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Will Privatisation and Contracting Out Deliver Community Services?
Jacqueline Ohlin
Social Policy Group
2 June 1998
Contents
List of Acronyms
Major Issues Summary
Introduction
Clarification of Definitions
Roles and Responsibilities and Funding
Provisions
Overlap and Duplication
A Coordinating Mechanism for Social
Policy Issues?
Towards Contracted Services
Reform of Intergovernment Arrangements
in Service Planning and Delivery
A Prognosis for Community Services?
Appendix 1: Chronology of Reports
and Inquiries relating to Community Services Development and Delivery
Appendix 2: Commonwealth and State
Government Portfolios Encompassing Community Services
Endnotes
List of Acronyms
ACOSS Australian Council of Social Service
ACROD Australia's Council on Disability
AIHW Australian Institute of Health and Welfare
COAG Council of Australian Governments
CSO Community Service Obligation(s)
FAGs Financial Assistance Grants
GDP Gross Domestic Product
HACC Home and Community Care (Program)
LGCSAA Local Government Community Services Association
of Australia
OECD Organisation for Economic Cooperation
and Development
SACS Social and Community Services (Award)
SPP Specific Purpose Payments
Major Issues Summary
The period 1989-90 to 1995-96 saw the Commonwealth Government
increasing recurrent community services expenditure at an average of 18.9
per cent per year, State and Territory Governments averaging a 3.4 per
cent increase and local governments increasing expenditure at an annual
rate of 20.1 per cent. The planning and delivery of community services
in Australia are undergoing major change as a result of new financing
arrangements, privatisation and 'contracting out' of services. The change
is offering unprecedented opportunity for governments to have a greater
say in the way in which services are delivered, and opportunities for
community services organisations to further streamline their operations.
At the same time, the sheer quantum and pace of change
is signalling stresses in a community services sector traditionally regarded
as exemplary in its capacity to innovate and respond to identified need.
This paper discusses Australian and overseas studies examining these stresses,
in terms of effects on service organisations, service recipients, volunteers
and the labour force in general. These studies indicate concern, and suggest
the need for thought and analysis about:
- the actual extent of any 'level playing field'
- the appropriateness of competition in community service delivery
- the capacity of service recipients to pay service charges
- cost-shifting and cost-cutting in service delivery.
The paper comments on the difficulty in arriving at a
definition of community services in a 'mixed economy' of service planning
and delivery which includes government and non-government, for-profit
and not-for-profit agencies, providing everything from children's services
to aged care, community development to counselling. It does, however,
note some key features of this 'mix' including:
- the major provision role of the non-government sector
- the dependency of most (mainly small) non-government organisations
on government funding
- the increasingly important role of private sector providers
- the increasingly important part (currently one-quarter of all service
funds) played by 'user charges' in the funding of services.
Discussion of payments to welfare recipients is specifically
excluded from the paper, as these are regarded not as 'services' but individual
entitlements.
The paper suggests that difficulties in achieving a definition
for community services may stem more from the absence of any mechanism
drawing together the key players (both government and non-government)
to discuss roles and responsibilities. The importance of achieving common
definition relates to the need for comparable data, reporting arrangements
and benchmarking processes. The current disparateness of definitions suggests
that there may be substantive under-reporting of activity in the sector.
'Overlap' and 'duplication' in service planning and delivery
were issues which were largely responsible for driving service reform
throughout the 1980s and early 1990s. The paper discusses whether 'overlap'
and 'duplication' are evils to be eliminated, or whether, in judicious
quantity, they contribute to the plurality of services required by a pluralistic
society. It is becoming clear that dealing with 'overlap' and 'duplication'
will only be truly effective when all of the key players are involved-and
the paper notes that efforts to this end have been intermittent.
When it comes to discussion of the funding of community
services, the paper comments on macro-level indications of Australia's
capacity for 'social expenditure', compared with other OECD countries.
At another scale, it cites Australian and overseas studies cautioning
that the promised economic benefits of privatisation and contracting out
may not be being reaped, and may even be used as an excuse to effect cost-shifting
and cost-reduction, thus casting doubt over service quality for recipients.
A major concern emerging on account of 'confidentiality'
provisions, is the reduction of relevant data on which to base social
planning policy and the absence of any apparent coordinated and consultative
approach to social policy development. Such an approach would enable both
government and non-government players, providers and recipients of services
to engage in robust debate about issues of unmet need or social well-being
which cross the lines of specific services, service recipients or service
types. The paper explores a possible model to address this concern and
move again toward the generation of co-responsibility for community wellbeing.
Introduction
From the very origins of community service provision
in Australia, services have been planned and delivered through a mix of
government and non-government arrangements. Over the years, across different
jurisdictions and patterns of need, any description of what is understood
as 'community service' has evolved into a 'best fit' for the given situation.
In time, this led to some confusion, inefficiency and fear that money
was being wasted. Ultimately, it resulted in government intervention to
address 'overlap and duplication' in service planning and delivery.
For the purpose of clarification, this paper addresses
the range of services broadly regarded as 'community' or 'human' services,
but does not include payments to welfare recipients, which are in most
cases not a 'service' but an individual entitlement. The paper seeks to
clarify some of the various definitions of community services and provide
a basis for understanding the many issues which have affected the operations
of the community services sector over the past twenty years. These issues
include the funding of community services-in particular, levels of expenditure
by respective stakeholders and the implications of funding arrangements
for service delivery and service quality.
Particular attention is given to the effects of recent
policy trends towards the privatisation of service delivery, including
the effects on service organisations, recipients of services, on the service
sector labour force and effects on volunteers and volunteerism. In no
small measure, the responsiveness of the community services sector at
its base-that is, its capacity to respond to new and emerging needs-can
be seen as one of its crowning features. Direct interventions by service
providers to the needs of service recipients have, over the years, seen
creative, timely and caring responses to issues such as youth unemployment,
child care, HIV AIDS and youth suicide, to name but a few. Many such interventions
have grown into government-funded programs of services, but it has been
the process of dialogue between all parties, although often imperfect
and incomplete, which has allowed for effective partnership in understanding
and addressing needs at a community level.
But growth in the identification of community service
needs has also been met by major challenges, including stronger pressure
by governments for targeting of services to the 'genuinely needy'. Further,
western governments, including the Clinton Government in the United States,
the Blair Government in Britain and the Howard Government in Australia
(but also significant commentators such as Mark Latham, in the Federal
Opposition) have urged far greater individual and family responsibility
in provision of both welfare and community service needs, through measures
designed to reduce dependency on government sources. Community service
organisations in both the government and non-government sectors have been
urged to greater efficiency within a competitive framework. But there
are already indications that the application of blunt economic policy
instruments have had a deleterious effect on community service planning
and delivery-in the capacity of service providers to respond to identified
need, in the capacity of service recipients to have needs met, and in
the capacity of all spheres of government to effectively manage service
planning and funding. These indicators suggest the need for a national
coordinated and consultative social policy overview by governments and
the service sector, working in concert. Such an overview could contribute
to intersectoral debate and discussion reaching beyond an individual service
to tap the developmental and cooperative traditions within the service
sector in order for governments and the community, together, to inform
desired social futures and the difficult social realities of policy decisions.
Clarification of Definitions
The area of community service planning and provision
is variously referred to as 'community services', 'welfare services' 'social
services' 'human services' or 'community programs'. Judith Healy, Senior
Research Fellow at the London Policy Studies Institute points out(1),
'new labels compete for legitimacy every few years'. The term, however
described, is generally understood to refer to direct services rather
than to social security payments.
Over time, the need to define community services more
specifically has been voiced as a result of expressed confusion over which
sphere of government in a federal structure like Australia is responsible
for planning and/or provision, over concern about which services actually
constitute community services, or through frustration that services provided
in a given geographic area are not universal.
The difficulties in defining community services occur
through:
- services being defined differentially under program or Departmental
names (which may in turn be affected by changes in Departmental jurisdiction
from time to time and may vary from State to State)
- differing traditions and processes of service introduction (for example:
the provision of State Government Recreation Officer subsidies for Local
Government in Victoria, and the provision of State Government Social
Worker subsidies for Local Government in New South Wales)(2)
- differential rates of uptake of program funding opportunities (due
to differences in local need and/or capacity to plan or deliver services
locally), and
- 'blurring' of roles and responsibilities between the government and
non-government sectors(3) in relation to planning, funding and provision
of services.
Over time, it has been suggested that a more specific
definition of community services may assist in:
- comparable measurement of service outcomes
- 'benchmarking' of similar services or service planners/providers
- clarification of public accountability provisions
- comparable standards of employment for community services staff across
the country, and
- better understanding of respective roles and responsibilities among
service planners and providers.
In this context, the Local Government Community Services
Association of Australia (LGCSAA) has defined community services as:
...a system for providing support to sustain and
nurture the functioning of individuals, families and groups to maximise
their potential for development and to enhance community well-being..(4)
The LGCSAA definition notes that community services are:
...often, but not only directed towards target groups
such as families, low income earners, women, unemployed groups, people
with disabilities, aged people, people from non English speaking backgrounds,
Aboriginal and Islander peoples and victims of violence and abuse.(5)
The LGCSAA notes that community services:
...are often provided in areas such as housing, shelters
and refuges, employment and training, family support, public and community
transport, child care, income support, finance and emergency assistance,
health, education, community centres, community information, legal
and consumer advocacy, community safety and counselling/emotional
support.(6)
This definition, while lengthy, is useful in that it
highlights a systematic approach, and includes general aims or principles
as well as specific services and target groups while focusing upon local
communities as the locus of planning and delivery.
