CSIRO Submission to Commonwealth Financial Accountability Review
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CSIRO Submission to Commonwealth Financial Accountability Review June 2012 Executive Summary CSIRO welcomes the opportunity to comment on the proposals outlined in the Commonwealth Financial Accountability Review Discussion Paper Is less more? Towards better Commonwealth performance and to suggest other potential reforms. The key points in this submission are: • Governance and financial management arrangements should be driven by strategies to improve the delivery of government policies and programs. The strategy will inform issues like the balance between centralisation and devolution, how entities and governance arrangements are structured to add value, the application of risk based approaches and level of detail required at various levels for decision making, and performance monitoring and reporting. • To achieve effective governance, the Australian Government’s financial framework should clearly articulate the roles, relationships and accountabilities of elements within the framework. The various elements should form a closed resource management and performance cycle. • The proposal to introduce single, principles-based legislation may be appropriate provided it enables a variety of ‘fit for purpose’ governance arrangements. • Board-governance arrangements are an effective way of achieving transparency and accountability, particularly where the entity is engaged in public good and commercial work and where an element of independence is required to fulfil its functions and build community confidence. • Boards of appropriately qualified directors bring knowledge, experience and governance competencies to the delivery of government programs. • The Government should continue to appropriate to outcomes. Outcomes provide a clear statement of the intent of the Government and the expectations of the entities who deliver their policies and programs. Accountability comes from having a clear view from the outcomes funded by Government and strategies pursued by the entity to the benefits delivered. Appropriating to outcomes provides a basis for cross- portfolio or cross-government collaboration and more integrated resource management. • Government funding of outcomes is particularly important and appropriate for an entity where a Board will determine the direction and strategy of the entity and will be accountable for an entity’s performance. • Long term funding commitments (four year) are required for effective planning in a research environment and ten years plus commitments are required for research infrastructure development. • The capacity to facilitate integrated resource prioritisation and management and to fund government objectives that cross portfolio and organisational boundaries should be pursued. Flexibility with accountability is required for the Government to act in an integrated and coordinated way and to address national challenges. Contact: Ms Hazel Bennett Chief Finance Officer CSIRO PO Box 225 Dickson ACT 2602 Tel: 02 6276 6633 Email: hazel.bennett@csiro.au CSIRO Page 1 of 16
CSIRO Submission to Commonwealth Financial Accountability Review CSIRO welcomes the opportunity to comment on the proposals outlined in the Commonwealth Financial Accountability Review Discussion Paper Is less more? Towards better Commonwealth performance and to suggest other potential reforms. The Review is a valuable and timely contribution to public policy and has the potential to genuinely enhance government operations. The Discussion Paper canvases a number of important issues with respect to the efficiency and effectiveness of funding arrangements, governance, performance and accountability. A number of these are whole of government in nature and extend beyond the operations of CSIRO but may nevertheless have implications for the Organisation’s ability to fulfil its functions. The CSIRO submission comments on the following areas: • Effective Governance • Integrated resource prioritisation and management • Devolution and centralisation • Program delivery, accountability and risk • Other Potential Reforms • Framework for the Future The submission includes two case studies: the Governance of CSIRO (Attachment 1) and the National Research Flagships Program (Attachment 2). Specific comments on the proposals outlined in the Discussion Paper are at Attachment 3. The observations and comments are from the perspective of CSIRO, established and constituted under the Science and Industry Research (SIR) Act 1949 and operating under the Commonwealth Authorities and Companies (CAC) Act 1997. Effective Governance CSIRO has considered the governance reforms in the Discussion Paper from first principles and in the context of CSIRO’s current governance arrangements, as summarised in Attachments 1 and 2. In this context, we referred to the description of governance provided in the Review of the Corporate Governance of Statutory Authorities and Office Holders (Uhrig Review) in 2003: “Corporate governance encompasses the arrangements by which the power of those in control of the strategy and direction of an entity is both delegated and limited to enhance prospects for the entity’s 1 long-term success, taking into account risk and the environment in which it is operating.” From CSIRO’s perspective, the insights for the governance proposals outlined in the Discussion Paper are: • It is important that governance and financial management arrangements are driven by strategy not structure and focus on delivering benefits (impact). Strategic goals can often be more effectively achieved through collaboration and goodwill, and by empowering the managers to manage, than introducing additional governance or operational structures. • Legislative and other reforms should recognise the benefits of a Board-governance model for entities that operate across the public-commercial domain, especially where the community requires confidence in the impartiality and integrity of the work of the entity. o Boards of qualified directors bring knowledge, experience and governance competencies to the delivery of government programs. • Directors should continue to be required to act in the entity’s long-term interest and to take into account risk and the environment in which the entity is operating. o As with the private sector, directors should continue to be held accountable for exercising a duty of care and for the entity’s performance. 1 Review of the Corporate Governance of Statutory Authorities and Office Holders, June 2003 page 2 CSIRO Page 2 of 16
