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Performance, conformance
and good governance in the
public sector By Peter Bridgman,* Director,
Decisive Consultants Pty Ltd
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Key Issues RISK MANAGEMENT continued
everything in organisational life,4 but governance context. Public officials serve the government of
will only be diluted to meaninglessness if we the day in a non-political way, but emerging
forget it rests alongside other complex ideas of political issues, the point in the political cycle,
organisational management and performance. In political priorities and the ideas and skills of the
that regard, governance is very like planning, minister are key issues affecting agency
policy and ethics. governance.
To explore fully the meaning of governance, There is no more dramatic governance impact
and how its stands in relation to conformance and in the public sector than major machinery of
performance, some fundamental points about government changes, often happening after an
governance can be stated. election (whether the government is changed or
It is very doubtful that good governance returned). Departments are merged or split or even
causes good performance — the relationship is abolished. Ministers and parliamentary secretaries
probabilistic: a well-governed organisation has a change. Chief executives move. Responsibility for
better likelihood of good performance than a legislation is redistributed.
poorly governed one. The relationship also has Dynamic
reciprocal elements: good performance is likely to
It follows that good governance is not static, but
facilitate good governance. Any contest around
changes and adapts with context. The most
this idea is fuelled by divergent views about the
common failing is to focus on compliance at the
causal relationships between performance and
expense of performance improvement and good
management processes.
decision-making. As discussed below, the public
Compliance also stands in non-linear and
sector is particularly exposed here, although
reciprocal relation to performance and
current experience with Australian small-to-
governance. It is clear that compliance alone is
medium enterprise governance indicates the
insufficient for high performance or good
corporate sector also struggles to elevate their
governance. But can one assert confidently that a
governance dynamic above the rudimentary.
habitually non-compliant organisation is less
likely to succeed than a usually-compliant one? Governance principles and themes
Organisational The Australian community had the complexity of
The first key point is that governance is an public sector governance laid bare to it by the
organisational construct. That implies formal Coombs Royal Commission on Australian
structures, reporting relationships, and Government Administration, which reported to
organisational forms such as hierarchies. It also the Federal Government in 1976. The Commission
means people and, therefore, governance is about found the Australian public service (APS) to be
human behaviour. overly centralised, hierarchical, rigid and over-
Contextual structured. Since 1976, the APS has been reformed
The next key point is that governance takes place dramatically, and now invests a great deal in good
in the organisation’s context. Relevant factors to governance.
governance of an organisation include: In Queensland the Fitzgerald commission of
• its strategic purpose and the substance of its inquiry into ‘Possible Illegal Activities and
work Associated Police Misconduct’ recommended
• its place in the organisation’s life cycle significant structural reform, including creation of
• its geographical place the Electoral and Administrative Review
• its scale, and relationships to other Commission (EARC) charged, over a short period,
organisations with systemic reform of public administration and
• its financial and physical resources (and, in the other matters. Queensland ‘lagged well behind
commercial sector, fiscal data like the other Australian jurisdictions in administrative law
price–earnings ratio) reform and in the structure of its public service’.5
• its immediate past and its planned future This is no longer true, and public sector
• its current and past reputation governance is far stronger now than it was before
• its dependence on key personnel Fitzgerald and EARC.
• the influence of stakeholders and their That is not to deny the obvious governance
presence in the organisation’s operations (and challenges. Peter Forster’s Health Systems Review
shareholder value for the commercial sector) Report6 recommended significant governance
• external pressures that are bearing on the changes, administrative improvement and
entity. reprioritisation in Queensland Health. The
Queensland Audit Office7 and the Ombudsman
In the public sector, politics is an important regularly suggest improvements to governance
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problems and serve the community to the highest The idea of a ‘community service obligation’14
standard. At their worst, they may supplant the has been an important reform to budget
duty to serve the government of the day and place accountability over recent years, improving
loyalty to the department ahead of serving elected transparency of cross-subsidisation by government
leaders and citizens, undermining policy trading entities.
initiatives and leading to serious reputational Independent
damage.