The Australian Council of Social Service (ACOSS) comments
that the breadth and depth of community services make precise descriptions
difficult, but includes in these:
...children's services; various forms of supported
accommodation (for older people, people with disabilities including
psychiatric disabilities, women escaping domestic violence, younger
people, families, men); various forms of support for people to enable
them to remain in their own home; other forms of support and training
to help people with disadvantages in the labour market to obtain work;
child protection and substitute care; youth work; family support including
counselling; financial counselling and emergency relief; information
and advice; individual and class advocacy.(7)
While in some ways similar to the LGCSAA definition,
this ACOSS definition reflects (legitimately, given its organisational
focus) more of an emphasis upon welfare services than upon general community
and personal development.
The Australian Institute of Health and Welfare (AIHW)
has developed a national classification of community services, which includes:
- personal and social support
- child care and pre-schools
- training, vocational rehabilitation and employment
- financial and material assistance
- residential care and accommodation support
- protective services
- corrective services
- policy, community service development and support
- other community services.
The AIHW national classification also addresses:
- population groups or communities
- families/households
- individuals (children and young people, adult age groups, people with
particular heath needs, indigenous people, people of immigrant background,
people with disabilities, people subject to statutory psychiatric or
protective intervention, individuals subject to or at risk or correctional
intervention, other special needs groups):
- organisations
- labour force groups.(8)
In its report on community services(9), the Australian
Bureau of Statistics utilises the national classification of community
services developed by the AIHW. While the Commonwealth and State Governments
accept the classification, it has not been endorsed by either Australian
local government or the non-government sector.
The shortcomings of the AIHW classification are, however,
that it fails to acknowledge the breadth of community services currently
being provided (particularly in the area of 'other community services').
This may stem from a somewhat restricted view of community development
activities as 'vague' or 'soft', but the classification as it stands has
limited application for practitioners at the local scale. For example,
local practitioners tend to be involved in community development and community-building
activities which include community consultation and facilitation, skills
development/capacity-building, coordination, research and analysis, negotiation
and conflict resolution, processes designed to increase community confidence,
develop cooperative relations, enhance community identity, improve outcomes
for access and equity and encourage a fairer distribution of resources
and equality of opportunity.
If the current classification is applied as the basis
for reporting of data (in particular, expenditure on community services)
it will result in substantial under-reporting of community service activity.
An analogy that can be drawn here is with the area of health. Reporting,
for example, on health service activities without including preventative
health measures results in only part of the story being presented. Consideration
of these issues is perhaps most appropriately a role for the signatories
to the National Community Services Information Agreement (the Commonwealth
and State Governments, the Australian Bureau of Statistics and the AIHW,
but not local government or the non-government sector). The Agreement
aims to improve information and data sharing on community services.(10)
The AIHW classification does, however, include other
dimensions of service provision not acknowledged in the definitions above,
(such as protective or corrective services), which are generally the preserve
of State governments.
Regardless of who provides community services, practitioners
argue the need for an approach which ensures service delivery is experienced
as a system. That is, they suggest receipt of a given service should provide
for the whole person, it should be responsive to their needs, it should
link with other parts of the service system and through its provision
it should not reduce the social well-being of the individual (either by
forcing individuals to inappropriate choices, or by unrealistically forcing
up service costs).(11) This implies the need for coordination not only
of service delivery, but effective social policy coordination, involving
relevant stakeholders.
Roles and Responsibilities and Funding Provisions
Australia is widely regarded as having a 'mixed welfare
economy'-effectively meaning that all three spheres of government, the
non-government sector and the private, for-profit sector are involved
in aspects of service delivery. It is a model which, over the years, has
never been designed, but rather has evolved to meet circumstances as they
have arisen.
Healy(12) provides a 'thumbnail sketch' of 'the Australian
mixed welfare economy' as follows:
Family and friends are the main source of help...(the
Commonwealth) writes out pension and benefit cheques. State governments
administer or deliver many welfare services. Local government looks
after the four R's of roads, rates, rubbish and recreation. Voluntary
agencies...are well known such as the Red Cross and Salvation Army.
This view is, however, somewhat simplistic (and perhaps
tongue-in-cheek). The actual picture for the planning and provision of
community services in Australia is both complex and challenging. Australia
is unique in that the process of service planning and provision which
has evolved over many years is a blend of arrangements involving government
and non-government agencies across a range of service types and programs.
For some services, all three spheres of government and
non-government agencies may be involved in aspects of planning and/or
provision and in providing funding or subsidisation. Some government agencies
are involved primarily in the coordination of planning and provision of
funding-preferring to devolve responsibility for delivery largely to other
organisations. Still other government agencies have remained involved
in direct provision across a range of services, alongside non-government
agencies or in partnership with them. Non-government agencies (from large
church-based organisations such as the Salvation Army, disability organisations
such as the Yooralla Society, development organisations e.g. World Vision,
through to smaller organisations such as neighbourhood centres, family
support services, youth services, meals-on-wheels services, community
legal centres) are probably still the major providers of community services
on an organisational basis (in 1995-96 providing, as distinct
from funding, $5.2 billion or 59 per cent of the total monetary expenditure
on 'welfare' services-largely consisting of transfer payments from Commonwealth,
State and local governments), followed by the State Governments, local
governments and the Commonwealth Government in that order. The AIHW notes,
however, that the household sector (i.e. home carers of frail,
aged persons or persons with a disability) is by far the dominant sector
in the welfare services area, with an estimated service value in 1995-96
of $16.6 billion.(13) The contribution of the household sector is, however,
generally only recognised as an 'in-kind' and not as a financial contribution.
Financial arrangements within the sector are complex and difficult to
measure. As service funding arrangements change however, seeking to simplify
them by division into identifiable service 'chunks' may not always be
in the best interests of service recipients.
Variations Across the Non-government Sector
In spite of the size of the contribution by the non-government
sector over the years to community services, there has been considerable
concern expressed on the part of governments and other critics about variability
in the service delivery performance of the sector, or with accountability
practices. This concern, however, could also be expressed as an ambivalence,
because when parts of the sector strive to achieve professional and organisational
development, they are often accused of driving up the cost of services
(government grants do not, for example, include automatic indexation for
the Social and Community (SACS) Award increases, thus payment of staff
at Award rates requires that the cost be absorbed by the organisation).
Further, many non-government organisations have traditionally been unable
to seek funding for staff or volunteer training as part of their government
funding agreements-requiring the cost to be absorbed by the organisation
or passed on to service users. The Industry Commission Inquiry into Community
and Social Welfare(14) sought the development of quality management
systems within community service organisations. However, it noted that
while these would lead to support for recognised national standards in
service delivery, they would inevitably incur costs for individual organisations.
On the matter of accountability, Healy(15) suggests that
this aspect of non-government organisations' performance has been strengthened,
(i.e. accounting and reporting practices have been improved) and that
they can 'no longer escape scrutiny'. The non-government sector is characterised
by a few very large organisations (the largest 50 non-government organisations
account for less than .05 per cent of all organisations in the sector,
yet in terms of income, account for about one-third of the total income
of the sector). However most organisations are small, based in local communities
or communities of special interest, frequently offering one specific type
of service and are heavily dependent upon governments for their funding.(16)
The dynamic caused by this dependency in a climate of competition policy
is discussed below.
The private, for-profit sector is a relatively new and
increasingly important player in the non-government sector, particularly
in areas such as child care and aged care provision. At this stage, there
is only one category in Commonwealth Government statistics embracing both
the private, for-profit sector within the category of non-government organisations,
with no separate data area available to distinguish differing levels of
involvement of private, for profit and community-based or non-profit organisations.
There are also variations in services concerning different
provisions from service type to service type and from community to community.
While there is a view that these arrangements have contributed to 'overlap
and duplication' (referred to below), these variations have undoubtedly
over the years allowed development of flexibility in service responses
required across the community. They may, for example, reflect different
cultural emphases or different values bases.
While the lines of accountability for government funding
of community services are generally clear, the full extent of funding
resources available within the area remains unclear and is thus often
unrecognised in government reports and statistics. These resources include
the considerable funding input to services by non-government organisations
(including fundraising and community donations), the cross-subsidisation
of work provided 'in-kind' (for example, planning services provided free
of charge by local government councils to community organisations, and
uncosted planning and coordination tasks undertaken by peak agencies,
or one sphere of government for another), and uncosted volunteer services.
Funds provided by consumer purchase of services are also increasingly
an element in this equation.
Even as the picture for service planning and provision
changes under the aegis of competition policy, there continues to be a
dizzying array of service arrangements in place.
