Systemic Non-Accountability in New South Wales Public Administration

This document presents the Independent Public Harm Accountability Act 2025 (NSW) — a draft legislative model designed to introduce personal accountability into New South Wales public administration. The Bill establishes an Independent Public Harm Tribunal (IPHT) with statutory powers to investigate negligence, abuse, discrimination, rights violations, data breaches, preventable deaths, and other forms of public harm caused by NSW public officials. The Act addresses a critical gap in NSW governance: while corruption results in dismissal and prosecution, negligent or harmful conduct toward citizens typically results only in internal training, policy updates, or “lessons learned,” with no personal consequence. Drawing on 351 real, publicly documented failures from 2009–2024, the Bill translates empirical findings into enforceable legislative mechanisms, including: Mandatory referral of substantiated failures from oversight bodies Independent disciplinary determination separate from departments and ministers Mandatory dismissal thresholds for serious harm Public register of disciplinary outcomes Prohibition orders preventing re-employment in high-risk roles Whistleblower protections, victim voice, and transparent reporting Retrospective jurisdiction where risk to the public continues The Act is drafted in neutral, non-political legal language consistent with NSW statute standards and comparable to disciplinary systems used in the UK, Canada, and New Zealand. It provides a lawful, ethical, and constitutionally valid pathway to restore public trust and embed real accountability into the NSW public sector.