• Legal cases involving director duties under Corporations Act inform directly the conduct of public sector (CAC Act) boards, so consistency will enhance governance practices. • Common or consistent governance principles and requirements will enhance public understanding of the transparency and accountability of government operations. • Approving and funding ‘outcomes’ aligned to the policy intent and expectations of the Government and then allowing the entity flexibility to determine its strategies to achieve those goals is a responsible and effective approach. Entities will also have flexibility to respond to emerging issues, reprioritise activities and ultimately improve the quality of outcomes and deliver those outcomes ‘on brief, budget and time’ as approve by the Government. • Multi-year funding arrangements provide stability for effective planning in a research environment; and allowing entities to carryover amounts and to retain money saved in any period provides an incentive for 2 better resource management. • Managing programs with broad cross-portfolio government objectives, within existing entity and governance structures (such as CSIRO does for the National Research Flagship Program) is an effective and efficient approach. o The formation of new or additional entities can add structural complexity and costs to Government. o Program delivery arrangements involving new entities or formal joint ventures can reduce the line of sight a Board has of the organisation’s commitments, risks and performance. In some circumstances, it may be better to rely on existing management controls within the entity and its overarching governance framework, than to form new and potentially less efficient arrangements. CSIRO supports initiatives that provide “participative and networked arrangements” and which “will help make the public sector more connected and agile and better placed to address complex problems in an uncertain 3 environment”. Integrated resource prioritisation and management A key success measure for the revised financial framework will be its capacity to facilitate integrated resource prioritisation and management. The comment in the Discussion Paper on the community expectation that governments will act in an integrated 4 and coordinated manner resonates with the strategic advice CSIRO has received over the past decade, which led to the leadership role CSIRO has played through the National Research Flagships. CSIRO would like to see the Review continue to pursue mechanisms to prioritise and manage resources more flexibly across portfolios and direct them towards whole of government solutions. Looking at challenges and opportunities through such a lens will potentially identify and provide the means to resolve conflicting objectives, avoid fragmentation and waste, and minimise transaction costs involved in arguably competing processes. Certainly in the national innovation system in which CSIRO operates, challenges like climate adaption, preventative health and food security require whole of government responses that are best delivered through integrated resource prioritisation and management. CSIRO’s experience is that our research and science-based advice often has broader government applications and our capacity to deliver benefits often depends on our ability to form partnerships which cross boundaries. CSIRO (and others) could engage earlier and more efficiently with a mechanism that is focused on achieving 2 This is consistent with the comment on page 46 of the CFAR Discussion Paper - Is less More? Towards better Commonwealth Performance Commonwealth Financial Accountability Review, March 2012 3 CFAR Discussion Paper, page 4 4 CFAR Discussion Paper, page 1 notes: “In addition, community expectations of government have changed. Citizens expect the government to act in an integrated and coordinated way and to respond to increasingly complex issues efficiently and effectively. They expect services that meet their needs, rather than services that reflect organisational structures and boundaries.” CSIRO Page 3 of 16
outcomes through resource integration across the whole of government; and provide more effective advice on the possible research dimensions which look beyond current structural boundaries. Recognising the complexities of the Government’s financial framework, an issue is whether the framework needs to better support the Government’s capacity to marshal and direct capability to deliver Government policies and programs. There is probably no simple solution across government however, at an entity level, CSIRO applies governance and funding solutions to direct the deployment of resources for the delivery of programs. Within CSIRO, most staff are deployed from their capability home (Divisions) to work on one or more Flagships that deliver outcomes. Funding is directed primarily at outcomes (Flagships) and not inputs. A key role of the Organisation’s Executive leadership is to establish the overarching strategy as the context within which the Flagships establish their objectives and outcomes, and then to monitor progress against goals through the performance measurement framework. The roles and accountabilities of key positions within CSIRO reflect these operational relationships and emphasise collaborative behaviours necessary to successfully achieve the organisational outcomes. CSIRO considers that there are a number of propositions in the Discussion Paper that are potentially conflicting and need to be reconciled to achieve this integrated resource prioritisation and management, such as: • Simplify the appropriation bills by no longer appropriating to outcomes, but with outcomes retained in the performance context (page 3) • Structure the financial framework to allow for more integrated portfolio governance • Recognise in the financial framework legislation that the responsibilities of office holders, management and staff can extend beyond their individual organisations to delivering wider government objectives, including joint activities. • Structure the financial framework to allow for pooled funding arrangements and for appropriated amounts to be more readily redistributed among entities pursuing shared objectives. (page 4) In terms of resource management, the first proposal appears to be at cross purposes to the other proposals because outcomes provide a basis for cross government collaboration. (The point in the Discussion Paper about outcome statements being too high level and the information becoming “more voluminous and 5 complex” is a secondary issue.) From the perspective of first principles, outcomes also provide a very clear statement of the intent of the Government and the expectations of the entities who deliver their policies and programs. Accountability comes from having a clear view from the outcomes funded by Government and strategies pursued by the entity to the benefits delivered. By appropriating to outcomes, entities can contribute to outcomes irrespective of portfolio or organisational structure boundaries. The entities in turn should be accountable for their contribution to appropriately constructed cross-portfolio or organisation strategies and activities. Under a more integrated financial framework it should still be possible to assign cross-portfolio accountabilities, including Ministerial accountabilities. This is obviously much easier within an entity but essentially collaborations work best when parties are open about shared costs, risks and benefits. Success depends on addressing behavioural aspects (i.e. who gets credit or blame, authority, etc). There is a risk with any arrangement that lines of accountability are not clear, which leads to poor decision making. Hence, the importance of role clarity within the framework. Furthermore, the financial framework needs to allow entities the flexibility to reprioritise the use of appropriation funds to deliver better quality outcomes ‘on brief, budget and time’ and respond to emerging issues. This should be possible provided the entity is transparent and accountable for variations and does not change the intent of the outcome approved by the Government. 5 CFAR Discussion Paper, page 3 CSIRO Page 4 of 16
