the Department efficiently, effectively, economically and ethically.
26

This content downloaded from 129.78.139.29 on Tue, 17 Jan 2017 04:27:50 UTC
All use subject to http://about.jstor.org/terms

1. Dimensions of Governance for the Public Sector

Table 1.2: Categories, focus and examples of governance norms


Category of norms

Focus

Example(s)

Broader societal governance

Integration of internal and


external systemic responsibility
and accountability

Social trust, cooperation,


transparency,
contestability and
monitorability (chapters 1,
7 and 10)

Liberal democratic
government

Constitutional system of
democratic government in
Westminster-based systems

Rule of law, responsible


government and
sovereignty of the people
(chapters 13)

General public sector


regulation, management
and administration

Reforms to the executive branch


of government and its relations
with other governmental
branches and levels

Public managerialism,
regulatory state and
new public governance
(chapters 26)

Governance-specific
public sector regulation,
management and
administration

Regulation of governance
values, structures and other
arrangements for public sector
bodies (e.g. PS Act, CAC Act
and FMA Act)

APS Values (chapter 1),


Uhrig review templates
(chapters 2, 6 and 8) and
official Finance governance
guides (chapters 1, 6, 8
and 9)

At an overarching level, societal norms both permeate and underpin governance


ideas and practices. The values of social trust and cooperation, for example,
are as important for civil society as they are for the workings of government
and business. Values such as these also have discrete governance implications,
especially in terms of public responsibility and accountability, under both
state-centric and society-centric views of governance and the tensions between
them, as explored in various chapters in this volume. This category of norms
informs both internal and external dimensions of public responsibility and
accountability, in the sense that these values condition public responsibility
and accountability through the formal institutions of government as well as
through engagement of the private sector and civil society.
The norms for the governance of society as a whole have both similarities
and differences with the norms that relate to the governance that operates
through a system of democratic government. In each case, values such as trust,
cooperation and transparency remain important, although often with different
contexts and mechanisms.6 The trust that is necessary in business transactions
and professional life is not the same, for example, as the trust that voters place
in elected governments. At the same time, the system of government also reflects
and gives effect to particular values in particular ways.

6 On the importance of trust in a governmental context, see: Uhr 2005; and Braithwaite and Levi 2003. On
the importance of transparency as a dominant value in business regulation worldwide, see: Braithwaite and
Drahos 2000.
27

This content downloaded from 129.78.139.29 on Tue, 17 Jan 2017 04:27:50 UTC
All use subject to http://about.jstor.org/terms

Public Sector Governance in Australia

A series of democratic, constitutional and other values underlie notions of the


public trust, public service, and public accountability, which infuse systems
of government and their governance arrangements (e.g. Finn 1993; Hood 1998;
Finn 2010). Whatever the ongoing normative and operational significance of
these organising principles for the framework of government today (Finn 2010:
350), they have a powerful legitimising and standard-guiding influence over
what the people expect from their governments and how governments should
themselves behave.
Within the system of government, the connection between governance and
values is reflected in constitutional and legislative arrangements, such as the
Australian Constitutions incorporation of the rule of law and the reference to
ministerial responsibility in the APS Values. In addition, the values associated
with liberal democratic government must accommodate and adapt to democracys
own evolution. The tension between contemporary democracys state-centric
manifestations (e.g. the institutions of representative democracy) and its societycentric forms (e.g. deliberative democracy) also impacts upon governance and
its manifestations (e.g. network, collaborative and participatory governance).
The governance of the public sector is also discrete from governance within
the broader system of government. In terms of the public sector as a whole,
there is general regulation of public sector management and administration,
which is underpinned by a series of sectoral values, some of which are explicit
and legislated (e.g. APS Values) and some of which are implicit and reflected in
governmental behaviours and processes (e.g. public service conventions and
protocols). Indeed, the APS Values cut across both general regulation of the
APS and the governance of particular Commonwealth public sector entities.
More broadly, norms of public sector regulatory infrastructure are also
located in public accountability laws (e.g. laws of judicial and administrative
review, freedom of information and privacy) and general laws that apply to
governmental and non-governmental organisations alike, at least to some degree
(e.g. governmental liability under the Competition and Consumer Act 2010
(previously Trade Practices Act 1974)).
Accordingly, the Commonwealth public sector also contains within it a discrete
set of governance-specific laws and official guidance, from both whole-ofgovernment and organisational perspectives, with underlying values and
principles that are grounded in the prevailing notions of good governance.
Here, the main governance-specific legislation consists of the FMA Act, CAC
Act and PS Act. Together, these acts supply the primary legislative framework
for regulating the governance of Commonwealth public sector bodies of all
kinds, in terms of governance structures and values, financial and reporting
responsibilities, and other governance responsibilities and arrangements.
28

