Lessons from the Cold War


 

Lessons from the Cold War  - Australian public service values – using them as part of visa advocacy
By Lorenzo Boccabella, BA, LLB, a specialist in migration law (16 February 2021)

During the cold war, one of the more effective tools of negotiation with the Soviet Union, was to use the USSR’s own laws and standards to quote back at the adversary. The message then was “meet your standards”, which always goes down better than saying meet our standards.

Now, it is not suggested in this short article, that employees of Immigration are comparable to bureaucrats in a totalitarian regime like the communist USSR.

However the technique of quoting back to delegates, the very standards which they are meant to meet can be useful in the process of advocacy, persuasion and in the negotiating. It may surprise you to know that the Australian government’s own standards require officers to be “open, transparent and accountable”!

Let’s start first with the Dept of Home Affairs own charter an extract of which states:

“What you can expect from us
We individually and collectively uphold the Australian Public Service values and demonstrate core service behaviours in our dealings with you. We are:

  • accountable – we are open and accountable to the Australian community under the law and within the framework of Ministerial responsibility

As officers of the Department we will:

  • be fair, open and reasonable in all that we do

  • give you clear, accurate and timely information or help you to find it”

[https://www.homeaffairs.gov.au/access-and-accountability/our-commitments/plans-and-charters/our-service-charters]

I next move onto the “Australian Public Service Values”. Here are some extracts:

“Section 2: Relationship with the public

2.1 Summary

2.1.1 Trust in government and a nation's democratic institutions is significantly influenced by the experience of business and the public as clients of the public service.”

Accountable

2.2.18 The Directions about this Value require APS employees to be open to scrutiny and transparent in decision-making.”

[https://www.apsc.gov.au/aps-values-and-code-conduct-practice]

Also worth reading is the Australian Public Service Commissioner’s Directions 2016. In relation to 13  Committed to Service, the Commissioner states:

“Having regard to an individual’s duties and responsibilities, upholding the APS Value in subsection 10(1) of the Act requires the following (amongst other things):

14  Ethical:  (e)  acting in a way that is right and proper, as well as technically and legally correct or preferable;

15 Respectful

(a)  treating all people with dignity and recognising that all people have value;

(b)  dealing with all people honestly and with integrity;”

All these can be useful in getting an extension of time while waiting for a Freedom of Information Act application to be processed. They are useful in making submissions to the global feedback unit. And they can be woven into submissions in response to natural justice letters.

All advocacy, of course is about persuasion.

Divya Aggarwal