In term of financial accounting, the Discussion Paper includes a discussion on the influence of accrual 6 appropriations and accounting on resource management. The discussion goes to what information the Government needs to responsibly manage resources and programs and the implications of accrual accounting for different types of entities within the framework (e.g. companies and agencies). Certainly accrual accounting enables entities to understand their financial position and to fully cost projects. Visibility of the cash position is also important for considerations of liquidity and for example, the capacity to fund items such as asset replacement and employee liabilities as they fall due. As to whether accrual appropriation supports or constrains better resource management, the more critical issue is the need to have all financial levers aligned to the same underpinning financial framework as inconsistency between cash and accrual based information will obscure transparency and may sub-optimise decision-making. Devolution and centralisation The Discussion Paper articulates the dilemma: “The shift to devolution and greater managerial freedom continues to yield benefits in innovation, adaptation and responsiveness. However, there have been, and continue to be, shortcomings in the public accountability mechanisms required to balance the increased managerial flexibility” (page 32) The Paper then goes on to discuss having an “increased strategic capacity at the centre” (page 32) and consider: “how the framework can provide an appropriate balance between devolution and centralisation, with the appropriate level of accountability. The nature and extent of direction from the centre necessary for the Commonwealth to operate as a coherent whole is an important consideration” (page 33). CSIRO’s experience suggests that the balance between devolution and centralisation is primarily about governance, how to direct and manage government operations, rather than the financial framework. An over emphasis on financial aspects could indeed work against the more fundamental governance objectives. The balance is also about clarifying roles, relationships and accountabilities. Essentially, what the ASX principles 7 refer to as ‘lay solid foundations for management and oversight’ and ‘structured boards to add value’. The framework needs to recognise that the balance between devolution and centralisation will also vary according to the nature and maturity of entities within the framework and that is appropriate. From the perspective of first principles, the key role of the centre is in establishing the policy settings and objectives and then advising Government on the overall resource implications and planned outcomes, establishing parameters within which entities operate and reviewing the delivery of outcomes (such as through lapsing program reviews), i.e. providing an integrated resource management and performance cycle (closed 8 loop approach) . The leaders of the entity are responsible for delivery, i.e. implementing an effective governance framework, determining the strategies of the organisation, managing the operations and monitoring performance right through the delivery cycle to the achievement of the outcomes expected and established by the centre. The entire process, both centralised and devolved, is then supported by assurance mechanism, such as the role of the ANAO. The centre also adds value to the assurance process by looking at performance across government (an important and distinct role that complements but doesn’t seek to duplicate the performance monitoring within entities); and by providing the overarching resources and training. 6 CFAR Discussion Paper, page 23 notes: “Cash appropriations, based on the net annual cash requirement of an entity, would simplify appropriations. They could be structured to have no impact on accrual accounting and financial reporting by appropriating against an entity’s cash flow statement. This would also facilitate a clear read between appropriations and annual financial statements.” 7 Corporate Governance Principles and Recommendations with 2010 Amendments 2nd Edition ASX Corporate Governance Council, page 10 8 See section on Implementing a Integrated Resource Management Cycle in CFAR Discussion Paper, page 42 CSIRO Page 5 of 16
The CSIRO case study at Attachment 1 shows devolution with accountability is an appropriate model for delivering within the Government’s financial framework. In defining the balance between centralisation and devolution, the test should be whether or not the elements add value to an overall framework and do not detract from or diminish the accountabilities of others. Part of the problem with the current framework is the proliferation of government entities and fragmentation of control. There are some 110 FMA Act agencies and 84 CAC Act entities. This does not include related joint venture entities or reflect the way entities co-invest in collaborative programs. The extent to which the current framework is necessitating this fragmentation goes to the previous section in this submission on the need to have a framework that facilitates cross-portfolio and jurisdiction arrangements without necessarily forming more structural entities. Program delivery, accountability and risk Understanding risk is fundamental to program delivery and program design is probably the key measure for determining risk. By its very nature scientific research and the discovery and innovation process involves risk. Whilst the scientific process and sound commercial practices mitigate some risk, there is always the prospect that the outcomes will not be achieved. Market theory tells us however that ‘riskless approaches’ will lead to lower returns or impact. Nothing ventured, nothing gained. The point where policy makers, program managers and politicians need to exercise judgement is in balancing risks and benefits, and in understanding the quantum of waste or loss that they can bear. This judgement will inevitably depend on their risk appetite that should be based on a proper assessment