This content downloaded from 129.78.139.29 on Tue, 17 Jan 2017 04:27:50 UTC
All use subject to http://about.jstor.org/terms

1. Dimensions of Governance for the Public Sector

Other major governance-specific frameworks and policy initiatives in this


category include the governmental adoption of most of the recommendations
of the Review of the Corporate Governance of Statutory Authorities and Office
Holders (Uhrig review) and their extension throughout the Commonwealth
public sector (chapter 2). These recommendations are supplemented by ANAO
frameworks and guides on governance, together with what the Department
of Finance and Deregulation (Finance) describes as principles for helping
determine the most appropriate structure and governance arrangements for
Australian Governmental bodies (DFD 2007, as outlined in DFD 2005b) as well
as other official guidelines on governance from Finance (e.g. DFD 2011b). These
are important sources of governance principles and related norms.
At a final level, in descending order from societal, governmental and sectoral
governance, we reach the organisational level of governance. All of these levels
of governance have their associated values and other norms. Some of these norms
integrate, at an organisational level, the governance norms that operate from a
whole-of-government perspective, including sector-wide norms such as the APS
Values. Some of them reflect effectiveness, efficiency and other values that are
derived from official governance templates (e.g. the Uhrig review templates) and
other official guidance (e.g. DFA 2005b), while still others are more organisationspecific in nature. These organisation-specific values are derived from sources
as various as particular organisational statements of expectation and intent,
organisational charters and missions, and other aspects of organisational design
and strategy. Good organisational governance at this level can also model good
governance values and practices from other organisations within the public
sector and beyond.
In short, viewing governance in these societal, governmental, sectoral and
organisational terms reinforces the connection between cross-cutting spheres
of governance and their associated values. These cross-cutting connections
between governance and values are demonstrated by a series of accountability
mechanisms from the inner and outer public sector to wider society. These
accountability mechanisms and the borders that they transcend also offer insight
into governance as a multi-dimensional system of interdependent parts. The
final part of this chapter considers key aspects of this interrelationship between
governance architecture and its underlying norms in more detail. In particular,
it illustrates how changes and limits to this architecture and its norms create
challenges for the Commonwealth level of government and its public sector
system.

29

This content downloaded from 129.78.139.29 on Tue, 17 Jan 2017 04:27:50 UTC
All use subject to http://about.jstor.org/terms

Public Sector Governance in Australia

Governance changes, limits and challenges


The form and substance of governance in Australia and other Anglophone
countries is integrally connected to the prevailing system of democracy and
government.7 Neither that system, nor our understanding of its features and
limits, remains fixed forever. Accordingly, there are progressive insights about
this system and its ongoing evolution that any serious study of governance
must accommodate. Three such insights bring together many of the themes
underpinning this chapter, and serve as a platform for the analysis of governance
in later chapters.
First, the forms and institutions of democratic government are evolving to
accommodate new societal expectations and mechanisms of public engagement
and accountability. Governance must adapt to contemporary democracys
transition from a primary focus upon majoritarian democracy, which is
characterised formally as rule by majority vote in parliament, to embrace what
is variously termed government by discussion (Sen 2009: 324), a partnership
conception of democracy (Dworkin 2011: 5), and governance through multiorder monitoring of all institutional exercises of power over the people in
the new era of monitory democracy (Keane 2009: xxxiii). So, too, are the
organs and actors of democratic government exposed to enhanced standards
of public contestability, deliberation and justification in their official decisions
and actions, under related notions of deliberative democracy (Gutmann and
Thompson 2004).
Democratic norms are also the subject of continuous conceptual recasting and
operational application to changing circumstances. For example: democracy
is now concerned as much with respect for individual freedoms and human
rights as it is with majoritarian rule; responsible government and ministerial
responsibility are both affected by the party-based system of government; and
popular sovereignty and the rule of law are still works-in-progress in their
application to the contemporary complexity of executive government and the
legal conditions for exercising public power on behalf of the Australian people
(Finn 1995: 7, 13, 20). Electoral outcomes are another and increasingly volatile
dynamic in recent democratic history, in light of the transition from majority
government to minority government and post-election coalition formation in
the United Kingdom, Australia and other Anglophone countries. The relations
between government and the people change as the understanding and practices
of representative democracy change too.