Expenditure on Services
Australia's outlay on social expenditure is low when
compared with other OECD countries (note: while 'social protection expenditure'
data does include expenditure on both community services and benefits,
it is the only reliable basis for international comparisons). On available
data (1995), Australia ranks third-lowest of OECD countries with a social
protection expenditure of 11.4 per cent of GDP, below Canada (14.7 per
cent), United Kingdom (1994 figures only, 15.4 per cent) and the OECD
average of 15.7 per cent).(17) However, the calculation of social expenditures
is complex, possibly including different factors in different countries,
and it does not necessarily take into account the historic differences
in the development of welfare states, including the role of the voluntary
sector.(18) In terms of total tax revenue, Australia, at 30.9 per cent
of Gross Domestic Product (GDP) is slightly below the OECD average of
37.4 per cent.(19) It has been argued that, on the face of it, Australia
could possibly afford to outlay more on social expenditure, if so required.
Dr Michael Jones, Senior Lecturer, University of Canberra, argues that
this is unlikely, however, given the high dependency of the Australian
tax system on personal income taxes and taxes on profits, which engenders
resistance to higher taxes.(20) The AIHW provides an annual breakdown
of expenditure on community (welfare) services. Bearing in mind the limitations
of the data provided (due to narrow definitions of services and possible
under-estimation of resources for local governments and non-government
organisations), these are the best available data on current expenditure.
In 1995-96, total 'welfare' expenditure was estimated
at $8.9 billion.(21) Of this amount, 66 per cent was funded by the
government sector, the users of services funded 25 per cent and the remaining
10 per cent was funded by non-government organisations.

Figure 1: Government sector outlays in current prices by selected purposes
(Source: Australian Institute of Health and Welfare)
The Institute estimates that in 1995-96, total government
sector outlays on 'welfare services' were $5.8 billion. This represented
3.3 per cent of total government outlays, a rise of 90.4 per cent in welfare
services expenditure (in current prices) on the 1989-90 expenditure of
$3 billion.
The trend is now toward less government expenditure,
rather than more, on community services. ACOSS notes that federal social
expenditures are now falling from their peak levels reached at the height
of the last recession in 1991, and that trend expenditures for 1997-98
and 1998-99 Budgets indicate ongoing reductions. ACOSS attributes this
reduction to declines in unemployment over the past five years (affecting
service related to employment/unemployment), and also to broader Budget
cuts.(22) Fine(23) notes, however, that the trend was in place much earlier-that
the Australian Government was merely responding to 'unprecedented economic
pressures' confronting all welfare states, and to their limited capacity
(whether Labor or Liberal governments) to meet demands for assistance.
The increases over the period are primarily attributed
to:
- increased demand for welfare services as a result of the 1990 recession
- changes in Commonwealth policies for childcare (mainly associated
with long day care and out-of school hours child care places), and
- additional services provided under Home and Community Care (HACC)
and the Disability Services Program, as well as other services for older
people and people with disabilities.(24)
It has been argued that these increases could also be
due to sustained unemployment and to the longevity of the population.
In spite of increased outlays directed to welfare spending
up until 1995-96, there has, however, been no dramatic increase
in the proportion of national product spent on benefits. Jones suggests
that 'perceptions of crisis' (in other words, calls for policy responses)
are linked rather more to increases of 'social dependency' (in particular,
unemployment) than to overall levels of expenditure.(25)
The period 1989-90 to 1995-96 saw the Commonwealth Government
increasing recurrent community services expenditure at an average of 18.9
per cent per year, State and Territory Governments averaging a 3.4 per
cent increase and local governments increasing expenditure at an annual
rate of 20.1 per cent. However, the AIHW estimates that local government
expenditure, as a proportion of overall government expenditure, remained
relatively low until 1994-95 and 1995-96, (which may also be due to increasing
rigour in Local Government management/reporting practices).
Over the same period, capital outlays fluctuated, with
initial increases in Commonwealth Government capital expenditure, followed
by decline. State Government capital outlays remained static or declined,
and local government capital outlays tripled from $13.7 million in
1989-90 to $34.4 million in 1994-95 (a breakdown of 1995-96 figures is
not available).(26) The local government increase can be largely attributed
to capital expenditure on child care centres. This picture suggests somewhat
mixed fortunes for investment in infrastructure, with some particular
gains at the local scale, but an overall decline in community sector infrastructure
investment. In terms of overall spending, an interesting nexus has been
drawn between expenditure on 'welfare services' and expenditure on infrastructure.
Jones comments that a high proportion of expenditure by governments on
recurrent welfare spending tends to 'crowd out' infrastructure outlays.(27)
Certainly there has been an observed general trend of serious decline
in public sector capital expenditure over the past eighteen years-implying
either a postponement of the inevitable in terms of massive future outlays,
or an expectation that the community at large will learn to live with
decaying public assets.
The AIHW notes that full details of 'contributions' by
the non-government sector to 'welfare services' are probably underestimated,
as only government-funded organisations are included in the Institute's
count, capital expenditure is excluded, volunteer labour is not costed,
and not all the expenditure of for-profit organisations is included.(28)
Further to this point, the Australian Local Government Association believes
the estimates of expenditure calculated by the AIHW for local government
are also dramatically underestimated, because particular services related
to community development are excluded from the calculation and because
some expenditures which should be included as 'community services' are
wrongly classified (in local government's view) to 'housing/community
amenities', 'recreation and culture' 'health' or 'education'.(29)
As noted above, in 1995-96, users of community services
funded a quarter of total 'welfare' services expenditure. Of total client
fees of $2.2 billion, $213 million (10 per cent) was for informal child
care services, $265 million (12 per cent) was for government-provided
services, and $1.7 billion (78 per cent) was paid to non-government community
service organisations. Half of the non-government organisations' fees
related to fees charged for formal child care services. Aged care services
(predominantly hostels) accounted for 35 per cent, and the remaining 15
per cent related to fees for service provided for people with a disability
and other services.(30)
Overlap and Duplication
From time to time, there have been attempts at reducing
complexity in community service planning and provision under the banner
of reducing unnecessary overlap and duplication (e.g. Special Premiers'
Conferences 1990/1991; the Council of Australian Governments (COAG), 1995/96;
the National Commission of Audit, 1996.). These attempts have sought to
'streamline' the coordination of roles, or have embraced the need for
'common definition' of services provided. However, such processes have
often been based on unclear notions of the gains to be made in 'administrative
efficiencies' by taking such actions. The National Commission of Audit
did examine the administrative costs of program delivery between the Commonwealth
and States, concluding that it was 'difficult or impossible to achieve
coordination in policy and funding across the system as a whole'.(31)
The finding is of concern in this respect, while cost-savings could be
effected by the Commonwealth and States agreeing upon respective roles
and responsibilities, it does not necessarily follow that coordination
cannot be achieved. The National Commission of Audit findings are based
on concerns arising out of bilateral arrangements between the Commonwealth
and State Governments. There is no direct recognition of the role which
might be played by local government or the non-government sector in the
funding contributions they provide to programs or to the administrative
efficiencies they might contribute as partners in program planning and
funding, and there have been only intermittent attempts at involving all
players in discussing respective roles and responsibilities.
A health and community services framework proposed for
COAG by the Minister for Health and Family Services, Dr Michael Wooldridge,
in June 1996, sought the negotiation and development of bilateral agreements
between the Commonwealth and States, canvassing 'the incorporation of
tied grants into a few 'broadbanded' specific purpose payments to the
States and Territories in agreed areas'.(32) Since that time, there has
been little, if any progress on COAG reforms in the area of community
services, although reforms have proceeded in several health areas.
Of more general concern is the need to take into account
the view that the complexity of administrative and policy arrangements
being addressed in service planning and provision requires a considered
and attentive social policy overview which can only be maintained where
all three spheres of government and the non-government sector are involved.
This view is supported by practitioners in community services and community
development(33), as it is by practitioners in the delivery of health programs
to Aboriginal and Torres Strait Islander peoples.(34) The Commonwealth
Joint Committee on Public Accounts reported in 1995 that while one view
posited that administrative duplication exists because more than one level
of government is undertaking an activity, another view is that negotiation
between spheres of government on program objectives could be seen as important
consultation.(35)
The non-government sector, too, has a view on the importance
of structural relationships to effect coordinated service planning and
delivery. ACOSS(36) suggests that in the current context of competition
policy, a starting point should be consideration of the responsibilities
of respective spheres of government, and that the relationship of 'co-responsibility'
which has emerged with the non-government sector in service policy, planning
and delivery should be nurtured.
The need for some rationalisation of service administrative
functions is not contested. As early as 1986, the Report of the Task Force
of the Joint Officers' Committee to the Local Government Ministers' Conference
identified 199 Commonwealth and State Government human services funding
programs administered by some 58 individual government departments in
which local governments were directly involved.(37) However, the same
Task Force Report noted that 'a rational basis for allocating responsibilities
is difficult'. It suggested that the roles of governments for which responsibilities
are exercised concurrently were best 'shared' rather than 'divided' in
the human services area, in order to improve coordination and cooperation
and to provide opportunities for the improvement of service delivery to
those most in need.(38)
While urging continuous improvement in the effectiveness
and efficiency of service planning and delivery, some social critics have
consistently put the view that such processes need to acknowledge the
broader context in which services operate-embracing not only 'privatisation'
and 'global competition', but also 'responsiveness, appropriateness, accessibility
and cultural relevance' and 'social equity and service quality considerations'.(39)
Christine Fletcher, Research Fellow at the former Federalism Research
Centre, Australian National University(40), suggests that there
are some 'virtues' in overlap and duplication-to the extent that these
can lead to more responsive governments, where the propensity for policy
failure is reduced and where there is greater willingness to respond to
the diverse needs of citizens.