of the risks and opportunities involved in the economic, environment and social arena. The most effective way to mitigate risk is through sound governance - clarifying roles and accountabilities, empowering those roles, and closing the loop through effective performance monitoring and reporting. The way to address “shortcomings in public accountability” is through better practices and being transparent and open from the top down about risk. In principle, CSIRO supports the propositions in the Discussion Paper on risk. Although Cabinet / new policy proposals currently require consideration of risk, there is no risk framework against which entities should respond or the Government should measure or compare risks. A few dimensions of risk which are not in the Discussion Paper but could be considered are: • Aggregated risk: o The challenge of managing the integration of entity risk assessments and considering the implications of combined or aggregated risk (i.e. the whole is greater than the sum of the components and understanding an entity’s or government’s ability to respond if all risks materialise at one time). o The need to consider multi-entity risks involved in collaborative arrangements. • Government risk appetite: o In strategic planning, as well as articulating an entity’s risk appetite, it would be extremely useful to understand the Government’s risk appetite towards a certain position or approach. This could be articulated in Government policy, statements of expectation and the approval of new policy proposals. o Recognising the nature of politics, transparency about the risks on which a decision is based and how they will be managed may assist government communication. • Bipartisan position on risk: o For entities like CSIRO, given the long term and uncertain nature of scientific research and innovation, a bipartisan position wherever possible on the risk appetite would be invaluable. • Transparency about risk: o Government announcements could note the risk implications. CSIRO Page 6 of 16
Other Potential Reform The following are some suggestions for other potential reforms to improve government operations: • Government investment in research infrastructure, through entities like CSIRO, should recognise the strategic nature of the investment and long lead times involved in planning and delivery, which extend beyond annual and quadrennial cycles. Significantly once plans are approved, certainty of funding is essential to ensure that entire programs can be successfully completed and elements not left “stranded” due to inconsistent or absent decision-making. Such interruptions may lead to ineffective delivery of programs and sub optimisation of program outcomes. • If four year funding arrangements are in place then consider allowing entities the flexibility to deliver savings measures / efficiency dividends over that period, recognising that entities sometimes need to ‘invest to save’. This is particularly relevant after the continued application of the Efficiency Dividend where discretionary savings from “low hanging fruit” have been taken and entities need now to pursue more fundamental and innovative approaches to achieve sustainable improvements in cost containment and productivity improvement. Framework for the Future The Discussion Paper identified three broad but not mutually exclusive approaches for potential reform: − Upgrading the existing entity based framework − Strengthening portfolio governance arrangements; and − Strengthening the whole-of-government performance framework. In many respects this choice is not an issue of FMA Act or CAC Act. Many of the propositions may be possible without changes to the legislation. The risk is focusing too much on financial management aspects rather than the most efficient and effective way of directing, controlling (governance) and managing (integrated resource allocation) program delivery, and also of relying on process solutions and controls to what may also be behavioural issues. These factors influence our understanding and application of: • roles and accountabilities within the framework o flexibility and autonomy required by leaders to deliver programs successfully • the devolution of decision making o what decisions are appropriate at what level based on the information available and policy objectives • ability to identify and manage risk • ability to monitor performance and respond in a timely and effective manner • level and detail of reporting. CSIRO recognises that any approach will always be complicated by the political dimension and reality of dealing with the real and perceived expectations of the public with respect to accountability. As the Review continues, CSIRO will be interested in the implications for the Organisation’s role in the national innovation system. Like all entities, considering the propositions in both their specific and broader context will be important. We are also interested in how the framework might better support integrated resource prioritisation and management and program delivery, including cross-portfolio and cross-jurisdictional arrangements. Attachment 1. Case Study 1: Governance of CSIRO 2 Case Study 2: National Research Flagships Program 3. Specific Comments on Propositions in CFAR Discussion Paper CSIRO Page 7 of 16
Attachment 1 Case Study 1: Governance of CSIRO Australian innovation policy has long recognised the inherent risk in scientific research and development, and the associated investment. Currently, CSIRO as a separate legal entity has powers to act with a considerable degree of autonomy, scientific independence and commercial agility. CSIRO’s status as an independent legal entity enables it to conduct commercial activities and to protect its intellectual property, consistent with its statutory functions (i.e. conduct scientific research and facilitate its application). As a scientific body, it enables CSIRO be seen to be at arms’ length from government, especially with regard to the provision of independent scientific advice to government, industry and the community. Like other agencies, the Commonwealth Government funds a planned outcome-programs for CSIRO, as stated in the Portfolio Budget Statement. CSIRO’s funding submission to Government takes into consideration the findings of a Lapsing Program Review and CSIRO’s strategies for achieving its functions and delivering outcomes over the coming four years and beyond. The strategy is guided by what CSIRO has identified, in consultation Government and other stakeholders, as its distinct role in the national innovation system. Since the early 1990s CSIRO has been funded on a triennium, now quadrennial funding basis. This provides 9 “financial stability and an appropriate timeframe for scientific research planning” . CSIRO has a four-year funding agreement with the Government that outlines the outcomes and programs we need to deliver and our performance and reporting requirements. Organisational Governance