Dimensions of Governance For The Public Sector
Dimensions of Governance For The Public Sector
Dimensions of Governance For The Public Sector
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Governance in Australia
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Macro
Meso
Government `
Micro
Corporate governance
a
Organisation
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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).
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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
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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.
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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.
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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.
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Focus
Example(s)
Liberal democratic
government
Constitutional system of
democratic government in
Westminster-based systems
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)
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.
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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.
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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).
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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.
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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).
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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.
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