Cliff Walsh, Executive Director at the South Australian
Centre for Economic Studies(41) similarly comments on the need for responsiveness
within intergovernmental arrangements and suggests that overlap is both
a recognisable and a desirable feature of Australia's electoral system,
which makes citizens 'simultaneously members of, and voters in, several
overlapping political jurisdictions [and] gives them multiple access to
government, and increases their capacity to get their preferences and
problems addressed more readily by "shopping around" among governments'.
Walsh's point is, in fact, reinforced by competition
policy, where the exercise of multiple access or consumer choice is regarded
as a key tenet. The extent to which multiple access or choice is available
across the range of community services in a competitive framework is,
however, another matter, addressed in more detail elsewhere in this paper.
There is a common view that citizens do not mind which
agency delivers the service just as long as it gets delivered, and to
some extent this has been at the heart of intergovernment negotiations
on service planning and delivery arrangements. However, there is also
evidence of individuals who are more discerning in their choices. In a
submission to the House of Representatives Inquiry on Competitive Tendering
of Welfare Service Delivery, for example, Australia's Council on Disability
(ACROD) Executive Director, Janet Braithwaite, spoke of the distress caused
to families of people with intellectual disabilities on learning that
the accommodation service provided effectively for several years by their
non-government service provider would now be open to tender and may be
lost to a commercial organisation.(42)
A Coordinating Mechanism for
Social Policy Issues?
The complexity inherent in community service sector expenditure,
roles and responsibilities has long provided an imperative for a process
of coordination involving all stakeholders. Current efforts, such as the
Social Policy Section in the Department of Prime Minister and Cabinet,
or the COAG reform processes fall short because they fail to incorporate
all stakeholders.
A large part of the successful operation, to date, of
the community service sector has been the capacity of service providers
to respond directly to the needs of service recipients. This, accompanied
by the dialogue which has ensued between the government and non-government
sector has enabled the needs of service recipients to be met systematically,
from the point of their identification. But, much of that dialogue has
been ad hoc, and the old traditions, and government policy practices
are changing. Now, global trends in privatisation, which have set the
pace for the contracting out of community services, are providing a new
urgency for a coordination mechanism to meet the concerns of service recipients,
service providers and governments in turn.
There is significant pressure inherent in contracting
out to overstate the benefits of public choice and efficiencies, and to
understate or fail to consider costs, including social costs (such as
unemployment or creation of poverty traps), environmental costs, and depreciation
of human and capital assets. ACOSS also refers to the loss of trust, or
the 'cooperation and collaboration necessary to achieving positive consumer
and community outcomes'.(43) While there is little suggestion that privatisation
trends will be reversed, critics are proposing the need to curb the excesses
of its operations and provide a positive basis for improving the capacity
of the service system.
Possibly the gravest fear relates to the absence of any
apparent coordinated and consultative approach to social policy development,
whereby both government and non-government players, providers and recipients
of services engage in robust debate about issues of unmet need or social
well-being which cross the lines of specific services, service recipients
or service types.
There is a view that a policy planning process should
be developed to ensure services are experienced as a system. Such an approach
would need to embrace the following elements:
- governance (a clear understanding by all of the legislated roles and
responsibilities of respective spheres of governments in planning and
providing for the needs of people in communities and benchmarks for
measuring progress)
- explicit acknowledgment of the values and objectives inherent in service
planning and delivery, (including, for example, specification of social
justice objectives in service contracts)
- commitment to partnership in planning (involving all policy stakeholders)
- equitable and adequate resource allocation
- stronger emphasis on quality improvement, and
- consultation with recipients (as opposed to market research) to inform
improvements in service quality and overall quality of life.
In order to ensure coordination across respective departments,
portfolios and jurisdictions, such a coordinating and consultative policy
mechanism is best established within a central coordinating department-an
issue for consideration is an office within the Department of Prime Minister
and Cabinet, which could include all stakeholders-respective governments,
representatives of for-profit and not-for-profit service providers as
well as representatives of service recipients. Such a process would require
significant political will, but there are precedents on which to establish
such a model.
A proposal of long standing emerged from the Bailey Task
Force on Coordination in Welfare and Health in 1978, which concluded that
along with government administrative machinery to address issues of overlap
and duplication, genuine, participatory processes were required to build
trust, undertake joint planning, assess need, propose social policy action
and review such action. The Bailey Task Force envisaged a balanced membership
of relevant parties, including the Commonwealth Government, States, local
government, non-government bodies and some additional nominees.(44) While
the Bailey proposal was regarded as proactive, the current concern is
that without a whole-of-government, whole-of-community partnership, governments
will be removed from the direct experience and information they require
to inform even specific service decisions let alone optimum system-wide
overviews.
Towards Contracted Services
Global Trends
The contracting out of services is part of a broader
process of privatisation which is now truly global. Graeme Hodge, Senior
Lecturer at the Royal Melbourne Institute of Technology, notes that one
of the key objectives of privatisation, which includes contracting out,
is to enable public services to be more effectively and efficiently delivered.(45).
The magnitude of movement towards privatisation is impressive. Reports
indicate that some 6800 State-owned enterprises world-wide were privatised
in the 1980s alone (although a substantial number of these were small
entities within the former German Democratic Republic, Eastern Europe
or Latin America).
Support for privatisation has been equated with less
government intervention, economic gains, greater personal choice and improved
accountability. In the area of community services, the move to contracting
out of services is characterised on the general grounds of:
- greater clarity about roles and responsibilities of purchasers (funders)
and providers of services
- increased capacity for governments to prescribe and describe services
(including performance criteria)
- greater transparency in the allocation of funding, and
- reduction in outlays.
It might be argued that the current Australian Federal
Government's general objective of increasing individual and family responsibility
for community services is a further characteristic of privatisation, in
that greater family and individual contributions to either providing or
paying for services can substitute for less government intervention. For
example, in a speech by the Prime Minister, Hon John Howard to the Wesley
Mission Lifeforce in April 1998, he referred to the need for society to
understand 'the impact of a lessened sense of personal and family responsibility
which is a characteristic of modern, western society of the 1980s and
the 1990s'.(46) At the Australia Unlimited Roundtable Dinner on 5 May
1998, the Prime Minister again referred to this responsibility, in the
mutual obligation provisions for young people involved in the Work for
the Dole program.(47)
Criticism of privatisation (in particular) of community
services centres on concern that the needs of the least articulate and
least advantaged groups in the community may not be met by the process
and the financial gains enjoyed by some as a result of privatisation may
well result in social inequities for others.(48) There is concern that
the weak with no choice will be marginalised.
Trends in Australia
The historically strong involvement of the non-government
sector in Australia has been important in providing a range of services
which reflect the pluralism of the broader community and which are responsive
to community needs and adaptable to change. The strength of the sector
has also been important in ensuring the affordability of services, made
possible primarily through the availability of volunteers to undertake
key areas of service provision. But the non-government sector is also
particularly dependent on government funding for much of its operations,
and in turn, governments are greatly reliant upon the sector to provide
a degree of choice in services.(49) From the non-government sector's point
of view, in a climate of marketisation, this dependency relationship sparks
concern about the autonomy of the sector and the very viability of particular
organisations and services. It is argued that fear of failure to 'toe
the government line' might lead to loss of service funding is seriously
encroaching upon the capacity of organisations to fulfil their own objectives.
In Britain, the Labour Government is seeking to rebuild trust with the
non-government (voluntary) sector after almost a decade of rigidly structured
contractual arrangements. In a statement indicating the need to balance
support for voluntary organisations with respect for their
independence, the British Government recognises 'the right [of voluntary
organisations] to campaign for principles'-which may, of course, be at
odds with government positions.(50)
In Australia, government concerns about the sector have
centred on the need for improved accountability in relation to government
funds, and universal standards of service provision. Under these pressures,
non-government organisations have been encouraged both to develop a greater
diversification in their funding base and to adopt new performance measures
to improve accountability, efficiency and effectiveness.(51) Indeed, the
introduction of best practice management techniques remarked upon by the
Industry Commission in 1994 has been taken much further by both government
and non-government agencies, particularly in the areas of accountability
and quality measures for aged care, child care and services for people
with disabilities.
The sheer size of the non-government sector, and its
vulnerability in terms of dependence on government funding suggest that
there are real concerns about the robustness of the service system, and
whether a 'mixed economy' can be maintained. Small organisations (over
70 per cent of which are heavily dependant on government funding) are
the most vulnerable to pressures under policies promoting the accelerated
development of contracting out of government-funded services. While greater
personal choice and flexibility for service recipients are the intended
outcomes of these policies, there are indications that a 'shake-out' in
the sector may lead to less, rather than greater choice, particularly
if small providers are forced out of operation through competitive practices.
Significant recent developments in contracting out include the implementation
of a 'purchaser/provider' model and compulsory competitive tendering for
the delivery of many services which are partially or wholly government-funded.
