Mandates for change management in the ministry of justice under the State Administration Act (No. 5) of 2002.

Choonhaklai, Sirirat ; Sirisunhirun, Somboon ; Dhanadirek, Rachada 等

HISTORY AND RATIONALE

All societies are dynamic to some degree. Administrative problems will always arise continuously. In recognition of this, the Thai government has introduced new approaches to the operation of public organisations so that updated management can be instituted to cope with international and domestic change. Both technology and the mindset of the civil service will have to be adapted to meet the public's requirements.

The Declaration of the State Administration Act (No. 5) of 2002 and of the Act on Organization of Ministries, Sub-Ministries and Departments of 2002 have made profound changes in two aspects of public management. Firstly, the pre-existing organisational structures of all ministries were either eliminated, adapted, or consolidated. This caused the number of ministries to grow from fourteen to twenty. Secondly, public management as a whole was radically changed by the introduction of new policies, e.g. the "Quick Process" procedure designed to decrease the time required to provide services, and the global concept of public-mindedness as a philosophy of ministerial operation. Various improvements in administrative effectiveness were also introduced in all public administrative agencies. Decentralization and governmental accountability to the public were integral goals of the reforms.

With regard to the State Administration Act, public agency management was decentralized to staff levels, and flexible management of the ministerial organisation was introduced. The intent was to ensure that the public would be served quickly, politely, and with a friendly concern for the problems of individuals. It was realised that achieving this ambitious goal would require the public administrative organisations to think, analyse and plan strategically. Never before had public organisations faced the challenge of long-term planning. In the past, some plans had not been implemented seriously, so the issue was in some doubt. In accordance with the new acts of the government, the Ministry of Justice had improved the legal code. Additionally, the ministry was divided into four parts: the office of the Justice Minister, the office of the Permanent Secretary of the Justice Ministry, a cluster of missions, and units under the Ministry of Justice (ten agencies, the Office of the Justice Minister, Office of Permanent Secretary of Justice Ministry, Department of Probation, Department of Rights and Liberties Protection, Department of Legal Execution, Department of Juvenile Observation and Protection, Department of Corrections, Department of Special Investigation, Office of Justice Affairs, Central Institute of Forensic Science).

It is possible that the introduction of the new laws and the new principles of public administration might not work well. Staff might not think of it as necessary for the improvement of their administration. Some of them might feel that their routine work need not change, or they might feel that change would weaken their status in the organisation. Some might find the unfolding situation deeply disturbing and threatening. Managers could worry that change will harm their job security.

This research was aimed at monitoring the administrative situation of the Ministry of Justice and surveying the readiness of the civil servants to the policies affected by the new acts. At the time when the research was conducted in 2005, the concept of total quality management, especially the model of Malcolm Baldrige National Quality Award Criteria (MBNQAC), was new to Thailand. The present authors employed these criteria to assess the actuality of practices against the expectation of personnel so that the administrative status of the ministry would be totally revealed. Guidelines to improve the management of the Ministry of Justice were to be appropriately suggested.

Under the current constitution of 2007, public administration seems to ignore the spirit of the State Administration Act (No. 5) of 2002 despite the fact that the act is in effect. The constitution of 1997 recognised equity, public-focused administrative procedures, and restorative measures to assure justice. These concepts were not, however, promoted and realised adequately. A benefit of publishing the research at this time is that it will attract the attention of everyone in public administration, including the academic community, to the necessity for policy revisions. Moreover, to promote contributions specific to public agencies, additional recommendations are provided for development of personnel and organisations.

LITERATURE REVIEW

All modern organisations, whether they realise it or not, have issues regarding their organisational cultures. These problems hinder the organisational development necessary to meet the challenges of social and global change. Academics insist that if an organisation is to adapt and evolve, it must do so in accordance with principles that insure substantive and procedural quality and recognise the essential importance of strategic human resource management (Schuler & Jackson, 1987; Wright & McMahan, 1992; Lao & Wilson, 1994). The link between social requirements and human resource management is emphasised as instrumental in achieving organisational effectiveness (Huselid, 1995; Guest, 1997).

In order to prepare organisations for change and to manage novel circumstances effectively, management must examine alternative approaches. The study of change management and of the readiness of the civil servants to cope with new laws regulating organisations are reviewed. Another focus will be on the issues of the State Administration Act (No. 5) of 2002, the ministerial act of departmentalisation of the Justice Ministry of 2002, and the involved laws. This will enable readers to understand the background of the ministry. Next, theoretical concepts of change management and staff preparedness used as the research framework will be discussed.

