How might we dramatically improve business and government interaction? Design Prospectus from the Australian Centre for Excellence in Public Sector Design November 2012 72% of businesses say the time they’re spending on ‘red-tape’ has increased in the last two years (National Red Tape Survey, ACCI 2012) Two-thirds of Australian company directors believe that the Federal Government does not understand business (Director Sentiment Index 2012, AICD) Australian Centre for Excellence in Public Sector Design 0 The Australian Centre for Excellence in Public Sector Design will assist the Australian Public Service (APS) to meet the challenges of delivering innovative, practical solutions to today’s complex problems and to explore new methods in solution formulation, development and delivery. The Centre will inspire creativity, innovation and a more citizen-centric approach through consultation, collaboration and co-design (Charter, May 2012) Milestones May 2010 - Management Advisory Committee report ‘Empowering Change’ released, including recommendation for the establishment of a Centre April 2011 - APS 200 Project on Public Sector Innovation reports to Secretaries Board June 2011 - Launch of the APS Innovation Action Plan December 2011 - Secretaries Board Decision to proceed with establishment of a pilot Centre for Excellence in Public Sector Design January 2012 - Call for Expressions of Interest for CEO for the Centre May 2012 - Secretaries Board agreement to the Charter and overseeing Board for the Centre June 2012 - Appointment of CEO, Ms Jane Treadwell July 2012 - Commencement of Centre operations August 2012 - Consultation and research on the problem areas facing government September 2012 - Inaugural meeting of the Centre’s Board and decision on the area for project exploration October 2012 - Research, interviews and first cross-agency Insight Workshop exploring business-government interaction December 2012 - Secretaries Board and Centre Board make a decision on the Design Prospectus January 2013 - Commencement of full design phase of the project Australian Centre for Excellence in Public Sector Design 1 At a glance This is an opportunity to better understand the business and government relationship and how things could be made better. The Australian Centre for Excellence in Public Sector Design (the Centre) was asked by its Board to scope projects within the problem area of government and business interactions to demonstrate the value and benefits of design thinking and design methodologies. Government and business have a complicated, messy, and highly variable relationship. This has led to much frustration and unnecessary costs, including opportunity costs, on both sides. The focusing question is, therefore, “How might we dramatically improve business and government interaction?” Following a design approach, an Insight Workshop1 to rapidly generate ideas was held with representatives from 26 Departments/Agencies on 30 October 2012, along with desktop research and one-on-one interviews with a mix of stakeholders. A primary challenge space – ‘buried in bureaucracy – ease my burden’ was identified. Two key sources of pain (‘pain points’) were identified within the challenge space and it is expected that others will emerge during the proposed further fieldwork research. The two pain points described in this prospectus are: ‘I don’t know – how do I find out?’ and ‘Tell me, hear me, let me have a say’.2 The research to date has also identified some insights of immediate value, including an area of possible further design-led exploration within the APS (see section titled Immediate Value). What is the proposal? This Design Prospectus seeks financial and staffing contribution from all government portfolios in order to conduct qualitative research, specifically ethnographic3 research, and apply some early stages of the design approach in and with Australian businesses. This will allow the APS to better understand the business and government interactions and identify preliminary insights for further exploration. Ethnographic research will generate a real understanding of the ‘lived experience’ of businesses and their interactions with government and help to create more compelling solutions that will connect with users. As an example, an international not-for-profit organisation called the Kafka Brigade has proven the utility of ethnographic research in tackling the wicked problem of ‘bureaucratic dysfunction’ to reduce government ‘red-tape’ and help businesses and bureaucracies to work better. We propose to explore the relevant elements of the proven Kafka Brigade methodology and other related 1 An Insight Workshop is conducted with people from multiple organisations with specific experiences or knowledge of aspects of the ‘problem’. It generates a composite picture of the context, issues, ‘actors’, barriers and possibilities under consideration 2 A further issue area around roles of government and business was also identified, touching on issues of uncertainty and changing expectations about respective responsibilities. It is not proposed that this area be a primary focus of the project, however it is expected that the outputs of the project will reveal insights that could inform future deliberations by relevant agencies. 