Issues include:
- whether competition among service providers is appropriate for recurrent
community services
- the extent to which governments take responsibility within a contract
culture for particular social objectives of service delivery (for example
access and equity for disadvantaged people or localities)
- how or whether an overview of social policy and planning is achieved
in a competition environment
- whether quality of services (and values underpinning them) can be
maintained
- whether continuous learning processes are possible (or appropriate,
in a competitive environment)
- who should pay for services, the extent of 'user pays' and the capacity
of service recipients or the community to pay for services, and
- whether there are 'lessons' to be learned from overseas experience.
These issues are addressed in the following sections
of the paper.
If a premise of greater public choice underpins the moves
towards contracting out services, then it needs to be acknowledged that
genuine concern is being expressed by service providers and recipients
about how that choice is affected by market mechanisms.
Competition Policy
Competition policy was introduced nationally as a result
of the Hilmer Inquiry in 1993, and is concerned with enhancing competition
across government agencies, firms and individuals 'engaged in the supply
of traded goods and services in the Australian economy'.(52)
The particular elements of competition policy which have
direct relevance for community services include:
- community service obligations (CSOs) (i.e. ensuring access and equity
to services by geographically-isolated or economically disadvantaged
individuals), and their vulnerability to erosion in a policy and funding
climate dominated by economics over social and other considerations
- how 'public interest' and 'public benefit' are determined (a key concern
expressed in relation to the reforms proposed by Hilmer is that justification
for 'public interest' appears to fall disproportionately upon its proponents):(53)
- 'contestability' (i.e. establishing the potential for competition,
or the availability of competitors), which is of concern to planners
and providers of community services where the grounds for entering competition
are not comparable for all entrants
- how 'competitive neutrality' is applied, particularly when government
and non-government service providers are entering into competition against
each other; and,
- the effects of cooperative processes and networking between service
providers and funding agencies, previously a feature (albeit imperfect)
of non-competitive servicing.
Effects of Contracting Out
Some commentators have argued that while competition
policy offers potential advantages in clarifying service definition and
performance expectations, its application to recurrent community services
is inappropriate.(54) Anita Tang, Senior Policy Officer with the NSW Community
Services Commission(55) suggests that the 'commodification' of community
services promotes a risk of constantly favouring providers rather than
consumers of services. This, she says, is because most non-government
organisations do not operate on the basis of market incentives (where
a drive to profit may work against consumers) and also because demand
for services far exceeds supply.
While competition policy potentially offers greater transparency
in management processes, there is real concern that service quality will
suffer where it is based primarily on price. A review of international
evidence offers no conclusive view on whether tendering and contracting
out is more cost-effective over other arrangements.(56) While on average,
unit costs of services are reduced there are enormous variations reported
for saving and losses across service types (from +28 per cent to -49 per
cent). There is also little current evidence that cost-savings are passed
on to consumers.(57)
The contracting out of community services may affect:
- the rights of access by recipients
- service quality
- cost-shifting from the community services sector
- cost-cutting within the sector
- loss of professionalism, employment and organisational memory.
Some analysts suggest, however, that there should be
little concern about the contracting of services and that there are few,
if any, services which cannot be contracted. Consultant, Gary Sturgess,
for example, comments on a long list of services, including utilities,
welfare services, prisons, defence, health and education, which can all,
potentially, be privatised. He points out that they are, to some extent,
already privatised in some Australian States and overseas. He suggests
that there are a number of essential governance functions which need to
be retained by the state. In general terms these include policy analysis,
planning and overview; maintenance of an open society; income distribution;
combat roles; judicial appeal and punishment roles; contract management
and monitoring; and, regulation.(58) (In so saying, it is acknowledged
that the whole area of 'essential governance functions' is the subject
of a far broader debate that can possibly be canvassed in this paper).
Each of these governance functions may be exposed to extreme stress in
the current enthusiasm for more and greater contracting out, particularly
as the resources and scope for contract management and policy overview
are trimmed. Many of these stresses are in themselves minor and incremental.
An illustration of the way in which governance functions are eroded is
seen, for example, in changes to the basis of statistical monitoring of
social trends.
In New Zealand, where there has been possibly the most
dramatic shift to privatisation of government services, there have been
difficulties in assessing changes in wealth distribution, because data
previously published on employment trends are no longer published on a
relevant basis (i.e. taking account of both part-time employment and changes
in the levels of cash benefits or subsidised government services).(59)
Thus, policy analysis and overview, and in particular whether social inequities
are resulting from macro-policy, becomes increasingly difficult to discern.
Some Australian researchers are beginning to voice similar concerns about
the availability and use of local statistical collections.
A further illustration of erosion in governance is that
in the split between purchasers and providers of services, dialogue tends
to cease, or at least become stilted. This often occurs under the guise
of confidentiality, but offers few opportunities for discussions at a
fundamental level about how best to solve complex social policy issues
and how best to meet the needs of ordinary people. While there may be
some opportunity to build into contracting an information provision requirement
(i.e. to assist in planning issues) there seems little doubt that an imposed
solution will result in distrust and suspicion, and at a practical level
such a measure would carry a non-service cost that few may bear willingly.
Effects on Service Organisations
A key issue for community service organisations is that
the indirect costs incurred by them in developing responses to tenders
and managing tendered services are not being charged to purchasing organisations
or otherwise recognised in contract prices. A British survey suggests
that the practice is widespread(60), and has the potential to damage the
fabric of the community service sector by stretching already over-stretched
resources. While there may be a temptation to mark the practice
down to inexperience in contract development, there would appear to be
some other factors at play. These include:
- the very selective nature of service contracts being let (highlighting
the vulnerability of service organisations still dependant on government
funding for core activities)
- the increasing dependency of individuals that organisations are asked
to serve
- the extent to which organisations have in the past allowed cross-subsidisation
of services, for delivery of services to otherwise unviable localities
(e.g. specific disability services in country areas), and
- the exclusion and shedding of maintenance costs (both of capital stock
and of human resources) from tender bids in an attempt to win contracts.
According to the British National Council of Volunteer
Organisations, community service organisations are tending to understate
the true value of service costs, or seek other ways to cut costs, in desperate
bids to win contracts, in some instances vital to their very survival.(61)
This research reinforces concerns expressed by ACOSS(62) to the effect
that services are suffering as organisations lose their bargaining power
relative to government 'purchasers of services'. There is also concern
among not-for-profit community organisations that, under the drive for
economic reform, they are being forced to adopt an ethos more appropriate
to profit-driven enterprises-the fear is that intrinsic values such as
social justice, cooperation, advocacy, community participation and networking
are threatened.(63) Community sector representatives argue that they are
not against good management and accountability, but that as they are neither
for-profit nor bureaucracies, a different form of management is required.(64)
There is also a sense that some government purchasers
appear neither to understand, nor are prepared, in the current environment,
to acknowledge the true costs to service organisations of service provision.
Hodge points out that the costs of monitoring and supervising the satisfactory
completion of contracts vary from between 3 per cent and 20 per cent of
the total contract price, and that cost savings are not being passed on
to Government or the community-on the contrary, these are apparently being
absorbed into greater numbers of management positions within organisations,
or into other organisational rewards.(65) There is also criticism of the
ability of Government sector managers to manage service contracts, particularly
to determine fair prices or to negotiate the types of services to be included
in agreements.(66) This may generate opportunities for service purchasers
to deliberately or inadvertently exploit community organisations which
are anxious to demonstrate their 'caring at any cost'.
Some community organisations and funding bodies are currently
grappling with the process of trying to write organisational values positions
into service contracts. In a South Australian study examining the contracting
out of community services, the service purchaser has recognised the complexity
of structuring service specifications (particularly where the characteristics
of a service are an integral part of that service).(67) Players across
the sector are seeking to ensure that there is an attempt at holism by
contractors in the process, and that there is an effort by the funding
body to understand the broader social context in which a service is being
delivered, but the whole process is falling far short of the desired position
of coordinated social policy discussions.
One practice in contracting out of services is the letting
of contracts for specific services as components rather than a whole system
of services. While this practice allows for an efficient understanding
of the cost of delivering a specific service, it may fail to take into
account the interrelated costs and benefits of envisaging the service
as part of an integrated whole. The evidence from British studies indicates
that the most profitable services are 'cherry-picked' by the private sector
or more powerful organisations with capacity to absorb tender development
and administration costs.(68) This evidence is supported by emerging trends
within Australian community service organisations, where even large organisations
operating multiple services are questioning their capacity to provide
essential community services under certain conditions. In a submission
to the House of Representatives Inquiry into Competitive Tendering of
Welfare Services, Bob Woodford (now Executive Director of the Yooralla
Society) comments that the explicit focus for the funding and outcome
of services and cost drivers under competitive tendering which have recently
pushed down prices preclude the ability of providers to 'cross-fertilise'
programs to enable the delivery of services, particularly in rural areas.(69)
In the South Australian study referred to above, the cost of tendering
has led to some smaller service providers either being forced out of service
roles or being encouraged into service agreements with larger providers.(70)
So, although there is concern about potential loss of cooperation and
collaboration between organisations, and even within organisations
(this threat was also acknowledged in the South Australian study) as a
result of cost-drivers, there is also scope for alternative cooperative
arrangements.