THE STRUCTURE OF JUSTICE MINISTRY AND RELEVANT LAWS

In obedience to two laws enacted by the government, The Ministry of Justice changed its regulations. The State Administration Act (No. 5) of 2002 and of the Act on Organization of Ministries, Sub-Ministries and Departments of 2002 required the Ministry of Justice to launch its Act of Departmentalization Restructuring of 2002. In chapter 3/1 of the State Administration Act (No. 5) of 2002, it is stated that the responsibilities of the public administration are to provide the benefits of justice and well-being to the people, minimize costs and maximize the effectiveness of management, decentralize decision-making, and reduce work procedures. Responsibility and accountability of all public services must be audited. Information must be available to all so that public participation in government can be a part of administrative monitoring and evaluation. Chapter 9 of the same Act indicates that all public agencies including the heads of departmental levels of the Justice Ministry must prepare strategic long-term plans and integrate all resources for cost-effectiveness. Additionally, in chapter 21 of the Ministerial Act of Departmentalization Restructuring of 2002, the permanent secretariat of the ministry is assigned the authority to monitor and control the agencies so they cooperate in carrying out ministerial plans. It is specifically stated that a department is to carry out its work by focusing on performance that meets the organisational goals.

Further, chapter five of the 1997 Thai Constitution reads: "The rights and freedom of the people must be protected." This is a primary concern of the administration of the Ministry of Justice, as it defines the fundamental responsibilities of the state. Accordingly, the ministry must provide systems and mechanisms to provide equal justice to the people. The implementation of the law is subject to continual improvement in order to meet the demands of the people.

Another important act is the Royal Decree on Criteria and Procedures for Good Governance, 2003. This act emphasises the objectives of the State Administration Act (No. 5) of 2002 as the management of public projects with attention to the technique of "Public focus." Stated goals are the integration of public resources so results can be achieved and verified through the employment of clearly-defined indicators; the promotion management cost effectiveness; the maintenance of proper work processes; and the satisfactory, equitable and prompt service of the people.

The State Administration Act of 2002 led the ministry to restructure itself into various units including the ten agencies, the office of the Justice Minister, and the office of the Permanent Secretary of the Justice Ministry. The Office of the Permanent Secretary of the Justice Ministry functions as a core for the overall operation and implementation of the ministerial plan, monitoring and evaluating the work of all units. In order to raise administrative competency, institute policies to benefit the people, resolve social conflict, effect "restorative justice" and to inform and initiate policy development, new management concepts were introduced in the Ministerial Master Plan of 2005-2007. The term "restorative justice" refers to the identification of and delivery to the victim of a tangible product, i.e. something of value that enables the victim to regain his property or be compensated for his loss. Public access to information is of paramount importance in restorative justice, as that will permit a system of checks and balances to operate nationwide: the public must know that justice is available and how to obtain it.

The Ministerial Strategic Plan of 2005-2008, as defined by the State Administration Act (No. 5) of 2002, specifies the government agencies tasked with drawing up a long-term (four year) plan to meet the government policy. Accordingly the ministry delineated six strategies: 1) the provision of opportunities for people to access genuine justice; 2) a policy of fair treatment for all persons; 3) the strategic suppression of crime and corruption; 4) protection from intimidation, extortion and threats; 5) an unstinting program to prevent substance addiction; and 6) the development of the competency of all agencies through employment of good governance.

CONCEPTS OF CHANGE MANAGEMENT

Trends in the economic development of the world from 1980 to 1990 were extraordinarily powerful. Their cascading effects inevitably led to organisational changes in virtually all organisations. Governments and businesses and educational institutions were influenced. Among the innovations provoked by change were new technologies that reduced and redefined manual labour.

In order to remain effective and/or competitive, organisations of every sort must study their environments closely and modify their managing strategies--or replace them outright with newer models. In recognition of these truths, the present authors would like to promote an understanding of the meaning and implications of the term "Change Management."

It is posited that change management is the main frame and the focus of this research. Change management is an approach to transforming organisations from a current state to a desired future state by applying tools and knowledge and all the resources of administration systematically and rationally. Note, however, that in order to manage change, the organisations must make corporate plans to gear all human resources to force change to be relevant and responsive, i.e. to meet the needs of the public and staff. Change management is a crucial element of organisational development. The process of shaping and using change properly will result in the successful adaptation of the organisation.