7 Governance has many systems. The system of democracy and government discussed here is only one such
system. Another is the public sector governance system discussed in chapter 4.
30

This content downloaded from 129.78.139.29 on Tue, 17 Jan 2017 04:27:50 UTC
All use subject to http://about.jstor.org/terms

1. Dimensions of Governance for the Public Sector

The central idea in this new era of participatory, deliberative and monitory
democracy is that governance and regulation in democracies now involves
interactions between state and non-state actors, greater accountability to the
people for what governments do, and enhanced means of public engagement and
monitoring in the democratic process. This includes societal standard-setting,
norm-shaping and regulatory influence beyond simply their governmental
forms in policy-making and law-making. It also includes discrete and sometimes
shared responsibilities across the public, private, and community sectors (and
even national boundaries) in developing and implementing public policy and
regulation, steering and ordering societal behaviour, and monitoring and
calling to account the use and abuse of institutional power. This evolution of
democratic governance has clear connections to other aspects of governance, as
explored in this and other chapters.
Secondly, the public trust is connected to democracys evolution and resultant
impact upon governance, in the following sense. The public trust remains a
central concept that underpins the system of government, accountability
to the electorate and democracys evolution to embrace meaningful public
engagement beyond periodic elections. This is why talk of the public trust in
law and government remains meaningful and action-guiding, rather than merely
aspirational or even pass.
At the very least, this central concept requires that those who are governed are
enabled to give their fully informed consent to the exercise of power over them by
governing institutions and public officials (Funnell 2001: 149). In constitutional
and legal terms, the public trust informs official standards and behaviours
including those enshrined in public sector codes and other regulation (Finn 2010:
33039, 350). In political terms, the UK Nolan Committees mid-1990s warning
against improper financial relationships between non-government parties
and politicians reflects deeper concern about safeguarding the public against
breaches of the public trust invested in elected representatives (Committee on
Standards in Public Life 1995; Finn 1995).
The core principle is that those in government who are invested with political
and legal power exercise that power for and on behalf of the people, whatever
the ultimate foundation for this public trust. This grand theme of making the
people the masters and not the servants of public power permeates the conferral,
conditioning and proper use of that power over peoples lives. Consider, in
this context, the governance significance of recent legal recognition of the
sovereignty of the Australian people as the ultimate source of constitutional
authority. If the people are the source of all democratic power, for example,
those institutions and public officials who wield such power do so on trust
from and for the people, and are accountable to them through various electoral,
agency-based and Westminster-style mechanisms (Finn 1994: 22728, 23435).
31

This content downloaded from 129.78.139.29 on Tue, 17 Jan 2017 04:27:50 UTC
All use subject to http://about.jstor.org/terms

Public Sector Governance in Australia

Finally, these ideas and mechanisms of public trust and accountability also
make it necessary to consider how Australias system of government and
public administration sits within a broader tradition of Westminster and other
influences (Rhodes et al 2009). This common reference point for convergence and
divergence across systems of government means that Australia and countries
such as the United Kingdom, Canada, New Zealand and others can look to one
another for models of good governance regulation and practice (Finn 1995;
Halligan 2003a, 2007a; Wettenhall 2005; and Rhodes et al 2009). The reform
of Australian public administration that is foreshadowed in Ahead of the Game
(see chapter 2, this volume) acknowledges the comparative lessons from other
jurisdictions (AGRAGA 2010: 64). Using governance comparisons and lessons
across jurisdictions to model governance reforms is another theme in several of
the following chapters, as is Australias debt to the influence of Westminsterbased ideas and conventions of government.
In what is sometimes called the Washminster model (e.g. Thompson 2001),
Australias system of government combines aspects of the American system
of a written constitution, separation of powers and bicameral legislature with
the British system of responsible government, ministerial accountability and
Westminster conventions. At the same time, there are questions of lingering
legal and political significance about the extent to which Westminster
notions are actually enshrined in the Australian constitutional structure, the
apparent non-applicability of such notions to Australian innovations in the
use of statutory authorities and state-owned enterprises, and the resultant
challenges to core tenets of associated doctrines such as individual ministerial
responsibility (Finn 1995: 1213). Together, they serve to highlight the limits,
limitations and uncertainties of Westminster theory and practice (Finn 1995:
1215, 229). Similarly, residual questions remain about the consistency of
Westminster-style machinery and doctrines with the progressive tightening of
public accountability measures that involve administrative review, the public
service and corporate governance (Bottomley 1997).
In other words, what is suitable under Westminster conventions for the
governance of a public service within a unitary system of government that is
based upon a constitutional monarchy, an unwritten constitution and the ultimate
supremacy of parliament does not necessarily translate fully to contemporary
Australian democratic, constitutional and political conditions. Even after 100
years of Australian constitutional jurisprudence, the High Court of Australia is
still hearing cases that explore the extent to which the doctrines, prerogatives
and conventions that relate to the Crown in right of the UK government remain
applicable to Australias constitutional system of government.8
8E.g. Australian Competition and Consumer Commission v. Baxter Healthcare (2007) HCA 38; Pape v.
Commissioner of Taxation (2009) HCA 23; and Momcilovic v. The Queen (2011) HCA 34.
32