In the South Australian study, under arrangements which
promoted cooperation and collaboration between or within services, there
was scope for meeting the needs of service recipients with a high degree
of dependency. Commonly, for example, service organisations report that
an individual may be referred, or present in search of a particular service,
but on assessment, it may be determined that the immediate need is for
multiple services (an older person or person with a disability requiring
transport to medical appointments may also be found to be in need of meals-on-wheels
home help or carer services on a temporary or longer term basis). Under
contracting out, arrangements provide a 'loading' for such individuals,
and the capacity for organisations to meet the needs of those individuals
is yet to be tested.
The role of governments is also complicated by the extent
to which public and private roles are mixed up and even internalised within
the government sector itself. In areas where governments are both the
funder (or purchaser of services) and the service provider, competition
policy dictates that functions be separated to assist transparency and
stop collusion between bidders. However, there are concerns about the
tensions which may develop within an organisation charged with both the
responsibility of protecting the well-being of the community at large
and the well-being of consumers. Anecdotal information based on
the Victorian local government experience suggests that there has been
significant loss of trust within such organisations. There are suggestions
that this loss of trust may be based on the 'breathtakingly broad' confidentiality
clause that all organisations involved in service contracting are required
to sign.(71) In these circumstances, where an organisation is both purchaser
and provider, commentators have questioned whether the erection
of paper walls is sufficient to separate functions and keep integrity.
While there may be inherent danger of corruption in such an arrangement,
there are suggestions of other, more damaging, unintended consequences.
Hodge(72) suggests that the major risk of corruption relates less
to the business side of the equation and more to the loss of democratic
process, whereby reduced accountability to the community is justified
on the grounds of 'commercial-in-confidence' information.
Effects on Service Recipients
Of particular concern, as service delivery arrangements
change, are the consequences for the least advantaged people in our society.
From Britain there is evidence indicating that poorer people are likely
to 'give up' or reduce the hours of needed service under 'user pays' approaches.
Although research, both in Britain and Australia, indicates a long history
of charging for some community services, the combination of breadth and
size of charges is beginning to elicit broader and significant social
changes, including capacity to pay, employment (conditions and unemployment)
and gender equity. These are discussed in more detail, below. Historically,
some community services incurred charges either for symbolic reasons (to
convey the view that recipients were not paupers), to reduce costs to
taxpayers, to extend existing resources, or to target services in order
to reduce service abuse.(73).
In Australia, it is clear that the emphasis of seeking
a 'contribution' from service recipients has accelerated under competition
policy. In essence, the argument runs that consumer expectations may be
higher for paid rather than for free services, so levying a fee leads
to a raising of standards.(74) However, there is often no nexus between
identified need and the capacity to pay, or an inverse relationship is
present (i.e. 'user pays'). Further, critics are suggesting that because
competition policy is not reflecting the true costs of service provision,
service standards are actually diminishing and will continue to do so
over time. In the British study, researcher, Sally Baldwin(75) notes
concern among service recipients about the arbitrary nature of charges
levied and fears about capacity to pay, particularly if the scale of fees
changed. There is also concern about the diminution of the rights of service
recipients. In her study, Baldwin comments on the reluctance of recipients
to ask for a review of charges, or to 'shop around', fearing loss of the
service altogether. She also comments on the extent to which recipients
of 'user-pays' services felt the requirement to cut back on other essentials
in order to maintain their access to a given service ('essentials' included
food and telephone calls).(76) A similar situation, described in a recent
Australian report by the Brotherhood of St Laurence and Community Child
Care, indicates that increased child care costs have put significant pressures
on both essentials in family budgets and on their economic decisions.(77)
A further argument suggests that paying for services
confers a sense of ownership or control than if the service is free(78),
but whether there is any greater degree of satisfaction as a result is
a moot point. In an article in The Age, Kenneth Davidson(79)discusses
the dilemma for recipients of services, now contracted, but formerly provided
by local government in Victoria. In a particular situation, residents'
complaints fell into a loop between contractors (only engaged to do particular
tasks) and councils (no rate money to do more than engage contractors
for the bare minimum). The 'ownership through payment' argument also begs
the question of the status of services previously provided, through taxation,
as 'common goods'. In some ways, the question represents a debate not
yet conducted in Australia. Baptist Minister, Tim Costello comments that
the 'older notion of common good [declaring] that we all benefit by cross-subsidising
the more marginal in our community' was understood, and that the disappearance
of cross-subsidisation and with it the growth of 'customer' status under
competition policy suggests that now people may not now appeal to their
rights as citizens, but must, rather, pay their way.(80)
Another potential problem area for recipients of services
relates to their legal redress when community services are contracted
to another party. The vulnerability of service recipients is accentuated
among those who are highly dependent on services, who have limited capacity
to advocate on their own behalf, or who have few other support mechanisms.
Commenting on an Administrative Review Council Issues Paper in 1997, Deputy
Director of the Council, Sue Bromley, points out that there are limited
options under private law for service recipients who seek to take action
against a service provider. In the first instance, there usually needs
to be a written contract between the service recipient and contractor(81)
(which is more likely to be the case in the delivery of utilities than
in the delivery of community services). In the second instance, service
recipients may be unable or unwilling to take legal action because of
concern about costs, or for the reasons cited above. Bromley notes that
among complaints about contracted services to the Commonwealth Ombudsman
were issues of 'buck-passing', stand-offs between clients and contractors,
inadequate or ambiguous contractual arrangements and the absence of accessible
and effective dispute resolution processes.(82) Bromley further suggests
the need for a suite of additional remedies to enable redress to service
recipients.
For many service providers, 'customer service charters'
are increasingly becoming a feature of the service, either as a direct
legislative requirement (as in the case of Victorian local governments),
or as a voluntary 'marketing' feature. In general, such charters outline
the services recipients may expect, and minimum response times for dealing
with requests for assistance. In some instances, service recipients may
seek legal redress if their expectations are not met according to the
stated objectives of the charter.
Labour Force Effects
Where costs are being driven down under competition policy,
the effects within the community services sector upon the predominantly
female labour force is also having another potentially damaging social
effect-that of driving down further the earning capacity of an already
low-waged sector. As has already been indicated by studies in Australia
and in Britain, community service organisations are increasingly opting
for part-time, casual and less qualified staff, thus keeping costs to
a minimum in order to win contracts and stay in business. Australian research
shows that contracting out does lead to fewer staff being employed by
service organisations.(83) On the face of it, this may indicate greater
efficiency, but it also has the effect of reducing employment opportunities
within the sector. In the area of child care, in particular, there is
concern that the significant numbers of children being shifted from long
day care to family day care, is having the effect of forcing out more
qualified long day care staff in favour of cheaper family day care employment.(84)
There have been concerns of long standing about low levels
of appropriate training among non-government organisations, and although
overall training and skills development remains low, under reforms across
the sector in recent years, there has been increasing professionalisation
of the work force, and with that, commitment to quality training. There
is concern, however, that rather than a commitment to increased training
and skills development in the current environment, price-conscious service
contracting is leading increasingly to the exclusion of training costs
and hence to the de-skilling of service providers. In a sense, this de-skilling
is a depreciation of human infrastructure akin to the running down of
investment in capital infrastructure, which is ultimately likely to result
in a loss in service quality.
Effect on Volunteers/Volunteerism
The impact upon volunteers under contracting out is difficult
to determine because there are profound pressures upon volunteerism at
the very same time as the nature of service delivery is changing. As Healy
points out, concerns that volunteerism is waning appear unfounded-she
cites an Australian Bureau of Statistics survey which reports that one
in five adults undertake community work.(85) However, the majority of
'social care' voluntary work falls disproportionately upon women (with
men reportedly involved in sport and service club meetings). Studies have
shown that there are increasing pressures on women's time as they juggle
competing responsibilities. While volunteering may continue, the cost
to individual women of these pressures has yet to be assessed. Related
research indicates that women who are isolated through domestic responsibilities
are particularly susceptible to non-monetary rewards such as recognition
and status.(86) This evidence would seem to suggest the need for sensitivity
on the part of organisations recruiting volunteers to ensure they are
not exploiting the good nature of women.
There are other potential occasions for the exploitation
of vulnerable volunteers, for example in current government programs such
as 'Work for the Dole'. There is a need for vigilance to ensure that such
programs provide for the development of volunteers as well as for the
service and the community, and that volunteers are not merely regarded
by service organisations as a cheap source of labour.
There is clear evidence that volunteers are vital to
the operation of many not-for-profit community service organisations (for
example in the Industry Commission Report into Charitable Organisations
in Australia). Volunteers enable such organisations to deliver community
services on a cheaper basis than government-delivered services. While
the industrial relations issue of work substitution has been overlooked
to date in favour of this expedient, it may be set to change as more and
more 'for-profit' service providers enter the market and demand a fair
basis for competition.