An alternative and supplementary definition of "change management" refers to the means employed in the systematic improvement of the organisation. Change can be accomplished globally--across the entire organisation--or only on limited, specific staff levels. Regardless of its extent, it is vital that management understand that change management must be implemented as an adaptation to undeniable shifts in the organisation's environment. That implies that a pre-defined framework must exist, tailoring the impacts of change and applying them to the unique needs of the organisation.

Clearly, the decision-makers in the organisation must maintain control of events and follow up their efforts by monitoring effects; the improvements made by effective administration will be measurable, if they exist. Successful, durable improvement demands skilful and competent executive leaders.

In effecting successful organisational change, organisations must provide comprehensive and clear definitions by raising such questions as: what change is to achieve, why this achievement is needed, how to know what areas of change the organisation needed, whom the change will affect, and how everyone will react to it. The implications are manifold. Note, for example, that the above considerations relate directly to management at individual and organisational levels. Additionally, information gathering and processing, technology, and work procedures will have to be modified to cope with and facilitate the new environment.

Change management invariably leads to both beneficial organisational development and conflicts. The challenge to be open to necessary change is not trivial. Good management can meet that challenge by putting its trust in personnel. Organisation-wide participation--making everyone feel they are true partners in the undertaking--is essential. Clear definitions of the problems to be solved and the scope of their solutions must be specified.

Ackerman (1997) defines three types of change: first, developmental change; this change might occur gradually as a process of work improvement--e.g. projects expansion or tactical adjustments. The second type is transitional change. This occurs when an organisation wants to make broader and deeper alterations. It is always based in comprehensive and rational planning. Most organisations execute this change more or less continually. Lewin (1951) and Schein (1985) agree with Ackerman and amplify their view of the transitional change process by defining three stages in it: unfreezing, moving and refreezing. The initial stage, unfreezing, is directionless, expresses no expectations, and is fraught with worries about potential problems. When this situation comes to its apex it serves as motivation for imposing anxiety-reducing change. The moving stage drives the organisation into a new set of circumstances and adaptive strategies. Now management analyses the organisational environment and considers alternatives for positive change. Leaders convey the unfolding policy to staff and ensure that staff understand their new roles.

The final process, refreezing, will occur only when the organisation integrates and applies the results of the study to tasks. This can be achieved only if the organisation has prepared the staff by enabling and nurturing good relationships among all members, positive perceptions of the impending changes, and a value system that believes in the necessity of improvement and looks forward to its benefits. Armenakis, Harris and Field (1999) have concepts of the process of change similar to those of Lewin and Schein. The terms and sequences vary only slightly. Armenakis et al. define the three steps of change as staff preparedness, adoption of principles, and institutionalisation.

The third type is transformational change. Once an organisation has effected change, conflicts are inevitable. A number of staff will resist the new as unwise, threatening or possibly even exploitive. Accordingly, preparation for change, once begun, can never stop: continual efforts such as staff learning opportunities and human resources development are essential.

When an organisation must restructure, all of the changes have to be made clear to everyone. Transparency suggests honesty and good will, and improves the likelihood that innovation will be seen as refreshing rather than threatening.

CONCEPTUAL FRAMEWORK

There are many models for and approaches to the study of the management of organisational change. The objectives of research may be defined to clarify the complexity of public organisations, the needs for change (which arise from problems within the organisation), identification of persons precisely involved in and impacted by the change, and the plans and strategies for resolving problems and overcoming difficulties.

As mentioned earlier the current research has two objectives: the analysis of the administrative situation of the Ministry of Justice in order to find guidelines to improve the management of the ministry, and the study of the readiness of staff for change in accord with the new acts. The research frameworks for this study are set forth below.

1. The assessment of total management in order to establish guidelines for organisational improvement. In order to see the total management of an organisation, analysis has to be done in every dimension of the administration. The model for total quality management found in the Malcolm Baldrige National Quality Award Criteria (MBNQAC) is ideally suited to this purpose, and is accordingly employed in this study.

The MBNQAC serves two purposes: as a role model for other organisations, and as an aid to organisations assessing their improvement efforts, diagnosing their overall performance management system, and identifying their strengths and opportunities for improvement. The criteria of MBNQAC comprise seven elements: leadership; strategic planning; public focus; measurement, analysis, and knowledge management; human resource focus; process management; and performance results. The measurement of each dimension is set forth below.