This content downloaded from 129.78.139.29 on Tue, 17 Jan 2017 04:27:50 UTC
All use subject to http://about.jstor.org/terms

1. Dimensions of Governance for the Public Sector

An alternative to the view of an inevitable erosion or dilution of Westminster


principles of responsible government and good public administration is the
view of traditions under challenge that reshape reform as reforms reshape them
(Rhodes et al 2008: 472). In characterising recent developments in Westminsterbased systems, one set of public sector management commentators characterises
developments variously in terms of innovative ways of combining past
traditions with new organising principles of governance, and a convergence of
traditions as Westminster-derived jurisdictions wrestle with new challenges to
their understanding of governance, The result has been that a series of models
co-exist in some form of layers and sedimentation (Halligan 2010d). In the words
of Rhodes et al, it is not a question of in with the new, out with the old, but
of in with the new alongside key components of the old (2008: 474).

Conclusion
As presented in this chapter, governance in the public sector is the product of
different orders of governance within society and their underlying norms, all
of which impact upon one another to varying degrees. The design and practice
of governance in the contemporary public sector manifests itself through
hard and soft forms of governance that infuse the vertical and horizontal
governance interactions of public sector bodies, with multi-textured governance
relationships across and within different levels of government as well as with
others beyond government.
All of this occurs within an overall system of governance that itself draws upon
and interacts with other systems of societal, democratic and legal governance.
None of these things are captured fully for their own purposes or adequately
for overall evaluative purposes by focusing on select governance models (e.g.
government-centric models), features (e.g. structure and performance) or
outcomes (e.g. financial probity) to the exclusion of others that are of equal
significance. At the same time, different concepts of governance especially
public governance, public sector governance and corporate governance
retain their own settings and features that demand attention in their own right.
Accordingly, this books chapters collectively develop and present a kaleidoscopic
view of governance as a multi-level systemic, holistic and reflexive enterprise. It
is systemic in the sense that different components contribute to a system with a
coherent overall focus upon a unit of governance (e.g. a nation, its public sector,
or bodies comprising it) that itself interacts with other systems of governance.
For example, the governance of each public sector body is conducted within a
system of governance for the sector as a whole, which itself sits within wider
systems of political, legal, and socio-economic governance (chapters 17).
33

This content downloaded from 129.78.139.29 on Tue, 17 Jan 2017 04:27:50 UTC
All use subject to http://about.jstor.org/terms

Public Sector Governance in Australia

Next, governance is holistic in the sense that it is a multi-layered and multitextured enterprise, to be considered and practised on a range of levels that are
distinct from and yet also related to one another. For example, both the design
and implementation of governance arrangements for particular public sector
bodies and the appointment and staffing at senior levels for public sector bodies
must be understood within a broader system of federal public sector governance
that is observed from central, organisational, and community stakeholder
viewpoints (chapters 49).
Finally, governance is reflexive in the sense that its values, practices and
other features both shape and are shaped by their surrounding environment,
through multiple points of interconnectivity. For example, the different
phases of Australian governance reform from the late-twentieth century to the
early twenty-first century have an impact upon different central and agency
conceptions of governance (chapter 2), just as the governance of particular
kinds of public sector bodies is responsive to both state-centred and societyinclusive dimensions of public governance (chapter 3). This reflexivity extends
from systemic and institutional levels to organisational and individual levels
too, with the accountability of public servants evolving to include their
internalisation of public sector values and professional ethics, in addition to the
norms served by traditional external scrutiny (APSC 2009b: 6).
Such a view of governance means that the more that we can appreciate how
the different aspects of governance bear upon one another, the better that we
can understand and practice it in all of the discrete ways that matter to those
engaged in the work of governance, especially the business of government.
Accordingly, our understanding of Australian public administration and its
changes over time cannot be compartmentalised away from these influences.
Understanding public governance, public sector governance and corporate
governance on their own terms as well as in relation to one another is essential
for the discussion of different aspects of governance in this and the following
chapters. Using this opening discussion as a platform, the next chapter explores
in more detail the evolution of the different forms of governance that are related
to Australias system of government and the role of public administration in it.

34

This content downloaded from 129.78.139.29 on Tue, 17 Jan 2017 04:27:50 UTC
All use subject to http://about.jstor.org/terms

You might also like