Public officials are expected to be ethical and
Sphere of activity independent. This typically is expressed as offering
Institutions are created for specific purposes, and ‘frank and fearless advice’. Yet public servants are
their remit is a major determinant of governance also expected to be responsive to the government
priorities. The governance challenges of arts and of the day and to citizens whom they serve on
culture bodies (for example, Arts Queensland, behalf of the government. This formulation is very
Queensland Arts Gallery, Queensland Performance different from that expected of commercial
Trust, Pacific Film and Television) are enterprises, and representative or community
fundamentally different from those faced by organisations. The governance differences —
Education Queensland, even though they sit in the especially about to whom employees, managers
same portfolio.12 The differences are driven in part and leaders account, and the manner of
by scale, but also by organisational purpose and the accounting — are stark.
web of relationships necessary for the purpose, and Interdependent
the expertise needed to deliver outcomes.
While independence is a well understood
Large uniformed work forces such as the
tradition, public entities are also interdependent.
Queensland Police Service, Corrective Services,
There are many other agencies with which a
Brisbane City Council local laws officers and
department must relate: the Treasury; the
emergency services present some interesting
Premier’s Department; the accountability bodies
governance challenges, especially in the exercise
listed above; other departments with overlapping
of discretion over individual cases in the context
or competing responsibilities; state, territory and
of a large body of rules, procedures and policies
Commonwealth counterparts. This
and very strong hierarchies.
interdependence is effected at multiple levels,
Hierarchical from ministers and chief executives, to cabinet
Public service departments are inevitably liaison officers, to line managers, regional
hierarchies. managers and accounts clerks.
Other organisational forms include markets, The development of shared service providers
partnerships, networks, and matrices. All exist in the has drawn a vast number of corporate service
real world, and are manifest to some extent in big functions into a new environment where there are
organisations like government departments. many overlaps, and collective departmental
Importantly there are both formal and informal responsibility.
arrangements, especially networks, and these Many policy objectives of government are
influence culture and information flows. But the achievable only through inter-agency cooperation.
building blocks of public institutions are hierarchies, Knowing that governing one public sector agency
driven mainly by the position classification, derived is complex, it follows that governing inter-agency
in turn from assessed work value. activity is challenging too. Chief executives are
There is more on this point below under the accountable for their own agencies’ activities, and
heading of ‘The problem of many masters’. cannot pass that accountability to someone in
Budgetary another agency. As a result, considerable thought
and planning should be put into governance of
Most government entities are allocated a budget
inter-agency activity, possibly with the
through centralised budget processes. This has
development of special purpose governing
important implications13 and points to differences
structures, designed to guide the agencies towards
from other sectors. Fiscal accountability is driven
joint outcomes while maintaining the good
by government criteria, through executive
governance of every agency involved.
government and parliamentary processes.
Government business enterprises, whether The problem of many masters
incorporated (GOCs), administratively formed
The Queensland public service concentrates
(commercialised business units) or statutory
governance responsibility in the chief executive15
bodies, have dual sets of accountability, some
(also called the ‘accountable officer’ for financial
under corporations law, and others under internal
management purposes16). Thus there is often only
rules about fiscal performance and return on
one master, usually the director-general of the
investment.
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Governance Performance
Compliance is absolute
No-one understands what is happening Challenge is to categorise
Rules have broken down Reducible; measurable
Only action changes the dynamic Visible causes — identify and categorise
Static — categorise and report
Crisis Compliance
Governance Performance
Crisis Compliance
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leader’. From time to time, if a person has the their interactions are so numerous it is difficult to
knowledge and skills and the situation demands it, predict the outcome of a change:
then the person will be called on to act as a leader Just as a few simple rules and a small number of
— or as an administrator. variables can create a complex adaptive system,
Conformance, performance and governance can small reductions in the number of variables and
only be achieved when all organisational roles rules can have dramatic and nonlinear impact in
operate together, because they are interdependent. If reducing the complexity of a system… When
compliance systems fail, an changes are made, unintended side effects can
occur that may be beneficial or detrimental.22
organisation will not be
focused on performance or Interventions in complex systems should
governance because it will be Public sector address the number of agents or the number
managing a crisis. Rapid of interactions, or aim to reduce the number
leaders can make
action is needed to bring order of rules or variables. Interventions may be
and stability, so that local or systemic. But typically, changes are
a real difference
judgement and discretion experimental, precisely because of the
become meaningful. through some unpredictability. Therefore the changes might
Parts of organisations can be small.
be in crisis while the balance carefully targeted The aim is always to improve the good
are functioning healthily: a governance return on the significant
riot in one prison does mean interventions investment made in compliance and
the entire correctional system performance systems.