(a) Leadership is measured by clarity of policies, goals and direction of the ministry, suitable organisational strategies, and public participation.

(b) A Strategic Plan is measured by a study of the agency's policies; goals and attention to social problems; equality and justness of services; the degree of the public's access to justice; staff participation in the planning process; implementation of plans/projects; and alignment of organisational culture and the principle of good governance.

(c) Public Focus is measured by a study of the inclusion of public needs in the planning, focusing on quality service, and responses to public's complaints.

(d) Measurement, Analysis, and Knowledge Management is measured by the study of organisational management of information, and of organisational knowledge of information technology and needed information and data.

(e) Workforce Focus is measured by a study of both management's and the workforce's capability and capacity to accomplish the work of the organisation, engagement of the workforce in achieving organisational and personal success, and an evaluation of the effectiveness and supportive nature of the workforce environment.

(f) Process Management is measured by a study of the system of performance report accessible to the public, the procedures that are convenient to customers, information and communications technology that supports operations, and the system of service follow-ups.

(g) Performance results are measured by a study of the organisation's performance and improvement in all key areas--services outcomes, people-focused outcomes, workforce-focused outcomes, process effectiveness outcomes, budget savings and work effectiveness.

2. The study of readiness for change of the civil servants of the ministry which is the second framework of the research employed the guidelines of Lewin (1951) and Armenakis et al. (1999). As Lewin defines it, readiness for change is the preparedness of the staff to accept the change and then use their energy for work. Armenakis et al. define it as the state of staff perception to allow them to understand change. Thus, the measurement of the staff perception, as an indicator of readiness, can be done through an assessment of their knowledge and attitudes towards change.

RESEARCH METHODOLOGY

In this research, although quantitative methodology was mainly adopted, in-depth interviews of relevant staff were also conducted in order to obtain additional opinions on research results; this contributed more weight to the results. The interviewees were professionals in the Ministry of Justice. For the quantitative methodology, data were collected from the civil servants from the ten agencies under the Ministry of Justice.

The present authors used a method of gap analysis to assess and analyse the organisational status, which allowed respondents to evaluate the extent to which each situation had occurred in the organisation and that to which the respondents expected them to be realized. The results of the interviews allow an assessment of the organisational status together with the gap between actuality and expectation. Data were collected through interviews with five executives and questionnaires were distributed to two groups of samples; the first included 296 assessors of organisational status, who were civil servants in position classifications six through nine; and 325 samples from the population of 4,058, who gave their views related to preparedness for administrative improvement. Sampling methods, including probability sampling, were used together with stratified random sampling and systematic random sampling. The questionnaire used in this study was first tested for content validity and then tested for reliability using the coefficient alpha Cronbach method. Results showed that every item had a reliability value above .9064. Data from the questionnaire were statistically analysed with descriptive statistics (i.e. frequency, percentage and mean) and with inferential statistics (Paired--Samples T Test) to discern the difference and relationship between variables. Analytic induction was used to analyse the data. Data from interviews were subject to descriptive analysis.

RESEARCH RESULTS AND DISCUSSION

1. It was found that an employment period of most civil servants, the assessors of the agency's status, was between ten and thirty-seven years. Most of them were female. The positions ranged from the executive to the operational levels. Most of them have experience with work process improvement and organisational development. They saw it as necessary and felt it was time that the ministry improve and change working processes in response to external environments.

2. According to factors in the Malcolm Baldridge Criteria, assessment results of the ministry status (built up from those of individual agencies) showed that every dimension was below average, and all factors were different from each other with statistical significance. That is to say, according to the opinions of most personnel in the ministry, actual situations for each group of factors were different from expected situations. Details of the findings that will contribute to the discussion are below.

(a) Leadership: many personnel who already had experience with work process improvement wanted to see improvement in the following areas: clarity of policies, goals and direction from executives; suitability of organisational strategies to environments and social needs; emphasis on public participation in presentation of problems and needs; and emphasis on public participation in monitoring organisational administration.

Since leadership is the main driver of organisational development, it should have both direct and indirect impacts on an organisation's success through internal administrative processes and human resource management. As for the latter, planning is needed to obtain suitable persons to work in different administrative processes necessary for improvement and success.

Many research results, including Wilson and Collier (2000) and Pannirselvam and Ferguson (2001), indicate clearly that leadership plays at least a significant role in the organisation's effectiveness. There is, in other words, hard evidence of the common-sense attitude that a properly led staff will do better.

