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Preserving trust in a disrupted world: As the public sector continues to evolve, so too must our approach to probity, writes Felicity Cooper and Elise Poiner.
As government roles expand and public expectations shift, probity and integrity are under renewed scrutiny. Legal and probity professionals are being asked to navigate increasingly complex terrain, where traditional rules-based approaches are no longer enough. A principles-based framework, grounded in trust, transparency, and adaptability, is emerging as the most effective way to uphold public confidence in a rapidly changing environment.
The expanding scope of probity
Probity is no longer confined to procurement. It is not unusual for the Australian National Audit Office (ANAO), when conducting probity audits, to look at broader factors, including employee conduct, conflict of interest management, gifts and benefits, fraud risk, and regulatory oversight. This shift reflects a more holistic view of integrity. It demands consistent ethical behaviour across all aspects of government operations.
At the heart of this is record-keeping. It’s not enough to act with integrity; agencies must be able to demonstrate it. As technology reshapes how the government captures and stores information, systems and processes must evolve to ensure transparency and accountability are maintained.
From rules to principles
In recent years, guidance issued from the Australian Public Service Commission (APSC) shows a clear shift towards principles-based and conceptual frameworks to explain and educate the public sector on integrity. Rather than relying solely on prescriptive rules, this model focuses on frameworks, governance, and culture. It recognises that integrity is best supported when individuals understand what ethical conduct looks like and feel empowered to act on it.
This doesn’t mean rules are irrelevant. Legislative instruments like the Public Governance, Performance and Accountability Act (PGPA Act) and the Commonwealth Procurement Rules still provide essential structure. So too do contractual obligations, which often impose integrity-related requirements on external providers. However, these tools are most effective when used alongside a broader, values-driven approach.
Integrity is iterative
Probity isn’t a box to tick, but a continuous process. As government priorities shift and new risks emerge, probity frameworks must be reviewed and adapted. This is particularly important in complex environments, such as multi-stage procurements or regulatory programs with high public impact.
Tailoring probity measures to the specific context is key. A one-size-fits-all approach can lead to unnecessary red tape or, worse, gaps in oversight. Legal and probity advisors play a critical role in helping agencies strike the right balance of ensuring integrity without compromising agility.
It’s ultimately all about trust
Public trust in government is essential. This is recognised by the Australian Bureau of Statistics (ABS), which regularly collects data on individuals’ trust in public institutions, and has identified its links to everything from political participation to social cohesion. In this context, probity isn’t just a compliance issue. It is a public value.
Maintaining that trust requires more than avoiding misconduct. It means being transparent about how decisions are made, how risks are managed, and how public resources are used. It also means creating environments where concerns can be raised and addressed without fear.
Complexity is the new normal
Several forces are making probity ever more complex. Citizens increasingly expect the government to take direct action to achieve important social outcomes through things like direct market interventions, regulating emerging sectors, and responding quickly to social and economic drivers that are negatively impacting citizens. At the same time, digital technologies are transforming how services are delivered and how decisions are made.
These shifts introduce new risks and new expectations. For example, automated decision making raises questions about fairness and accountability. Cross-agency collaboration can blur lines of responsibility. And speed, while often necessary, can put pressure on governance.
To navigate this complexity, agencies need clear structures, proactive risk management, and a culture that embeds integrity from the outset. Legal and probity professionals can support this by integrating probity into every stage of policy and service design, and not just at the point of procurement.
As the public sector continues to evolve, so too must our approach to probity. A principles-based model grounded in trust, tailored to context, and supported by strong governance will offer the best path forward.
Felicity Cooper is a special adviser, and Elise Poiner is an expert adviser, at Proximity, an SPA Australia company. This byline was drafted based on the keynote presented by the pair at Proximity Day Out.