of the state fails, unless the to reduce
Management action
crisis is not acted on,
complexity, Public sector leaders can make a real
stabilised, order restored, and
the underlying case and effect difference through some carefully targeted
improve
relations investigated interventions to reduce complexity, improve
(complicated system) or organisational predictability and make better
organisational
judgement applied to improve use of resources.
the prison’s management predictability and Align and integrate reporting and
(complex). planning
The domains are a key to make better use
One of the greatest investments in public
improved governance, sector governance is mandated reporting and
performance and compliance. of resources.
planning: strategic plans, ICT strategic plans,
Knowing that complexity business plans, personnel development plans,
derives from the number of annual reports, ministerial portfolio
agents (stakeholders) and their interactions allows statements, Tridata financial reports, travel reports,
one to intervene in complex systems by changing election commitment reports … the list goes on.
the agents and the dynamics. Because the cause and Aligning processes, resources, personnel and
effect relationships are not known, however, accountability lines can have considerable benefits.
sometimes the consequences are unpredictable.21 But be warned: there may be resistance from within
Some actions and reforms the organisation and possibly from central agencies
and accountability bodies — even political criticism
Saying that good governance is complex is not an
at the Estimates Committee. Sudden changes need
admission of defeat. Understanding the nature of
support through out the organisation and with key
complexity, and how one can make sense of it,
reporting stakeholders. However, a plan staged over
allows organisational leaders and managers to
an extended period may be very successful, and
improve all aspects of governance, including
allow a more experimental approach, improving the
compliance and performance improvement, and to
chances of success.
intervene when change is needed.
Build resilience and agility
Most organisational interventions assume that
systems are complicated and therefore analysis is the If organisational design assumes ordered systems, it
key to change. Approaches like business process re- also assumes a higher degree of stability than reality
engineering, quality circles and total quality suggests. It is possible to build a nimble
management might work in a regimented or ordered organisation, one that is agile and resilient when
environment. confronted with change.
But complex issues are not amenable to analytic One intervention is to embed change in the
intervention because analysis does not comprehend organisation’s processes: things are changed
un-order, and because the number of agents and periodically to ensure that staff are able to respond.
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This should not be change for its own sake, but a The desire for completion is powerful in most
well considered series of developments that will people. Complexity makes completion harder to
enhance productivity and performance as well as see, and those who work with complex issues are
building agility and resilience. less likely to see matters to completion. The less
Regular exercises and simulations certain the environment, the more management
complementing strategic planning and scenario should provide operational stability and build
(future) planning can also assist. sophisticated feedback mechanisms.
Managers also have capacity to reduce the
A final word
ever-growing body of rules that govern
organisational behaviour, a bit of red tape The policy settings surrounding good governance
reduction for the public service. There is a in the public sector are themselves complex. There
tendency for procedures, protocols and practice is a national trend to creating specialist
guidelines to be cumulative, adding to the accountability bodies, increasing the number of
complexity of governance, and diminishing stakeholders in good governance. The audit
coherence. Rules are often particular when they mandate has continued to expand; accounting
might be based on principle and personal methods have become more and more technical;
responsibility. governance practice varies from agency to agency
Organise for change as a result of increasing devolution from the
centre.
Organisational structure can be a significant
Policy challenges include reducing the volume
impediment to dealing with complex issues. Most
of rules; integrating the accountability
public sector departments are organised
institutional arrangements; reducing the number
functionally: a division or unit is charged with a
of interactions required to address governance
particular responsibility, revealing an assumption
issues; allowing budgetary flexibility so that
that systems are orderly, sometimes contrary to
departments can experiment with reduced risk of
evidence. The larger and more diverse the
governance failure.
responsibilities, the more specialised the
organisational units are likely to be. Specialisation
This article was originally delivered as a paper at
limits capacity to deal with issues outside the
Chartered Secretaries Australia’s Public Sector
narrow framework.
Update in 2006.
Complex issues need to be viewed from more
than one perspective, and to accommodate the
* BA (Hons), LLB(Hons), FAIM, MAICD. Peter
range of stakeholders and interactions.
Bridgman can be contacted on (07) 3255 3556 or at
Organisational design should contemplate
peter.bridgman@decisiveconsultants.com.au.
perspective shifting as issues are analysed.
Including one or more units that are organised in
different ways encourages creativity (a rare Notes
commodity in the big organisations!). The most
1 This article uses the terms compliance and conformance
common organising feature of this type in the interchangeably.