3 Ethnographic research is based on observing people in their natural environment rather than in a formal research setting and helps to disclose points of frustration and see patterns of behaviour in a real world context. Australian Centre for Excellence in Public Sector Design 2 immersion/observational techniques in seeking to better understand the business and government interaction challenge and to develop a core APS capability in the method. What do you get? Insights into understanding business better through business segmentation categories and descriptors described by business itself Ethnographic research offering rich intelligence about the ‘lived experience’ of business and government interaction Insights into how competing tensions can be resolved, offering new options that do not compromise one for the benefit of the other Pointers to APS internal ‘red-tape’ sources and reduction opportunities Increased design thinking capability and goodwill between business and government by virtue of using an inclusive design approach An early demonstration of the value of design thinking Some key staff trained in applying design thinking to a critical problem area and further capability building in this approach across the APS Project deliverables will include: o A Report of Research Findings and Insights o Ideas and concepts for quick adoption or prototyping for early outcomes, and target areas for further design exploration. To be presented in Prototyping and Design Prospectus(s) (as appropriate) and submitted for consideration and resourcing to the Secretaries Board by no later than the end of May 2013. Australian Centre for Excellence in Public Sector Design 3 Ethnographic research is based on observing people in their natural environment rather than in a formal research setting and helps to disclose points of frustration and see patterns of behaviour in a real world context. What is the required investment? A funding contribution from each government portfolio of $10,000 - $20,000 Fully funded staff contribution to create a cross-agency team of 8-12 people4 to operate full time for a period of five months commencing in late January 2013. The team members need to have direct experience in dealing with business – policy development or delivery of programs and/or services, or be adept change facilitators; and be keen to apply the design approach and be trained in ethnographic research techniques Nomination of any specific industries/issues that should be explored in relation to the challenge space Access to relevant intelligence, expertise, data and networks of interest in the Department/Agency or its stakeholders Championing the project(s) in your sphere of influence. What must happen? Nomination of project team members and contribution to the Centre prior to Christmas. 4 Supported by staff from the Centre. Australian Centre for Excellence in Public Sector Design 4 Some government measures to improve business/government interactions Challenge space and pain points Existing government measures COAG Seamless National Economy (High Level) Standard Business Reporting business.gov.au Grants and Assistance Finder Advisor Finder Business Consultation Ongoing reporting Best Practice Regulation Report Ongoing processes Regulatory Impact Statements / Post Implementation Reviews Buried in bureaucracy – ease my burden Y I don’t know – how do I find out? Tell me, hear me, let me have a say N Y Y Y N N N Y Y Y N N N Y N N Y Y Y Y N N N Y Y N N N N Australian Centre for Excellence in Public Sector Design 5 We need to do this differently The challenges identified to dramatically improve business and government interaction are in areas that have been of long-standing concern. These are also issues that are regularly explored. Public sector agencies routinely look at how they can improve their services and stakeholder relations, and there are regular governmentcommissioned inquiries or reports into how things can be done better (or how a specific part can be done better) as well as policy decisions to enact changes. Yet the challenges still remain, despite best efforts at the Federal level (and matched by even more initiatives at the State and Territory level). There have been: Over 800 consultation exercises as listed on business.gov.au’s Business Consultation site (since 2007) Major reviews including the Taskforce on Reducing Regulatory Burden on Business (2005-06) and COAG’s Seamless National Economy Processes (2008-on) Formal engagement processes with business representatives (e.g. Action Agendas, Industry Councils, Advisory Groups and Boards). There is room for new approaches, outside of the realm of traditional inquiries, reviews, taskforces, committees, boards and formal consultations. Approaches that provide an integrated investigation across agency responsibilities, look at the underlying needs and provide an array of promising options for prototyping: options that may be able to break the dichotomy of choices such as cost reduction or better services. The Centre’s design approach will also work to ensure that the experiences of both ‘sides’ of the interaction are considered and ensure that the public service ‘dark matter’5 (the history, the intangibles and interplay of the different elements of the current systems) is not forgotten. Without understanding these aspects, it will be harder to design changes that ‘stick’ or integrate with people’s way of doing things, or inspire them to try something new. Internal forces for change - 5 External forces for change