CSIRO has operated with a Board and Chief Executive governance structure since 1986. In 2007, following the 10 2003 Uhrig Review , CSIRO’s governing legislation, the Science and Industry Research (SIR) Act 1949, was further amended to bring the governance arrangements even more into line with standard corporate practice such as the ability of the Board to appoint and terminate the Chief Executive. The Minister now also provides the Board with a Statement of Expectations. Today, CSIRO’s operations are enabled and supported by its governance and resource management but driven by its core purpose. CSIRO is structured to conduct scientific research and to work in partnership with industry and other research users to facilitate and encourage the application of the research results for the benefit of Australia. Consecutive strategies have been building the foundations and platforms for delivering programs in response to national challenges and opportunities. Our ability to deliver positive economic, social and environmental impact depends on a range of interrelated governance factors including our: • relationship with the Government (portfolio department, Minister and Parliament) • separate legal status and commercial agility • capacity to determine and pursue long term, sustained strategies • capacity to operate at a scale necessary to achieve results and to deploy and manage intellectual and physical capability effectively. Our governance arrangements enable us to: • achieve our legislative functions and deliver the outcomes and programs agreed and funded by the Government • form and manage commercial relationships whilst fulfilling our broader public good role • manage intellectual property in a manner which provides a platform for further research and development and delivers long term, sustained national benefits • manage collaborative, national research programs, which cross organisational and jurisdictional boundaries within existing governance arrangements (e.g. the National Research Flagship Program) • identify strategic and operational risks, articulate our risk appetite, and then manage risk based on an understanding of the business • monitor performance and be accountable for our decisions. 9 Quadrennium Funding Agreement between CSIRO and the Portfolio Minister and Finance Minister 10 Review of the Corporate Governance of Statutory Authorities and Office Holders, June 2003 CSIRO Page 8 of 16
11 If we look at the governance of CSIRO from first principles then some of the key advantages of this model for CSIRO and the Government include: • CSIRO is structured to “enhance prospects for entity’s long-term success, taking into account risk and the environment in which it is operating” o The power of the Board and Chief Executive to direct and control the entity is defined and transparent • Directors must act in the best interest of the entity (CAC Act Division 4) which inevitably requires looking beyond the normal political cycles and is highly appropriate for an organisation engaged in long term strategic research o This may create perceived tensions from time to time with the Government and with the implementation of other government programs but serves to reassure the community of the integrity of decision making within an entity like CSIRO. It is balanced effectively by the accountability of the Board to the Government and the ability of the Government to direct the Board in a transparent manner, if required. o Equating director and senior managers duties with those in the private sector (Corporations Act 2001), including the application of civil and criminal penalties, builds a common understanding of duties. It also encourages directors, in particular, to work across public-private sector divide and enables access to related competencies. • Organisational direction and strategies are informed by directors with private and public sector experience, commercial acumen and knowledge of sectors in which CSIRO operates. o This governance capability minimises risk to Government and helps ensure a focus on delivering outcomes (i.e. positive impact from the successful adoption of research results). • Accountability and responsiveness of directors and senior managers is enhanced by: o Proximity of decision makers to operations of entity and their intimate understanding of its environment o Capacity to monitor performance and flexibility to respond to changing circumstances. Program Delivery CSIRO has been pursuing a major strategic reform agenda for a decade. This has taken perseverance, continuity and resources. From the start, the Board ensured the reforms were based on good governance and the connection between governance, financial management, risk and return. The key ingredients were: • Role clarity and strategic purpose – CSIRO’s strategy was to position itself as a national provider of large scale, mission directed, multidisciplinary R&D focused on generating positive impact. i.e. not finished until research is applied, not science for science sake • Portfolio design and optimisation – articulation of CSIRO’s broad direction, based on an understanding of its potential research capability and national challenges and opportunities, necessitated a reduction in short term near market research and increase in longer term, higher risk research, with the explicit objective of looking to increase returns over the medium term while still delivering today • Enterprise resource allocation – application of an investment and prioritisation process based on criteria of relevance and impact • Performance management framework – line managers accountable for identifying and monitoring against key progress goals, with central executive oversight and external review. • Integrated Governance/Risk framework – clarifying direction and control through a coordinated operating model and statements of roles and accountabilities. • Professionalised enterprise services – focus on providing an integrated service to the business, not just support. The centre piece of the strategy has been the National Research Flagships program. The program is an example of a program, with a governance framework within the overarching CSIRO governance framework, marshalling capabilities through internal and external collaboration to deliver research outputs that address national challenges (see separate case study at Attachment 2). 11 “Corporate governance encompasses the arrangements by which the power of those in control of the strategy and direction of an entity is both delegated and limited to enhance prospects for the entity’s long-term success, taking into account risk and the environment in which it is operating.” (Uhrig Review, 2003) CSIRO Page 9 of 16