Reform of Intergovernment Arrangements
in Service Planning and Delivery
Vertical Fiscal Imbalance
While 'duplication and overlap' was an early catch-cry
for reform in service planning and provision, a more compelling motivation
for reform may be the degree of 'vertical fiscal imbalance' regarded as
inherent in intergovernment relationships. In effect, although the Commonwealth
raises most of the revenue for expenditure on services, the Constitution
limits the types of activities or services on which the Commonwealth can
spend these resources. By long-standing agreement with the States, the
Commonwealth passes over a certain percentage of the revenue it raises
to the States as Financial Assistance Grants (FAGs). Some of these funds
are passed to the States and through the States to local government as
Specific Purpose Payments (SPPs) for areas such as hospitals, housing,
community services, roads. These SPPs are in effect an extension of FAGs,
but by their process of granting, they allow the Commonwealth a policy
role.
The degree of vertical fiscal imbalance has long been
a source of conflict in Commonwealth-State interactions. Much of the activity
of the Special Premiers' Conferences in the early 1990s was directed towards
redressing this imbalance, followed by more recent COAG activities.
Policy Approaches under Respective Governments
There is also a need to discuss the degree to which political
philosophy is likely to affect intergovernmental relations, social policy
and funding. Healy(87) traces the 'hallmarks of the Commonwealth government
in the Whitlam Labor years (1972-75) [as] increased central intervention,
competitive federalism between the Commonwealth and the States, the pursuit
of national goals and more use of tied grants'. This intervention was
largely justified on the basis of perceived gaps in services which State
Governments were failing to provide. Healy notes that the Fraser Liberal
Government (1975-83), by comparison, pursued:
...coordinated federalism with the States (separate
functions), devolved welfare responsibilities, reined back public
sector spending, and reinstated more revenue sharing. The Hawke Labor
government (1983-91) increased funds for social programs, sought cooperative
federalism, and consolidated welfare programs into cost-sharing arrangements
with the States. The Keating Labor government (1991-96) was more centralist,
especially on micro-economic reform, but engaged in joint reviews
of intergovernmental areas.
In Healy's view, the Howard Coalition Government is characterised
by 'more State rights, less central policy control, increased privatisation,
the Commonwealth to purchase but not deliver services, and a reduction
in social expenditure.' Healy notes that through all these shifts, however,
'the Commonwealth has steadily increased its power over social policy'.(88)
The current strategy of the Commonwealth Government is
to reduce, over time, its role in direct service delivery and service
management in the provision of health and family services.(89) The Department
of Health and Family Services will primarily 'purchase' health and family
services, but will maintain a role in strategic policy advice and setting
national service standards and targets. The trend towards privatisation
of service delivery has emerged as a response to the economic pressures
confronting all welfare states(90) but also through a desire
to reduce the cost of services. Service targeting is now the norm, widely
regarded as a way of redressing concerns about actual and perceived rising
levels of demand for service assistance, but also about discouraging dependence
on the State and to reinforce individual and family responsibility.
The Howard Government has also introduced a Business
and Community Partnerships initiative, supported by a Round Table meeting
of community leaders which has been asked to assist in the development
of the initiative, including:
- education, supporting a cultural shift toward philanthropic effort
and civic engagement
- recognition, based on a system of Prime Minister's Awards
- taxation issues related to philanthropy
- information gathering and dissemination, and
- facilitating best practice partnerships, including pilot programs
and mentoring schemes.
Working Groups addressing each of these components are
due to report to the responsible Minister at the end of May 1998. Hence,
currently little is known about the detail of the initiative. It is, however,
indicative of the Prime Minister's concern about the need for a 'new balance'
between government, business and the community, following 'the 1970s [perceived
as] the era of big spending by government on social programs' and the
1980s, 'characterised by the non-caring 'me generation'.(91)
The initiative appears to be similar to a British undertaking
promoting more effective business partnerships with the voluntary and
community sectors. 'Taskforce 2002', a British institution established
by the National Council of Voluntary Organisations reportedly notes that:
...business involvement in the community typically
goes through three stages, from philanthropy, to more systematic involvement,
to the point where it becomes an investment strategy, and community
activity becomes an integrated part of what the business does. Likewise,
voluntary organisations may start doubting the value of partnership
with business before discovering they are able to give help as well
as receive it.(92)
The British experience points to the need for more effective
local brokerage services to improve connections between businesses and
voluntary/community groups. The proposed compact between the British Government
and the voluntary sector is also seen by the Chair of 'Taskforce 2002'
as an important opportunity by which the Government can provide support.
Both in Britain and Australia, the success of such partnerships
will be measured by the extent to which socially 'unpalatable' parts of
the community sector, working with some of the least advantaged people,
will receive partnership support alongside so-called 'nice' charities.
A Prognosis for Community Services?
Over recent years, in spite of the government preoccupation
with issues of overlap and duplication of community services, and with
general reforms which have driven the need for improved accountability,
the issue having the greatest impact upon the service delivery system
is privatisation and the contracting out of services. A great deal of
faith is being invested in a market-driven approach to community service
provision being implemented by all spheres of government, although in
some places, it must be acknowledged, the approach is incremental rather
than accelerated.
But what happens if the market breaks down? What might
our society look like? In the money market, companies and shareholders
sustain losses and the 'fit' survive. In the sector which provides for
the least advantaged in society, a system breakdown will almost certainly
see a gradual fraying of the somewhat patched community 'safety net'.
The most vulnerable or at risk people in society will bear the brunt of
market failure-we can expect to see greater incidences of acts of desperation
by service recipients as people in their community support networks become
stressed by increased caseloads and responsibilities, or because less-qualified
or part-time staff are unable to pick up on 'cues' indicating their cries
for help. We may also expect to see increased evidence of poverty traps,
because there is a lack of any effective social policy overview. We may
expect to see more anger and frustration, because there are fewer opportunities
for people to have their say about how a service ought to be developing
and catering for their needs. We may expect to see less trust and social
cohesion, because there are fewer deposits being made by ordinary people
and by governments in the bank of social capital.
While there is no opportunity to reverse the clock on
privatisation, service organisations, providers and recipients are all
calling for governments to apply specific checks and balances to ensure
that the needs of service recipients are met holistically and that service
recipients are not worse-off as a result of privatisation and contracting
out. The need for an inclusive coordinating social policy mechanism, in
which the Commonwealth Government would take the lead role, has often
been suggested. Indeed, ACOSS argues that such a mechanism is urgently
required.(93) Such a mechanism may help to ensure that confidentiality
provisions do not become a barrier to social policy development. It should
include government and non-government sector players, providers and recipients
of services. It would need to ensure release of sufficient resources so
that all stakeholders are able to participate. Although by its very nature
there may never be a perfect model of community service planning and delivery,
the imperative has never been greater to overcome fragmentation in service
mix, scope, availability and affordability and set desired community objectives.
Governments, alone, cannot achieve these tasks. Overseas experience has
illustrated that to tackle issues in a piecemeal fashion, from service
to service or individual to individual, has the potential of denying society's
development.
Appendix 1: Chronology of Reports
and Inquiries relating to Community Services Development and Delivery
|
Year
|
Report/Inquiry
|
|
1976
|
Royal Commission into Australian Government Administration
|
|
1976
|
Inquiry into Poverty (Henderson Report)
|
|
1978
|
Task Force on Coordination in Welfare and Health (Bailey Report)
|
|
1979
|
Through a glass darkly: evaluation in Australian health and welfare
services, Senate Standing Committee on Social Welfare (Baume Report)
|
|
1981
|
Self Inquiry, Intergovernment Relations
|
|
1987
|
Community Development, Human Services and Local Government, Report
of Joint Officers Group to Local Government Ministers' Conference
|
|
1990
|
Better Services for Local Communities, report on the Rationalisation
of Intergovernment Administrative Functions
|
|
1994
|
Home but not alone, Standing Committee on Community Affairs Inquiry
into the Home and Community Care Program
|
|
1994-1995
|
Industry Commission Inquiry into Community Social Welfare Organisations,
Draft Report/Final report
|
|
1996
|
Getting Real, Final Report of the Review of the Commonwealth/State
Disability Agreement
|
|
1995-96
|
Economic Planning Advisory Council report on the future of child
care provision in Australia
|
|
1997
|
House of Representatives Standing Committee on Family and Community
Affairs, Competitive Tendering of Welfare Service Delivery
|
|
1997
|
Performance measures for Local Government, Industry Commission
report
|
|
1998
|
Senate Inquiry into affordability of child care (current)
|
Appendix 2: Commonwealth and State
Government Portfolios Encompassing Community Services
Community services programs and activities are planned and/or delivered
through the following Departmental portfolios:
Commonwealth:
Health and Family Services
Employment, Education, Training and Youth Affairs
Communication and the Arts
Environment
Immigration and Multicultural Affairs
South Australia:
Department of Human Services (encompassing previous Departments of Family
and Community Services, Housing and Urban Development and South Australian
Health Commission)
Western Australia:
Department of Family and Children's Services (encompassing Office of
Seniors' Interests, Women's Policy Development Office, WA Drug Strategy
Office)
Aboriginal Affairs Department
Homeswest
Office of Multicultural Interests
Ministry of Education
Disability Services Commission
Health Department of Western Australia
Victoria:
Department of Premier and Cabinet
Department of Natural Resources and Environment
Department of Human Services
Northern Territory:
Chief Minister's Department
Department of Housing and Local Government
Department of Sport and Recreation
Australian Capital Territory:
Chief Minister's Department
Department of Urban Services
Department of Health and Community Care
Department of Justice and Community Safety
Department of Education and Community Services
Tasmania:
Department of Community and Health Services
Department of Education and the Arts
Department of Environment and Land Management
Department of Tourism, Sport and Recreation
Queensland:
Department of Family, Youth and Community Care
Department of Environment and Heritage
Department of Housing, Planning and Local Government
Office of Arts and Cultural Development
Department of Sport and Tourism
New South Wales:
Ministry for the Arts
Department of Community Services
Ethnic Affairs Commission of New South Wales
Department of Housing
Department of Sport and Recreation.