Tensions requiring change Government policy, initiatives, consultation processes Parliamentary inquiries Fiscal constraints Consultation vs collaboration Communication vs understanding Ongoing systematic reporting (e.g. Productivity Commission, Office for Best Practice Regulation) Government commissioned reviews Cost pressures Technological changes and opportunities (e.g. NBN, cloud computing) Economic structural changes (changing government priorities and areas of need) Cost vs service Changing business models Certainty vs flexibility Changes in expectations by users Compliance vs trust Regulator vs partner - Dan Hill, “Dark Matter and Trojan Horses: A Strategic Design Vocabulary” 2012 Australian Centre for Excellence in Public Sector Design 6 The design process Seeking November 2012 Analysing Synthesising May 2013 – A Report of Research Findings and Insights Design and/or Prototyping Prospectus(s) Prototyping Scaling To break through the fog of ‘wicked problems’ requires a different approach, a design approach which iteratively traverses the five stages from seeking to scaling and which: Values the citizen – seeks to understand what truly matters to them and, creates and delivers solutions with people for people Appreciates the context – understands and appreciates the contextual environment in which the problem operates Challenges the status quo – reframes the problem in terms of positive and measurable outcomes: how might these be achieved in a different way? Experiments with possibilities – experiments, tries and tests possibilities and options with users and stakeholders Is concrete – in the representation of the problem and potential better solutions, and communicates them clearly Employs – the creative and rational thinking of multidisciplinary teams. Australian Centre for Excellence in Public Sector Design 7 …only when you engage deeply with the subject matter will it reveal its nature and inform you on how best to tackle it The proposed design approach – working differently OR a third way? This Design Prospectus seeks a financial and staffing contribution for the early stages of the full design approach. The primary focus will be to use ethnographic research to achieve a deep understanding of the ‘lived experience’ of business/government interaction from a business and APS frontline perspective. This will encompass inviting the business community to define its preferred segmentation categories for better engagement. Preliminary analysis and synthesis of research information and insights will also be undertaken to target areas for further design exploration, and generate ideas and concepts for early adoption or prototyping. Ethnography is a research method based on observing people in their natural environment rather than in a formal research setting. When ethnography is applied to design, it helps to disclose points of frustration and see patterns of behavior in a real world context that then helps to create more compelling solutions that will connect with users.6 For example, an international not-for-profit organisation called the Kafka Brigade7 has proven the utility of ethnographic research in tackling the wicked problem of ‘bureaucratic dysfunction’ to reduce government ‘red-tape’ and help businesses and bureaucracies to work better. We propose to explore the relevant elements of the Kafka Brigade methodology and other related immersion/observational techniques in seeking to better understand the business and government interaction challenge and to develop a core APS capability in the method. This would be achieved by training the team formed to work on the challenge space and comprised of staff from the Centre and investing Departments/Agencies. The expected design outcomes and products: Insights into understanding business better through business segmentation categories and descriptors described by business itself as a first step to better engagement Ethnographic research offering rich intelligence about the ‘lived experience’ of business and government interactions Insights into how competing tensions can be resolved, offering new options that do not compromise one for the benefit of the other Pointers to APS internal ‘red-tape’ sources and reduction opportunities Increased design-thinking capability and goodwill between business and government by virtue of using an inclusive design approach An early demonstration of the value of design thinking Some key staff trained in applying design thinking to a critical problem area and further capability building in this approach across the APS A Report of Research Findings and Insights 6 American Institute of Graphic Arts, “An Ethnography Primer”, 2011 Kafka Brigade has offices based in Amsterdam and Delft (NL), Cambridge (USA), Budapest, Northern Ireland and Wales. 