In an early phase of change, executives with high leadership abilities and talents do contribute to quality performance. It was also indicated that, when leadership was improved together with information and knowledge management, organisations do take charge of their fate. Bell and Elkins (2004) point out the significance that leadership has for four groups of people (superiors, fellows, subordinates, and outsiders). Excellent organisations have leadership that can effectively respond to these groups.

(b) Strategic Planning: the research results showed that a process of strategic planning has not been seriously implemented to enhance a great many aspects of the ministry's tasks, specifically the relevance of agencies' policies, goals and direction regarding social problems and the provision of equal and just services; the public's access to justice; personnel's participation in the planning process; successful implementation of plans/projects under the strategic plan; and agreement between organisational culture and the principle of good governance. This inadequate outcome is the effect of a lack of articulation between the strengths of different planning methods, different focuses on problem missions, different visions and future expectations.

Thus it is that despite the available analysis and evaluation of environmental factors for strategic consideration, no serious implementation was observed. Investigation revealed that strategic planning is still new to the organisations; they require further learning about strengths and weaknesses of problem-based planning, mission-based and vision-based planning.

Note that in problem-based planning, flaws found in an administrative system are subject to the relevant parties' management. An advantage of this is that it promotes effectiveness, but it cannot solve all structural problems. It addresses only immediate issues. Problem-based planning is suitable for some agencies that are in the final phase of the justice process, such as the Department of Corrections.

Mission-based planning demands that all tasks assigned to a system be considered. For instance, information from the Department of Juvenile Observation and Protection and from the Department of Corrections may be used to improve other phases of the justice process. Advantages include an ability to indicate relevant competencies that coordinate well with various agencies' missions.

It is also possible to discern the staff's awareness of their responsibilities and goals. If environmental factors such as educational levels, economic status and political sentiments are not considered, the plan will lack flexibility and cannot respond to social changes and needs. Moreover, this method of planning is difficult because the government, the media, national and local organisations, as well as academics and criminologists customarily have different perceptions and goals. The proper missions of the Ministry of Justice are not universally agreed upon. There are, for example, ongoing debates on rehabilitation and punishment and on procedures for restorative justice. In vision-based planning, a strategic plan is designed in agreement with overall goals of the organisation as specified by relevant parties. A weakness is that executives tend to use the problem-based method to solve daily problems so that the strategic plan is not seriously implemented. Vision-based planning can be brushed aside, in other words.

(c) The concept of "public focus" is actually a sophisticated extension of good manners. Personnel queried for this study indicated that organisations with excellent administration and management should pay more attention to the people they serve by surveying the information used in planning, focusing on quality service, and giving clear responses to people's complaints.

Quality outputs and services foster respect. Organisations should categorize clients to provide them with suitable services. They should also study the clients' future expectations to prepare for their satisfaction. Follow-ups and reviews are needed to ensure that the public will be served properly, quickly and effectively. Prajogo and McDermott (2005) state that an organisation should focus on chances to accord with people, and build a public-centered culture in the organisation.

(d) Measurement, analysis, and knowledge management: most of the respondents, especially those with experience in work process improvement and organisational development, agreed that information and knowledge management are vital for organisational success. They also wanted the agencies to improve the present information and knowledge management so that the following would be available: a database for follow-ups, a database for decision-making, and a work culture that contributes to the society and personnel. It is clear that knowledge management should be a tool for an organisation or a nation to analyze its own potentials and develop the knowledge of its organisations.

Knowledge management could become organisations' most valuable resource--a prime requisite in the continual effort to improve every aspect of the quality of life. Their views were in agreement with research findings regarding the benefits of knowledge in an organisation. Thomas Riley (2003) described knowledge as a superb asset that enables organisations to expand and develop without limits. Moreover, according to Kaplan and Norton's Balanced Scorecard, growth and learning promote more learning and the transmission of knowledge, all of which contributes to the organisation's success. In the 1998 World Bank report World Development, knowledge management was cited as an instrument for organisations to analyse their own potentials, to develop and reform knowledge in organisations ranging from local to national levels. The relationship between national knowledge management and human, social, cultural and political development was noted. Beneficial national performance and economic development were attributed in part to the effective management of information technology and databases. Consequently, many countries are including the multilevel expansion of information technology and knowledge in their national policies and goals statements.

