The outgoing public service commissioner John Lloyd is being investigated for an alleged breach of the public service code of conduct, in what Labor has called an “unprecedented” move.
Labor has targeted Lloyd in Senate estimates sessions over allegations of favouritism to the right-wing thinktank the Institute of Public Affairs, of which he is a longtime member and former director.
At a supplementary session on Thursday, the finance and public administration committee chair, James Paterson, tabled letters showing that the acting merit protection commissioner, Mark Davidson, had announced he intended to conduct an inquiry into Lloyd’s conduct.
The 14 June letter from Davidson said he would investigate an “allegation of a breach of the Australian public service code of conduct”.
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Asked why he is being investigated, Lloyd told the committee he would take the question on notice and said he did not want to prejudice the investigation but did not claim public interest immunity.
In June Lloyd announced his retirement effective 8 August but said the decision was not influenced by “recent events”.
He told the committee he resigned after consulting his family after a long working life and denied any government member had sought or canvassed his resignation.
Davidson told the committee there was “no power to continue the inquiry” after Lloyd ceases to be commissioner on 8 August. Lloyd rejected a suggestion from Labor’s Doug Cameron that he should call it quits and leave immediately.
Labor senator Jenny McAllister said the investigation was “unprecedented” because a public service chief had never before been investigated for an alleged breach of the code of conduct.
Lloyd said he would respond to the substance of the complaint as part of the investigation: “It’s occurred, I can’t stop it.”
At an October estimates session Lloyd was asked about his contact with the IPA, including an email in which he attached a document that he said “highlights some of the more generous agreement provisions applying to APS employees”.
The IPA is a fierce public critic of public service conditions and in December called for 27,000 jobs to be slashed.
At that hearing Lloyd defended his link to the group, rejecting the allegation that giving the information amounted to special access because the information was publicly available in public service enterprise agreements.
In May it was revealed Lloyd had complained about scrutiny of his links to the IPA, writing to the IPA’s executive director, John Roskam, referring to “more publicity for the IPA including page 1 of the Canberra Times thanks to ALP questioning”.