7 Australian Centre for Excellence in Public Sector Design 8 Ideas and concepts for quick adoption or prototyping for early outcomes, and target areas for further design exploration. To be presented in Prototyping and Design Prospectus(s) (as appropriate) and submitted for consideration and resourcing to the Secretaries Board by no later than the end of May 2013. To dramatically improve business and government interaction requires a deep understanding of the context, frustrations, concerns and expectations from the business and APS frontline perspective using the design approach in an explicitly experimental zone. “It’s a nightmare doing business with Government” (Small business owner, October 2012) Australian Centre for Excellence in Public Sector Design 9 THE CHALLENGE SPACE The relationship between business and government is impacted by many factors. Government operates in a range of roles, such as a regulator, a policy-maker, a granter, a purchaser and an adviser. Some factors have been highlighted by the Insight Workshop and will be explored. It is also expected that others will be identified during the fieldwork research. Buried in bureaucracy - ease my burden The challenge is finding new approaches that break the trade-offs between certainty and flexibility; compliance and trust; regulator and partner. An effective regulatory framework is essential for a country’s economic success, international competitiveness, development of industry, and for protection of the health and safety of its citizens and the environment. Excessive and poorly designed regulation – ‘red tape and green tape’, threatens business profitability, discourages investment, detracts from productivity and discourages innovation. Ultimately it translates into higher prices and reduced choice for the broader community. The traditional ‘triple R’ approach of ‘review, recommend and respond’ is not achieving the breakthroughs necessary as evidenced by the most recent business red-tape survey. While governments have actively pursued regulatory reform, business expects more: 72.4% are saying that the time spent on regulatory compliance has increased 73.1% are saying that the overall cost of compliance has increased in the last two years.8 As an example, the stakeholder interviews noted that firms doing new things can be stopped or be entangled by legislation/regulation that does not have the capacity for exemptions or exceptions, even though the firm may be offering a valuable product/service – SmartVet is a case in point.9 Investigations also point to the impacts of bureaucracy for public servants – in tying them and their resources up in doing activity that curtails their ability to assist businesses. “Culturally, we don’t see industry as allies.” (Public Servant, October 2012) “If we try to engage with industry in developing regulation we can be seen as biased.” (Public Servant, October 2012) 8 Australian Chamber of Commerce and Industry (ACCI) National Red Tape Survey, October 2012. The SmartVet device, which uses a paintball type gun to apply antiparasite medication to cattle falls within the technical definition of a ‘firearm’ and therefore cannot be imported without meeting one of the specified tests under the Regulations. However, by their nature, these items will have difficulty in meeting tests associated with firearms, such as the requirement for a serial number or a safety catch. As a consequence of the rigidity of the current Regulations, an innovative product developed by an Australian company cannot benefit the Australian livestock industry but is providing those benefits to Australian industry competitors through the product’s success in international markets. 9 Australian Centre for Excellence in Public Sector Design 10 Improving the regulatory framework is challenging “but the rewards are potentially large (with red tape reductions alone estimated to be worth some $12 billion in extra GDP).”10 10 Garry Banks, Chairman Productivity Commission, “Industry Assistance in a ‘patchwork economy’”, ACCI Annual Dinner, Canberra 23 November 2011, p13. Australian Centre for Excellence in Public Sector Design 11 “Communication is often in the language of government rather than in the language of firms” (Public Servant, October 2012) The first cross-agency Insight Workshop identified the following early ideas: More consistent and rigorous application of risk and proportionality based compliance approaches (‘trust first’ and ‘earned autonomy’) A ‘tell us once approach’ and a single source of truth for business and government transactions Simplifying and streamlining procurement, applying a more pragmatic risk management approach (single tender template and process). An opportunity exists for a different approach – a design approach – starting with ethnographic research to gain a deep understanding of the causes of the problem, concerns and expectations in business and government interactions. Australian Centre for Excellence in Public Sector Design 12 Pain points Ethnography vividly identifies people’s ‘pain points’ and guides the way towards solutions. 11 The challenge is finding new approaches that break the trade-offs between reducing costs and delivering responsive personalised services; communication and understanding; and consultation and collaboration. I don’t know – how do I find out? The public sector and its processes can be difficult to navigate and can require considerable familiarity and experience that realistically most businesses cannot afford to build or obtain. Businesses need confidence in knowing where to go for clarification, to understand the broader policy context and decisions that may affect their specific industry sector and business activities. To know whether there are services relevant to them (or not), what is negotiable and what is not, whether they can do something and who can tell them authoritatively whether they can. “As a small business you need to engage with lots of areas in the hope that you come across someone that will take pity on you