(e) Workforce focus: the staff thought that the present operation was under external pressure to meet social responsibilities. It is clear that the organisations need to focus on environments that affect their achievements. They need to pay more attention to the development and exchange of knowledge among personnel, including changing working attitudes with a focus on organisational success. Shermon (2005) explains that principles of organisational competency development require a model that helps determine suitable alternatives to achieve goals, missions and visions. It also helps to specify types of personnel (e.g. their skills, knowledge, and aptitudes), types of leadership, and working procedures. Organisations aiming at positive change have the option of focusing on human resources, making the most of available personnel together with suitable motivation.

(f) Process management: most personnel wanted to see changes in process management, specifically making the system of performance reporting accessible to the public; encouraging the procedures that are convenient to clients; ICT that effectively supports operation; and improving the system of service follow-ups. They felt that the systems, mechanisms and other administrative tools (e.g. planning, controlling, budgeting, information systems) could and should link agencies and personnel with different backgrounds so they could cooperate to achieve the organisational goals and contribute to the common good.

In improving performance of the Ministry of Justice, policies as important as restorative justice, if fully implemented along with other policies, goals, strategies, and plans, could produce good results. These measures can be integrated into any organisation. Many authorities suggest that administration and improvement, whatever the means, should be related to organisational competencies and stakeholders' and clients' needs. According to Improving Performance in the Public Sector by A.T. Kearney and the London School of Economics, modern organisations effective in responding to stakeholders integrate their policies, objectives, strategies, plans and procedures into their organisational systems and processes. Siri Gloppen (2002) states that modern organisations in charge of rendering justice should enhance public participation in justice processes, increasing awareness of the means and procedures by which justice is obtained. The concept of restorative justice is integral to this policy; the organisation's culture and the performance of the personnel must support it unreservedly.

(g) Results: most personnel wanted their organisations to effect changes in results related to clients' confidence and satisfaction. A majority expressed interest in the achievement of goals and objectives specified in the plans and the laws of the agencies; the successful implementation of indicators in the strategic plans; personnel's satisfaction with their performance; budgetary savings; and reduction of procedures.

3. Readiness of civil servants for change in accord with the laws, State Administration Act (No. 5) of 2002. Results showed most of the respondents in the second group of civil servants are female, hold a BA degree, and have employment periods between one to eighteen years. Most of them are in operational and junior administrative levels (C 5-6). Most of them have never experienced work process improvement and organisational development, and have never received training in public administration. Most did not understand the material in the State Administration Act (No. 5) of 2002 but they were willing to abide by the law. The survey also provides additional information about the civil servants' knowledge of and attitude toward several important topics, as follows:

(a) Most personnel were moderately prepared for changes and improvement in a moderate level. They showed anxiety about job security after changes and were afraid that the new administration might increase the individual workload. These government officials' attitudes seemed to result from the agencies' inadequate communication of the nature of the Royal Decree on Criteria and Procedures for Good Governance, 2003 and State Administration Act (No. 5) of 2002.

(b) Armenakis et al. (1999) defined "preparedness for changes" as a state of awareness that leads to an understanding--beliefs, attitudes, and intention --both in the individual and collective levels, such that everyone pushes for change. This mindset and its values comprise a progressive organisation's culture. Systems and instruments, e.g. Malcolm Baldrige or TQM, are necessary for the adaptive evolution of the organisational culture. Elements including leadership, customer focus, human development, knowledge management, and rational administrative systems should be considered in such development; personnel's attitudes, beliefs and values are to be moulded in accordance with the Malcolm Baldrige or TQM.

According to Schein (1985), an enormous difference can be discerned between organisations with and without a positive, improvement-oriented culture.

(c) Most personnel were highly prepared for a public focus. Many of them, however, were not sure whether their agencies provided an adequate opportunity for public participation, paid enough attention to people's access to justice, or would improve in response to complaints and suggestions.

(d) Most personnel had a high level of awareness of the organisational atmosphere of change. However, many of them wanted their agencies to devote attention to the development of a quality assurance system and work on public service to improve client satisfaction. Knowledge management to promote personnel's learning and expertise were also rated as desirable and insufficient. In "Organisational Performance and Change Model," Burke and Litwin (1992) explain that the organisational atmosphere is a psychological phenomenon. It forms the basis and ethos of daily interaction. It is created by various factors, and is therefore malleable, though there is no single or exact method that can create a positive organisational atmosphere. Factors contributing to the atmosphere of one organisation cannot necessarily or reliably be duplicated in another. Organisational atmosphere is the result of the complex interactions of changeable groups of people, things and circumstances. It is a result of behavioural patterns and values--culture--maintained by the organisation's members. To be sure, the administrative system can change the atmosphere and organisational culture to re-orient it with new goals, missions, strategies, and leadership. Highly successful organisations such as Intel paid much attention to maintaining their organisation atmospheres in order to realize continuous improvement, thus impressing customers and other stakeholders. Intel emphasized work outcomes, creativity, and new products. The company tried to create a chain of value among their stakeholders through strategic planning and a goal-directed organisational atmosphere employing supportive leadership. Informal communication on a regular basis was an integral part of the strategy.