Attachment 2 Case Study 2: National Research Flagships Program Since 2000, CSIRO’s strategy has been to focus on addressing national challenges and opportunities and to differentiate its role in the national innovation system as Australia’s large scale, multi-disciplinary, mission directed science and technology organisation. This required a fundamental change to the way CSIRO operated. Prior to 2002 CSIRO worked through around 22 semi-autonomous, discipline-based Divisions which conducted science and managed commercial activities. In order to build the scale necessary to achieve results the Organisation had to change the way it invested resources; to work across internal boundaries and build a “one-CSIRO” culture, operating environment and support structures; and to partner better with government, other research bodies, commercial clients and the end users of research. At the same time, CSIRO needed to continue to develop its research capabilities, people and facilities, and maintain its reputation for scientific excellence. This led to the formation of the National Research Flagships program. The Flagships are R&D partnerships that bring together multidisciplinary capabilities from across CSIRO to work closely with research collaborators and partners in government, industry and the community to tackle national R&D challenges and opportunities. The Flagships are specifically designed to operate at a scale and over timeframes necessary to achieve results. Fundamentally and critically, the Flagships focus on delivering economic, social and environmental benefits (positive impact) through the successful application of research results. An initial investment in 2003 was the catalyst for establishing a small set of Flagships and the implementation of a governance framework, which also served to encourage further investment. The Government responded by providing $305m in new funding over 7 years in 2004 (including $97m for the Flagship Collaboration Fund) and an additional $174 million over 4 years in 2007. With funding from CSIRO and external revenue the total funding in 2009/10 was $535m (46% of CSIRO). Today, there are 11 Flagships in the areas of climate adaptation, energy, food, future manufacturing, minerals, preventative health, sustainable agriculture, wealth from oceans, and water management. Two new flagships in the areas of biosecurity and digital productivity and services commenced on 1 July 2012. The program will grow to 65% of CSIRO’s budget over the next 4 years till 2015. The program encompasses the Flagship Collaboration Fund. The main element of the Flagship Collaboration Fund is the Flagship Clusters, which facilitate the involvement of the broader research community in addressing the research goals of the Flagships. Clusters are funded through a competitive process administered by the Flagship program for 3 years but the relationships are enduring. To date 27 Clusters have been funded involving around 40 different national and international research institutions. The lessons from the evolution of the Flagship include: • Appoint an Executive champion (Deputy Chief Executive level) to lead the program and provide executive commitment and passion. • Establish a governance framework for the Flagships, within CSIRO’s governance framework, that recognised these are “National” Flagships involving a wide range of research and commercial partners and end users. o The framework includes a senior executive-level committee to oversight the overall program, Flagship Directors, Flagship Advisory Committees (external members) for each Flagship, and a robust performance measurement framework and external evaluation. • Articulate CSIRO’s Operating Model, which includes the Flagships, so staff and partners clearly understand the way CSIRO works. o Create Flagships as an operating unit in the organisation structure and define accountabilities of Flagships and Divisions. CSIRO Page 10 of 16
Divisions are custodians of capabilities that are applied to meet the objectives of Flagship and other themes that deliver outputs/outcomes. o Enable the deployment of capabilities to Flagship projects from a range of discipline / capability based Divisions, i.e. when a project finishes staff are redeployed to other projects. o Articulate and value respective roles and accountabilities Define roles for development, external engagement, project management and delivery, and capability development and management Appoint, empower and support the right leaders • Plan and invest at a theme (output) level rather than on a structural basis. Un-lock and redirect resources directly to Flagship themes (outputs) to target priority areas and change behaviours. • Promote positive behaviours (values) and celebrate success (e.g. recognition received by the Water for Healthy Country Flagship). An important calibration, as an Organisation, was to recognise the need to invest directly in capability to ensure Australia’s scientific preparedness. Specifically, this led to an additional, targeted investment in the development of ‘Transformational Capability Platforms’ on which future advances might be based. The evolution of the Flagships has involved considerable change, including to structures to breakdown ‘silos’, but has succeeded because they have been driven by the strategy. From the perspective of the Government’s financial framework, the program demonstrates the efficiency and effectiveness of managing a major program, designed to address national challenges and opportunities, within the existing governance framework of CSIRO and related processes and controls. The CSIRO governance framework, with its Board of directors, has line of sight over the direction and performance of the program. This enables transparency and accountability as well as flexibility and commercial agility. CSIRO may close a Flagship (or themes within a Flagship) if it has achieved its goals or won’t achieve its goals, and redirect those capabilities, without structural constraints. The capabilities, including research support, are housed in the Divisions or enterprise-wide Functions and available for redeployment. Intellectual property generated is managed as part of CSIRO’s overall portfolio, which might extend well beyond the life of the Flagship. The program also demonstrates that a complementary collaborative funding scheme can be managed efficiently within the program, utilising existing CSIRO processes and systems. CSIRO Page 11 of 16