Queensland public sector is the policy or research 2 Compare, eg, Briggs, L. (2005) APS governance: Keynote
unit. But these units are also relatively specialised, address to Department of Employment and Workplace
and often populated by staff with a narrow band Relations Governance Workshop. Retrieved 14 August
of professional qualifications, skewing perspectives 2006 from http://www.apsc.gov.au/media/
and often limiting the range of options. briggs220205.htm
3 Internet searches on the word ‘governance’ with
Manage for complexity
Amazon.com returned 5294 results; Google, 405 million
Assumptions of predictability and order run results. Retrieved 19 August 2006
strongly though any large organisation. The 4 Compare Wildavsky, A. (1973) ‘If planning is everything,
Queensland public service is no different, and maybe it's nothing’, Policy Sciences 4(2): 127-53
rarely manages in contemplation of complexity. 5 Preston, N. (1999) Public Sector Ethics in Queensland
Managing for complexity requires Since Fitzgerald, Australian Society of Archivists
Conference. Retrieved 14 August 2006 from http://
acknowledgement of context, realisation of the
www.archivists.org.au/events/conf99/preston.html
potential for multiple stakeholder involvement,
6 http://www.health.qld.gov.au/health_sys_review
and understanding of the many interactions that
/final/default.asp
can influence outcomes. This entails a great deal
7 Significant good governance papers include Corporate
of ambiguity, and organisational leaders will do Governance Beyond Compliance http://www.qao.
well to identify and foster tolerance for ambiguity qld.gov.au/publications/document/AGReports/9899/
in key staff, because these are people with capacity report7.html and Review of Corporate Governance
to develop judgement in the face of uncertainty. http://www.qao.qld.gov.au/publications/document/
AGReports/0102/report1.html
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8 Explanatory notes:
http://www.legislation.qld.gov.au
/Bills/51PDF/2005/SerDelPerComB05Exp.pdf
9 Compare investment in policy effort: Bridgman, P.
& Davis G. (2004) The Australian Policy Handbook
(3rd Ed). Sydney: Allen & Unwin, pp 148-149
10 Industrial representative form (employer or
employee unions) is inconsistent with the
independent and non-partisan character of the
public sector. Family form amounts to nepotism.
Church form is constitutionally problematic.
Community entities respond to local interests,
not the broad public interest through the
government of the day.
11 Total of 691. Accessed on 12 August 2006 from
http://governmentbodies.premiers.qld.gov.au/stat
/list-board.html?list=all
12 Portfolio structure as at 29 August 2006
13 see ANAO (2000) Applying Principles and Practice
of Corporate Governance in Budget Funded
Agencies. Retrieved 15 August 2006 from http://
www.anao.gov.au/WebSite.nsf/Publications/
4A256AE90015F69B4A256975008291CA
14 Queensland Treasury (1999). Community service
obligations’ A policy framework. Retrieved 18
August 2006 from
http://www.treasury.qld.gov.au/
office/knowledge/docs/community-
service/community-service.pdf
15 Public Service Act 1996 sections 46 to 58
16 Financial Administration and Audit Act 1977
sections 34 to 36B
17 Eg Senior Executive Conference of the
Queensland Police Service; Executive Business
Team of the Department of Industrial Relations.
GOCs and government companies and many
statutory bodies have collective governing boards
18 “Effective complexity”, a cognitive development
of Kolmogorov complexity in mathematics’. See
eg Gell-Mann, M. (1994) The Quark and the
Jaguar: Adventures in the Simple and the Complex.
New York: WH Freeman & Co; Gell-Mann, M.
and Lloyd, S. (2003) Effective complexity. Santa Fe
Institute Working Paper 03-12-068. Retrieved 12
August 2006 from
http://www.santafe.edu/research/
publications/workingpapers/03-12-068.pdf
19 Compare Kurtz, C.F. and Snowden, D.J. (2003)
‘The new dynamics of strategy: Sense-making in
a complex and complicated world’, IBM Systems
Journal, 42, 462-483; Snowden, D. (2002)
‘Complex acts of knowing: Paradox and
descriptive self awareness’, Journal of Knowledge
Management 6(2), 100-111.
20 Global Development Research Center Promoting
Good Governance. Retrieved 10 August 2006 from
http://www.gdrc.org/u-gov/doc-oecd_ggov.html
21 Eg Smith, M., and Feied, C. (n.d.) ‘Design of an
emergency department process’. Retrieved 17
August 2006 from
http://www.necsi.org/guide/examples/er.html
22 Smith & Feied G
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