(e) Most personnel were very much in favor of change. They thought that their agencies should improve and develop working procedures to respond seriously to external environments, especially to meet Royal Decree on Criteria and Procedures for Good Governance, 2003 and State Administration Act (No. 5) of 2002.

RECOMMENDATIONS

Guidelines to improve the management of the Ministry of Justice under the State Administration Act (No. 5) of 2002

The research indicates the Ministry of Justice needs improvement in many aspects of management so it can manage changes under the State Administration Act (No. 5) of 2002 effectively. The present authors' recommendations for administration in response to the change of laws on administration of state affairs for the Ministry of Justice are, by area:

1. Structure: the administrative system is a factor in the environment of change, and especially so when quality assurance programs are in effect. Quality assurance in the Ministry of Justice will enable agencies to manage for change and to improve and develop work processes continuously. The suitable program is the Total Quality Management Assurance approach that uses Malcolm Baldrige's criteria. This would meet the standards and specifications prescribed in the ministry's laws and State Administration Act (No. 5) of 2002. This comprises two steps.

First, a framework of management standards is specified. This establishes the core values that mirror the principles in relevant articles/sections in the Constitution of the Kingdom of Thailand, 1997 and State Administration Act (No. 5) of 2002, (especially Section 3/1), and Royal Decree on Criteria and Procedures for Good Governance, 2003. The Ministry of Justice's fundamental values must be related to important issues such as the development of administrative vision, goal-directed leadership and the effort to contribute to society, an emphasis on protection of people's legal rights, improvement and reform of justice processes that lead to social harmony, cost effectiveness and systematic outcomes of restorative justice that focus on equal access to justice.

Second, elements of quality standards, or guidelines to create common goals among agencies under the Ministry of Justice, can be drafted in harmony with the core values as a basis for every step in the administrative process. This will form the backbone of an organisational culture. Quality standards address leadership, strategic planning, public focus, measurement, analysis, knowledge management, workforce focus, process management and performance results.

A commission or sub-commission should be set up to supervise each group of missions as established by the ministerial regulations. The commissioners should study and specify indicators or indices of administrative quality for each standard element. The indicators should be relevant to the work of the ministry and be applicable by all agencies.

The Ministry of Justice should issue regulations so that its agencies seriously implement the quality management assurance system. Also, a body, the Quality Certification Bureau of the Ministry of Justice, should be set up. This new bureau should be in charge of follow-up and assessment of each agency's performance, applying internal quality standards to assure adequate performance. Assessment results should be taken into account when each agency proposes plans, projects and budgets for approval.

Guidelines for improvement and development comprise the specification of the scope of the following: improvements and development of work processes such as public service or a holistic management system; communication with members to raise awareness of the significance of constantly changing work processes; setting up working groups authorized to improve and develop work processes with full support (i.e. resources) from the Ministry of Justice; training to enhance working groups' understanding of principles; and methods to improve and develop work processes.

Work flow charts should be made to facilitate understanding of how tasks are carried out, including the problems and flaws in the system. The working groups should approach and study directly what is actually done.

Guidelines for improvement of work processes should be studied on the basis of discovered problems and accurate charts of task flows. Changes may be made and implemented. These should be assessed and the results used to establish new work flows. Personnel should be trained to understand the new work flows to prevent them from returning to the old ways of working.

Follow-ups and specification of work standards should be conducted to review working plans and detect flaws in each procedure. The results must be used to determine work standards for long-term stability and client satisfaction. Communication channels should be opened and made available to all staff so that personnel understand and implement the new work standards. Work manuals and training should also be provided to foster attitudes and ways of working that are compatible with the new work processes and standards.

2. Organisational Competencies: the organisational improvement and development needed to establish the quality management assurance system of the Ministry of Justice would lead to improvement of the entire personnel management structure. Systematic specification of organisational competencies would be an attractive and easily-transmitted value of the organisational culture. The concept will play multiple roles in improving personnel management in the ministry, for it will enhance training, performance management, and recruiting.