Attachment 3 Specific Comments on Propositions in CFAR Discussion Paper All propositions • Legislative and operational reforms should: o Build on the strengths of the current frameworks with respect to their alignment with the corporate governance practices applied in other sectors. This would be consistent with the proposition of a single, principle based piece of legislation which enables a range of governance models within an integrated framework. o Recognise the importance of the governance and financial management arrangements as ‘an enabler’. They give the Government and community confidence that government objectives are being met. They support and facilitate the delivery of the functions (purpose) of government entities and their programs but are not necessarily an end in themselves. o In this context, recognise the ‘fit for purpose’ appropriateness and effectiveness of current governance models such as the Board model in CSIRO. • The criteria for what activities are delivered through different model could be reassessed on the basis of risk and complexity. o The cost effectiveness of operating small FMA and CAC Act agencies and authorities, with boards and audit committees, separate enterprise agreements, systems and processes would be considerable. Transparency and accountability Simplify the appropriation bills by no longer appropriating to outcomes, but with outcomes retained in the performance context. The implications of this proposition need to be further discussed. See submission. • Appropriating to outcomes is particularly appropriate where the entity has a board of directors, whose function is to determine the direction and strategy of the entity and who is accountable for the entity’s performance • Boards need flexibility to marshal resources to achieve the Government’s policy objectives (outcomes). Restructuring Portfolio Budget Statement to more closely align external reporting with internal planning and management reporting by entities. Disagree • Restructuring the PBS to align with internal planning would be problematic. • This proposal goes to the roles and accountabilities and the level of information required by different players in the framework to fulfil their responsibilities. • The expectation that someone centrally will be able to drill down from the PBS to internal management reporting is unworkable. • The onus should be on the entity to demonstrate how it’s internal planning and management reporting aligns with PBS and external reporting (transparency). Align standards better for preparing appropriation bills, Portfolio Budget Statements, annual reports and audited financial statements to enable comparisons and a clear read between budgeted and actual expenditure and performance. Supported in principle. • The ‘clear read’ principle should still apply. Develop criteria for establishing and reviewing special appropriations. No comment. Offer enhanced training and ongoing professional development to Parliamentarians and their advisers in relation to appropriations and other framework issues. CSIRO Page 12 of 16
Agree. Governance Arrangements Operate Commonwealth entities, which are not commercial in nature, from a single Commonwealth bank account. Entities like CSIRO should retain separate legal status and bank account. Apply directors’ duties based on those in the Corporations Act 2001 only to entities that are commercial in nature. Agree. This should include entities like CSIRO. • This is fundamental to the Board governance model. • It is part of the due diligence and value/risk proposition presented to the private sector when engaging in public-private partnerships to deliver government objectives. • The framework needs to recognise that directors must act in the best interest of the entity. o The implication being that the Government needs to define / delegate powers within which Boards operate and the ‘outcomes’ expected. But then allow Boards flexibility to determine strategies to achieve ‘outcomes’ and manage resources. o The framework should not dilute or evocate this authority and accountability by imposing inappropriate or additional oversight. • Aligning public and private sector corporate governance practice provides consistency, clarifies expectations and encourages directors to work across private and public sector domains. • It enables the public sector to build on broader corporate governance and Corporation Act rulings, i.e. there is a body of law to support the interpretation of director’s duties. • Entities need ‘fair dinkum’ boards that set direction and drive the strategy through a chief executive, who manages the organisation. Entities will not be able to attract top CEOs and directors if there is a disconnect between ‘accountabilities’ and the ‘power to act’; and if that ‘authority’ is subject to some central coordination or inappropriate oversight. • The framework needs to avoid blurring lines of accountability (re: the Discussion Paper on page 32 notes: “Departments play a significant role in advising and assisting ministers’ oversight of their portfolios. In recognising the role of departments, Ahead of the Game recommended that a departmental secretary should play a leadership role in the portfolio, although arrangements should not abrogate the statutory accountabilities of relevant entities and individual office holders.)” Structure the financial framework to allow for more integrated portfolio governance. • The Commonwealth needs to look at innovative ways to deliver government objectives that cross portfolio and organisational boundaries. See section in submission on Integrated Resource Prioritisation and Management. • In terms of portfolio governance, the roles, relationships and accountabilities of entities within the framework should be clearly articulated and structured to add value. o The prospect of imposing additional layers of oversight is neither efficient nor effective and works against the accountability of the entity. The onus should be on the entity to demonstrate to its Board or Chief Executive that the entity or program is being managed effectively. To monitor and address performance effectively you need ‘line of sight’ to the operations of the entity. Recognise in the financial framework legislation that the responsibilities of office holders, management and staff can extend beyond their individual organisations to delivering wider government objectives, including joint activities. Supported in principle. • This proposition needs to recognise that directors and senior managers in CAC Act entities are required to act in best interest of the entity. That requirement is not necessarily inconsistent with the proposition provided the responsibilities are transparent. Entities, like CSIRO, regularly enter joint venture activities where there is a shared commitment to a wider government objective. CSIRO Page 13 of 16