and help you” (External view, October-November 2012) On the other side, it can be difficult for those working in the public sector to find out what is happening within government and knowing the right contact. Information sharing and overcoming organisational silos remain challenges that limit the abilities of public servants to provide a smooth experience for business. If those in front-line roles struggle to remain up-to-date with the offerings and obligations, then how can businesses be expected to do so? Tell me, hear me, let me have a say Business community engagement with government can range from information exchange, development of understanding and skills, influencing policy and/ or services, to co-governance. The importance of effective engagement is widely recognised, if not always well executed. Increasingly citizens are seeking a greater role in the development of policies and services. Spurred on by the greater capability and portability of communications technology allowing for “deepening democracy and engaging the citizenry so that governments don’t just ‘consult’ their constituents, but draw all those with the enthusiasm, expertise and relevant local knowledge into active collaboration with them.”12 “Need to understand the mechanics of the day-to-day lives of small business owners.” (Public Servant, October 2012) Investigations point to concerns that the public sector is still not very good at listening, that it doesn’t consult at the beginning of a process when changes can be effected, and is not transparent about the purpose or end use of information collected. There is also an expectation by many businesses that if they tell one part of government something, then the other arms will know it too. 11 12 American Institute of Graphic Arts, “An Ethnography Primer”, 2011 Gov 2.0 Task Force Report Australian Centre for Excellence in Public Sector Design 13 The first cross-agency Insight Workshop held to explore the challenge of business and government interactions identified the following early ideas for relieving these pain points: A capability for aggregating information, collaborating in real-time and for tracking engagement, activity and requests across agencies from businesses Providing for on-demand business competency development using life long learning approaches and latest technologies A library of Business Personas to increase understanding of business needs through the business lifecycle. To dramatically improve business and government interactions requires a richer and shared understanding of policy and business outcomes, information needs of both parties, and mechanisms for strengthening engagement to enable not only better consultation but collaboration and skills development. This all has to be based on a much deeper understanding of the lived experiences of business in dealing with government. Australian Centre for Excellence in Public Sector Design 14 Immediate value Insights and ‘incidental goods’ will be derived and shared across the APS at every stage of the design approach. In addition to the intended benefits identified the Centre will also look to accomplish other useful outcomes for project contributors as a by-product of the design approach. These by-products may include contributions to the capability and operating framework of the public service and specific insights and promising options for consideration or immediate action by individual agencies. Wider enabling benefits Providing a platform for a rich understanding of how public servants and businesses view each other and their expectations of each other and their respective roles and responsibilities. Building capacity for design and innovation in the public sector and participating agencies. A ‘real-life’ use of design and innovation techniques in a non-critical environment with an explicit experimental mandate (and therefore relatively lower risk), the lessons of which can be codified and shared with agencies that may not be in a position to trial these newer and less understood approaches to public sector administration. Greater exploration of forming teams in an agile manner, for example using ICT and flexible spaces innovations, which will provide intelligence about different project methods and working arrangements outside of the more structured traditional taskforce approach. Specific ideas Initial project investigations have uncovered a number of insights and ideas that may be worth application and exploration by agencies. Customer service journeys and the use of personas (fictional representations of different types of users within a targeted demographic) are common in service delivery in both the private sector and in the human services areas of the public service. They are less commonly used in the policy and business interaction areas of government, but potentially offer a way of considering different categories of users when fuller consultation is not feasible or possible (e.g. in Cabinet-related processes) There may be advantage in following the example of the US Government which has issued an instruction to all Federal agencies to undertake user testing before introducing new complex or lengthy forms to ensure that the forms are not unnecessarily complex, burdensome or confusing, and identify ways to reduce burdens and increase simplification. A number of agencies (notably the Australian Taxation Office) already conduct some