
So right-wing ideologue John Lloyd — the man who was placed in charge of enforcing the public service code of conduct as Australian Public Service Commissioner — has been found to have breached the public service code of conduct for, as Crikey first report last October, doing research for his mates at the Institute of Public Affairs on the taxpayer dollar — thereby demonstrating even hardline libertarians don’t mind a bit of taxpayer assistance.
Lloyd’s appointment as APSC by Tony Abbott was always absurd, and Lloyd managed to demonstrate exactly why before he bailed out, perhaps sensing what was coming from the Merit Protection Commissioner. If he hadn’t already quit, his position would now be untenable.
That makes it two for two for this government on industrial relations hardliners: Malcolm Turnbull and Michaelia Cash appointed Nigel Hadgkiss to head the Australian Building and Construction Commission, when they knew he was under investigation for breaking industrial relations laws, only for him to be forced to quit when he was convicted of same. And John Lloyd, former heard of the ABCC, breached the very code of conduct he was supposed to oversee.
Nice work from a government that regularly slams unions for failing to observe the rule of law.
But standard-issue hypocrisy and the perils of appointing your mates aside, it’s telling that Lloyd gets no sanction or even comment from the government for his breach. Lloyd gets to waltz out with a few talking points from the far-right script about “do-gooders”, “virtue-signalling” and “political correctness; presumably there some is software (RightWrite?) that churns this stuff out mechanically for right-wingers to utter — PC gone mad, safe spaces, feminazis, snowflakes, blah blah — so they don’t have to type it out for each speech. But while Lloyd was departing with nary a cross word, the government was going to the High Court over the case of another public servant whom the government alleges breached the APS code of conduct.
Michaela Banerji was a Department of Immigration public servant dismissed in 2013 over anonymous tweets she made in 2012 about asylum seeker policy (remember, that was Labor’s asylum seeker policy then). The Administrative Appeals Tribunal — including former Liberal senator and ACT chief minister Gary Humphries — eventually found her dismissal “impermissibly trespassed upon her implied freedom of political communication” and that the APS code of conduct requirements couldn’t apply to anonymous comments. This, of course, is at odds with the draconian interpretation of the APS code of conduct promulgated by Lloyd (the IPA is normally a big fan of free speech, but not for public servants who might use it to criticise governments).
Last month Attorney-General Christian Porter sent the case to the High Court. That is, so enraged is the government at the prospect of public servants anonymously bagging it that they’re going to the High Court to try to stop it, blowing wads of taxpayer money to do so.
Then again we know how thin-skinned and glass-jawed the Turnbull government is. How it breached the privacy of a woman who’d dared to criticise its robo-debt scandal to arrange a public attack on her. How it’s prosecuting Witness K and Bernard Collaery for revealing the illegal behaviour of ASIS ordered by the Howard government. How it sicced the Federal Police onto Labor staffers because whistleblowers embarrassed the NBN. How Greg Hunt tried to bully critics of My Health Record. How it bombards the ABC with vexatious complaints about journalists, cuts its funding and subjects it to constant review.
But when it comes to its mates, all that malicious rigour in going hard after those perceived to have stepped out of line vanishes. NBN chair Ziggy Switkowski egregiously breached the caretaker convention during the 2016 election campaign but had no sanction from the government. John Lloyd breaches the very code he’s supposed to be the principal guardian of, and faces no sanction. Michaelia Cash continues as a minister despite the referral of her staff to the DPP. National security leaks are fine when they target Labor figures like Sam Dastyari.
One rule of law for them, another one for us.

18 thoughts on “John Lloyd and the grubby hypocrisy of the Turnbull government”
Desmond Graham
August 9, 2018 at 1:27 pmEvery time i read anything I am amazed another commissioner seems to pop up.
Has anyone ever actually counted up the number of commissioners Australia has created -however obscure the topic they are commissioners of?
Are there more Commissioners than Parliamentarians? If so shouldn’t there be cull commenced – bit like Kangaroos !
Fairmind
August 9, 2018 at 1:33 pmHow much longer can they keep getting away with it?
I hope the hammer falls very hard when it eventually falls…bring on that Federal ICAC.
klewso
August 9, 2018 at 1:55 pm“… (the IPA is normally a big fan of free speech, but not for public servants who might use it to criticise Limited News Party governments)” surely?
But you can see their point can’t you? ‘How could the judgement of members of your lower classes possibly be as good as, or better, than that of the Born to Rule?’ – if your lower classes were as good as, or (Murdoch protect us) better, what would that mean to civilisation as we know it?
“What good is government if you can’t use it to benefit your mates/sponsors? Pass the GBRF sauce.”
….. “Glass jaws” of the “Shattering classes”?
Mark Heydon
August 9, 2018 at 3:02 pm+1
Was going to make more or less the same point.
Marcus Hicks
August 9, 2018 at 1:59 pmLook up “hypocrites” in the dictionary & you’ll see a picture of the Coalition Government. I would go one step further & point out that, whilst Husar was hounded over alleged harassment of staff. Yet Cash has lost 12 staffers in under a year……& nobody seems the least bit interested.
john kotsopoulos
August 9, 2018 at 3:08 pmThe Institute of Public Affairs should be prosecuted under consumer laws for deceptive marketing I have yet to hear a peep from them in relation to Barnyard’s extra marital escapade
TheRabidHamster
August 9, 2018 at 3:30 pmThe death of the APS started with Howard and has been continued by both major parties ever since. Privatisation by stealth for most Government business and Statutory Authorities. Boards stacked with private enterprise champions and the senior ranks of Dept’s now filled to the brim with hairy chested corporate types. Go to an interview for a job or a promotion now and you wont see the old panel of experienced Public servants asking relevant questions and studiously taking notes..jobs which could once be won on a great interview are now predetermined well in advance of the interview.
The days of a fearless APS, providing independent advice to the political class are well gone….now it’s well known what the Dept’s position will be on any given issue and strangely enough it’ll be whatever the government of the day want to hear.
MJM
August 9, 2018 at 4:03 pm” … Boards stacked with private enterprise champions …”
Plus $444,000,000 lying around for the PM to donate to mates who do not get those board jobs. No matter what the circumstance the mates get the loot. And no matter how egregious their theft is no banker will see the inside of a prison.
MJM
August 9, 2018 at 4:09 pmI have lived in Canberra for 48 years, was a Commonwealth public servant and am, now in retirement, a bit of a politics tragic. I have never seen such a poor choice as Lloyd for the APSC. His anti-union, send out the public service work to contractors attitudes have had appalling consequences which will take years to overcome. It has been a tragedy.
MJM
August 9, 2018 at 5:20 pmJust read this article over on Fairfax press: https://www.canberratimes.com.au/politics/federal/farcical-eric-abetz-defends-john-lloyd-after-code-of-conduct-finding-20180809-p4zwf0.html
Fancy Abetz seeing it differently from you and me, Bernard. Who’da thought it?
brian crooks
August 9, 2018 at 4:28 pmjust another corrupt grub, appointed by the biggest corrupt bunch of grubs in Australia`s political history, the Lying Nasty Party or also known by its initials LNP.
Oldie
August 9, 2018 at 5:55 pmSteady on lads. Aren’t you overlooking the enormous benefits brought to
government by such successful business men as Malcolm and the Donald?
GF50
August 9, 2018 at 6:12 pmIs there going to anything left to save or resurrect for the next Government? This is a real question.
AR
August 9, 2018 at 10:27 pmSounds like you are reprising a mouldy oldie from Smoking Joe Leventy- his constant line, second only to “low tax/debt in our DNA”, that on their ordained return to office “we’ll inherit a smoking ruin”