Core competencies and core values demand recognition as of fundamental importance. These assets should be developed in executives, justice officers, penologists, probation officers, social workers, forensic scientists, special case officers, and investigators.

3. The preparation of the civil servants for changes according to the enforcement of the State Administration Act (No. 5) of 2002, (especially Section 3/1).

To accomplish effective change management in response to new laws, the Ministry of Justice should consider several strategies. First, all personnel, executive and operational, should be prepared for change. It is axiomatic that the success of change management depends on executive leadership. Therefore, personnel assuming executive positions should receive formal leadership development. Senior executives should be required to sharpen their decision-making and strategic skills (specifically in the specification of vision, direction, policies and strategies), in their abilities to communicate with and thereby motivate and inspire organisation members, and to uphold values, ethics, culture and good governance to ensure customer satisfaction. Junior and middle executives comprise a large number and play important roles in improving and developing work. They work closely with the operational employees, and can accordingly have a great influence on them. Five factors as proposed by Armenakis et al. should be considered. They studied organisational preparedness and pointed out that it can be observed in the degree of preparedness of organisational members, both individuals and groups. In the transitional period, each member continually observes others, and necessarily develops a unique understanding of the environment. In this period, leaders articulate the targets of change to the group, encouraging the candid exchange of information. The immediate purpose is communication leading to reciprocal understanding. Armenakis et al. indicated five factors that support organisational change:

(a) Self-efficacy: Qualities are developed to enhance members' confidence in change;

(b) Principal Support: Administrators, a significant factor for change, should be determined to support the change process;

(c) Discrepancy: Differing views and understandings of the changing situation should be noted; agreements and disagreements should be identified;

(d) Appropriateness: Efforts should be made to convince members that the change is suitable--that it can solve problems, resolve conflicts or reduce gaps between personnel;

(e) Personal Valence: Members should receive advantages from the change such as benefits and recognition.

Obviously this will require more than pep talks and seminars dealing in vague theoretical platitudes. In addition to fundamentals of human resource management and executive procedures, the Ministry of Justice should expand its vision and include role-playing workshops and brainstorming sessions in which executives are encouraged to create their own syllabus and then learn from it. As the over-used saying goes, it is time to "think outside the box."

Operational staff can improve their performance and reduce their anxiety about change if they take advantage of teamwork. Showing people how to work together means emphasising that everyone's work load is lightened when people cooperate voluntarily and rationally. Beginning with training so the individual has an opportunity to develop necessary knowledge, abilities, skills, attitudes, and values, management can create teams that make it easier for the citizens to obtain justice. That will result in a significant enhancement of job satisfaction for Ministry of Justice personnel.

Secondly, communication should be maximally improved to create understanding about organisational changes in administrative structure, organisational competencies, and technology. When these changes lead to stress, dissatisfaction or misunderstanding, agencies should employ thorough, accurate and constant communication. Including people in the distribution of information involves them and expands their knowledge. Knowing produces understanding and confidence in the leadership; understanding leads to improvement; improvement is identical to problem-solving.

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Act on Organization of Ministries, Sub-Ministries and Departments, of 2002. Royal Thai Government Gazette: Issue of Mandate. Vol. 119. Part 99 A.

Royal Decree on Criteria and Procedures for Good Governance, 2003. Office of the Pubic Sector Development Commission in collaboration with Law Research Institution Foundation.

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Sirirat Choonhaklai

Somboon Sirisunhirun

Rachada Dhanadirek

Mahidol University, Thailand

Table 1: Preparedness for Change

Characteristic of the Informants Number Percentage

Gender female 223 63.4
 male 129 36.6

Level of position Position classification 3-4 96 27
 Position classification 5-6 163 46
 Position classification 7-8 93 26.4

Length of work 1-9 years 194 55.1
 10-18 years 89 25.3
 19-28 years 54 15.3
 29-37 years 15 4.3
 total 352 100

Table 2: Assessment of Organisational Status

Characteristic of the Informants Number Percentage

Level of position Position classification 6 76 25.7
 Position classification 7 73 24.7
 Position classification 8 131 44.3
 Position classification 9 16 5.3

Length of work 1-9 years 51 17.2
 10-18 years 172 58.2
 19-28 years 64 21.6
 29-37 years 9 3.0

total 296 100