• A statement of joint ‘outcomes’ would potentially achieve this proposition without over engineering the financial framework. Structure the financial framework to allow for pooled funding arrangements and for appropriated amounts to be more readily redistributed among entities pursuing shared objectives. Supported in principle. • The focus should be on program delivery – shared costs, risk and benefits. • The Discussion Paper confuses this issue (see page 34) by using the example of shared administrative services, which should be able to be achieved through existing arrangements. Improving performance Reflect in financial framework legislation the responsibilities of chief executives and directors for key elements of resource management, including budgeting, performance management, reporting and evaluation, to support a more comprehensive approach to resource management across the Commonwealth. Supported in principle. • Essentially, the duties and approach of directors and chief executives should mirror those in the private sector when capital raising, dealing with the market and reporting to shareholders. The motivations and measures of success in the public sector are broader than in the private sector but the same attributes of building shareholder value, sustainability and return on investment still apply. They should be approached with equal, if not more emphasis, on accurate and timely disclosure given public accountability and need for transparency. • CSIRO endorses the comment in the Discussion Paper (see page 87) about making these requirements more explicit, i.e: “It might be prudent to make explicit certain obligations that are only implicit within the framework. This could enhance accountability, improve performance and contribute to cultural change. Suggested enhancements to current legislation include: • chief executives and directors having more direct and formal obligations in relation to the quality and timeliness of Budget estimates; • making chief executives and directors explicitly accountable for the oversight and management of risk; and • placing explicit responsibilities on chief executives and directors in relation to developing performance criteria for their organisation.” Consider introducing multi-year appropriations, especially for major programs and projects. Agree. • This is critical to entities engaged in long term, strategic activities such as scientific research. • Consideration should also be given to capital/infrastructure investment, which may have a 5-10+ year horizon. Develop a coherent and integrated performance management framework to give a clear and shared understanding of the government’s priorities and strategic direction. Supported in principle. See submission. Develop indicators that allow for performance to be measured and compared across the public service. Supported in principle. • The publication of performance against indicators should be accompanied by a statement of organisational context and analysis or explanation (i.e. performance indicators and benchmarks raise questions, they don’t give answers). • The selection of indicators and benchmarks is critical to avoid un-intended consequences and goal displacement. • It should be clear these are indicators, not targets. CSIRO Page 14 of 16
Engaging with risk Develop an overarching risk management framework for the Commonwealth to set the context for entities’ risk practices. Agree. This would be a good initiative. • The Commonwealth risk management framework should be based on the Australian standard, so there is a consistent language and methodology applied across private and public sector. Require entities to establish policies for oversight, management and reporting of material risks and to report to government on the management of these risks. Agree. • CSIRO has a risk policy and procedures for assessing risk. These are also integrated into commercial, project management, HSE and other procedures. • The report to government should recognise the responsibility of a board and chief executive for the oversight of strategic and material risk. • It should be a duty of directors to ensure systems and processes are in place to identify and manage risk. Directors should focus on strategic risk. Make risk management a core competency in government, with the Department of Finance and Deregulation (Finance) providing a more coordinated and systematic approach to risk management training. Agree. • To fully empower people to take appropriate risk, you need ‘executive commitment’ and support (to understand their risk appetite), to clarify roles and accountabilities, to establish standards and procedures within which to operate, to integrate risk into the delegation of powers, training and the skills to identify and manage risk, and adequate resources. Building capability and culture Increase Finance’s coordination and targeting of training and enhance guidance material, including developing web-based tools, to improve financial literacy across the Commonwealth. Supported. Clearly articulate qualifications, experience and minimum responsibilities for Chief Finance Officers. Supported. The selection of the CFO is an entity decision. Simplifying requirements Restructure the financial framework so that primary legislation is more clearly principles-based and focused on areas of high risk, with clearer and more detailed guidance to support entity performance. Supported in principle. See submission. • The financial framework should be structured to support program governance and delivery. • The legislation should allow for a variety of ‘fit for purpose’ governance models within the financial framework. Simplify financial framework legislation and rules applying to managing appropriations and public money to reduce compliance burdens. Supported in principle. Simplify and better align financial framework rules for grants and procurement and base their requirements on the level of risk involved. Supported in principle. • It should be the responsibility of the entity to demonstrate how they have achieved value for money and ensured fair competition. There should be greater discretion (within Commonwealth Procurement Guidelines) for entities to determine the best approach. CSIRO Page 15 of 16
Develop a more focused approach to reporting to remove duplication and reduce the burden on entities and managers. Supported in principle. Develop a risk-based approach to reporting allowing for tiered reporting based on an entity’s risk exposure. Supported in principle. Simplify the penalties and sanctions regime in the financial framework by relying on the Criminal Code for criminal conduct and removing overlapping offences. Supported in principle. • Commonality will help people work across public-private sectors. Clarifying obligations Adopt a more risk-based approach to imposing requirements within the financial framework, reporting compliance against those requirements and addressing non-compliance. Agree. • The focus at government level should be on requiring the entity to have processes and systems in place to support compliance and identify and address non-compliance. Consider making the regulatory requirements that apply to FMA and CAC Act entities more consistent. Agree and disagree. • The issue is not consistency but about governance and accountability. • If the regulatory requirements currently required of CAC Act authorities are deemed adequate and effective then additional requirements should be avoided. • Bring FMA arrangements into line with CAC arrangements. Make language consistent between financial framework and related legislation, including the enabling legislation of statutory authorities and the Public Service Act 1999. Supported in principle. CSIRO Page 16 of 16
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