user testing but a similar instruction for the APS could provide an important symbolic gesture and help keep the end-user in mind throughout the development of forms and information requests Like the business / government interface, the business/ research interface is likewise complicated and difficult, yet is an integral relationship for driving economic growth and making sure that public research funding is leveraged to the full extent. Business and universities make initial connections and build relationships in myriad ways, however there Australian Centre for Excellence in Public Sector Design 15 is no single ‘front door’ like ‘business.gov.au’ to aid firms looking to engage with universities for the first time. An alert The initial cross-agency Insight Workshop on the business and government interaction project raised a shared concern about whether businesses (and indeed other stakeholders) are aware, and accepting, of the limits of the Australian Government’s reach and responsibilities. This includes awareness of and understanding of the Constitutional and legal limits of government power. These concerns should also be viewed against the backdrop of other drivers for change – new technologies, processes and trends – that are influencing what is possibleand expected of government (and of businesses and intermediaries).The way the Federal Government operates and ‘designs’ programs and establishes relationships with business may be challenged and changed by new platforms and technologies, by new understandings and shifts in thinking about what the public sector should and can do. There may be merit, therefore, in a small group of officials exploring these issues from a design perspective. This could potentially avoid any reflexive legislative/regulatory responses to individual issues and would also be a useful demonstration of design thinking applied to an early investigation and policy thinking space, rather than further along in the service delivery design and implementation space. The Centre would be happy to explore this further with central agencies if agreed, and provide a report to the Secretaries Board early in 2013. Australian Centre for Excellence in Public Sector Design 16 What next? The Centre has been established to demonstrate, in partnership with APS Departments and Agencies, the values and benefits of design thinking and design methodologies in dealing with multiagency ‘wicked problems’. The problem selected by the Board for attention is: “How might we dramatically improve business and government interactions?” It is clear from existing research that much has been done by government, and yet the overall effort, coupled with reports, public statements and statistics, strongly suggests that a different approach could be beneficial. It is proposed to employ qualitative research, specifically ethnographic research to better understand the perspective of businesses. It will seek to also identify opportunities for better solutions. The challenge space and pain points identified in the cross-agency Insight Workshop will be tested and expanded during this fieldwork. What is the required investment? A funding contribution from each government portfolio of $10,000 - $20,000 Fully funded staff contribution to create a cross-agency team of 8-12 people13 to operate full time for a period of five months commencing in late January 2013. The team members need to have direct experience in the challenge space from a practitioner perspective – policy development or delivery of programs and/or services, or be adept change facilitators; and be keen to apply the design approach and be trained in ethnographic research techniques Nominate any specific industries/issues that should be explored in relation to the challenge space. Provide access to relevant intelligence, expertise, data and networks of interest in the Department/Agency or its stakeholders Championing the project(s) in your sphere of influence. Note that: Following the Secretaries Board meeting, the Centre will draft a project plan and discuss resource transfers with the relevant Department/Agency with a view to the project being established in early February 2013 The Centre will be responsible for project management with oversight being through the existing governance framework of the Centre’s and Secretaries Boards, supplemented by a Senior Officer’s Reference Group Project deliverables will include: o Business segmentation categories and descriptors o Report of Research Findings and Insights o Ideas and concepts for quick adoption or prototyping for early outcomes, and target areas for further design exploration. To be presented in Prototyping and Design Prospectus(s) (as appropriate) and submitted for consideration and resourcing to the Secretaries Board by no later than the end of May 2013. Australian Centre for Excellence in Public Sector Design 17 Our foundation partners Australian Government Department of Industry, Innovation, Science, Research and Tertiary Education Australian Taxation Office Department of Education, Employment and Workplace Relations Department of Immigration and Citizenship Australian National University Our foundation supporters Australian Government Department of the Prime Minister and Cabinet Department of Finance and Deregulation Australian Public Service Commission IP Australia Comcare Australian Centre for Excellence in Public Sector Design 18