Endnotes
- Judith Healy, Welfare Options: delivering social services, Allen
& Unwin, St Leonards, 1998, p. 2.
- Local Government Community Services Association of Australia (LGCSAA),
Combining rigour and whole community development with community services
and community development practice 1998, p. 1.
- Elaine Wilson Martin, 'Human Service Organisations Revisited: Still
a Useful Concept in the 1990's?', Australian Journal of Social Issues,
February 1997, p. 2.
- LGCSAA, op. cit., 1998, p. 2.
- ibid.
- ibid., p. 3.
- Australian Council of Social Service, Budget Priorities Submission
1997-98: For a Future that Works, Paper No. 83, January 1997, p.
135.
- Australian Institute of Health and Welfare (AIHW), National Classifications
of Community Services, 1997, pp. 9-65, 71-109.
- Australian Bureau of Statistics, Community Services, Catalogue
8696.0, 1998, p. 40.
- Australian Institute of Health and Welfare, Australia's Welfare,
1997, p. 5.
- Jenny Merkus, personal communication, 1998.
- Judith Healy, op. cit, p. 51.
- AIHW, op. cit., 1997, p. 11.
- Industry Commission, Charitable Organisations in Australia, Draft
Report, 1994, pp. 332-341.
- Judith Healy, op. cit., 1998, p. 60.
- Industry Commission, op. cit., 1994, p. xxii.
- OECD, Historical Statistics 1960-95, Paris, France, 1997, p.
71.
- Michael Jones, The Australian Welfare State, 1996, pp. 36,
37.
- OECD, Revenue Statistics 1965-1996, Paris, France, 1997,
p. 74.
- Michael Jones, op. cit., 1996, p. 45.
- AIHW, op. cit., p. 10.
- ACOSS, Federal Budget Briefing Kit, 1997, p. 22.
- Michael Fine, SPRC Newsletter, 1995, p. 2.
- AIHW, op. cit., 1997, p. 8.
- Michael Jones, op. cit., 1996, p. 46.
- AIHW, op. cit., 1997, p. 5.
- Michael Jones, op. cit., 1996, p. 46.
- AIHW, op. cit., 1997, pp. 18, 19.
- John Pritchard, personal communication, March 1998.
- AIHW, op. cit., 1997, p. 16.
- National Commission of Audit, Report to the Commonwealth Government,
June 1996, AGPS, Canberra, p. 44.
- Hon Dr Michael Wooldridge, Minister for Health and Family Services,
Press release, 1 May 1996.
- LGCSAA, op. cit., p. 1.
- Anderson & W. Sanders, Aboriginal health and institutional
reform within Australian federalism, Discussion Paper No. 117, Centre
for Aboriginal Economic Policy Research, ANU, 1996, p. 17.
- Joint Committee on Public Accounts, The Administration of Specific
Purpose Payments, Report 342, November 1995, p. 30.
- ACOSS, op. cit., pp. 15, 16.
- Australian Local Government Association, Better Services for Local
Communities: report on the rationalisation of intergovernment administrative
functions, November 1990, p. 13.
- Task Force of Joint Officers Committee, Local Government Ministers
Conference, Community Development, Human Services and Local Government:
report, 1986, p. 84.
- Jenny Wills, 'Community alliances and the new governance', Australian
Journal of Public Administration, 54(3), 1995, p. 376.
- Christine Fletcher, 'Responsive government: duplication and overlap
in the Australian federal system', Federalism Research Centre Discussion
Paper, No. 3, August 1991, p. 3.
- Cliff Walsh, 'Refocussing Commonwealth-State financial relations:
tax powers, microeconomic reform and intergovernmental relations', Business
Council Bulletin, 126, January 1996, p. 31.
- Janet Braithwaite, ACROD, Submission to House of Representatives
Inquiry into Competitive tendering of welfare service delivery,
October 1997, p. 223.
- ACOSS, op. cit., 1997, p. 31.
- Task Force on Coordination in Welfare and Health, Consultative
Arrangements and the Coordination of Social Policy Development: second
report, AGPS, Canberra, 1978, pars 156-159.
- Graeme Hodge, Contracting out Government Services: a review of
the international evidence, Montech, Melbourne, 1996, p. 3.
- Hon John Howard, Transcript of Address at the Wesley Mission Lifeforce
Suicide Prevention Commemorative Service, Opera House, Sydney, 30
April 1998.
- Hon John Howard, Address to the 'Australia Unlimited' Roundtable
Dinner, Grand Hyatt Hotel, Melbourne, 5 May 1998.
- Graeme Hodge, op. cit., 1996, p. 4.
- Industry Commission, Charitable Organisations in Australia: an
inquiry into community social welfare organisations, October 1994,
p. xxviii.
- Alun Michael, Building the future together, Labour's policies
for partnership between government and the voluntary sector, London,
Labour Party, March 1997, p. 1.
- Industry Commission, op. cit., p. 332.
- John Kain, National Competition Policy: Overview and Assessment,
Research Paper No. 1, Parliamentary Research Service, 1994, p. i.
- ibid., p. 32.
- ACOSS, Keeping sight of the goal: the limits of contracts and competition
in community services, Paper No. 92, September 1997, pp. 7, 21.
- Anita Tang, 'The changing role of government in community services:
issues of access and equity to administrative review', Australian
Journal of Public Administration, 56(2) June 1997, p. 98.
- Hodge, op. cit., assessed 129 current studies, with international
coverage, of 'contracting effectiveness' in privatised service provision,
and selected 28 of these studies for detailed analysis. Criteria for
inclusion were that studies had to report sufficient statistical information
of a high standard, with specific statistical controls - drawing a quantitative
relationship between 'contracting' to either the public or private sector
and 'performance'. 'Contracted services' included waste management services,
transport services, training services, hospital domestic and cleaning
services, information technology services, property tax assessment services
and unspecified local government services.
- ibid., 1996, pp. 26-29.
- Gary Sturgess, 'Virtual government: what will remain inside the public
sector?', Australian Journal of Public Administration, 55(3)
September 1996, pp. 69, 70.
- Michael Jones, Reforming New Zealand Welfare: International Perspectives,
Centre for Independent Studies, St Leonards, 1997, p. 97.
- Audrey Thompson, Community Care, 1997, p. 19.
- ibid, p. 18.
- ACOSS, op. cit., p. 16.
- Faye Williams, 'Impact of Hilmer reforms on Health and Community Services'
in What Price Competition Policy?, Public Sector Research Centre
Seminar Paper No. 17, University of New South Wales, Sydney, 1995, p.
99.
- ibid.
- Graeme Hodge, op. cit., 1996, p. 28.
- Steering Committee for the Review of Commonwealth/State Service Provision,
Reforms in Government Service Provision, Industry Commission,
Melbourne, 1997, p. 22.
- ibid., p. 9.
- Audrey Thompson, op. cit., p. 19.
- Robert Woodford, Submission to House of Representatives Inquiry
into Competitive tendering of welfare delivery, October 1997, p.
231.
- SCRCSSP, op. cit., p. 20.
- ACOSS, op. cit., 1997, p. 51.
- Graeme Hodge, op. cit., p. 30.
- Sally Baldwin, 'Charging for community care', Social Policy Review,
No. 9, 1997, p. 91.
- Judith Healy, op. cit., p. 49.
- Sally Baldwin, op. cit., p. 99.
- ibid., p. 100.
- The Age, 8 April 1998
- Judith Healy, op. cit., p. 99.
- Ken Davidson, 'Straightjacket on local councils tightened further',
The Age, 23 March 1998.
- Tim Costello, 'Can we afford to care?' in Governing Local Communities
- the future begins, Centre for Public Policy, 1997, p. 87.
- Sue Bromley, 'The Contracting Out of Government Services', Admin
Review, No. 48, May, 1997, p. 39.
- ibid., p. 40.
- Graeme Hodge, op. cit., p. 29.
- Jenny Merkus, op. cit.
- Judith Healy, op. cit., p. 95.
- ibid., p. 100.
- ibid., p. 52.
- ibid.
- Commonwealth Department of Health and Family Services, Annual Report
1996-97, AGPS, Canberra, p. 3.
- Michael Fine, op. cit., p. 2.
- Louise Dodson, 'Business to the Rescue', The Australian Financial
Review, 19 May 1998.
- David Grayson, 'Take your partners for the future', New Statesman,
24 April 1998.
- Australian Council of Social Service, Budget 98: Time for a 20/20
vision, Federal Budget Priorities Statement, 1998-99, p. 163.

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