Public Duty, Private Interests: Issues in pre-separation conduct and post-separation employment for the Queensland public sector

Summary

The report's own summary: SUMMARY, pages 8 to 9

In the body's own words

1. Conclusion

   His interest in his own future employment caused him, on a number of instances, to act contrary to the public interest.

   Public Duty, Private Interests: Issues in pre-separation conduct and post-separation employment for... (18 December 2008), page 36

Findings, opinions and statements

Allegations are not findings. A commission's finding or opinion of corrupt conduct or misconduct is not a finding that a person is guilty of a criminal offence, and the commissions say so in their reports.

No findings are reproduced in this record. This does not establish that the report contains none.

Recommendations 5

1. Recommendation 1

   Departments need to review their exit processes to ensure staff are reminded of their obligations to hand over any official information (both hard copies and electronic copies, including those on portable storage devices), and to ensure compliance.

   Report, page 10

2. Recommendation 2

   That the Government introduce into the Criminal Code a broad offence similar to the common law offence of misconduct in public office. Any legislative amendment will need to define “public officer” to include: (1) a former public officer to cover the unlawful disclosure of information or documents obtained by virtue of their office, but disseminated after leaving office; and (2) a broad range of public officials similar to those included in the South Australian model.

   Report, page 10

3. Recommendation 3

   That the definition of “interest” in Schedule 4 of the Public Service Act 2008 should be replaced with separate definitions which define the term suitably for its different meanings in ss. 101 and 102 of that Act, and the persons who are related or connected to the employee be defined.

   Report, page 10

4. Recommendation 4

   The CMC recommends that the government insert into all CEO and senior executive contracts in the public service, and into the conditions of employment of all ministerial staff, an acknowledgement by the employee of their duty, both during their employment and subsequent to it, not to improperly disclose or use confidential information gained in the course of that employment.

   Report, page 10

5. Recommendation 5

   The CMC recommends: • That the Queensland Government adopt, with some amendments, those parts of the Australian Government’s Standards of Ministerial Ethics that apply to post-separation employment and lobbying and adopt and apply the Commonwealth Lobbying Code of Conduct in Queensland. This should include the establishment of a register of lobbyists; and • That a post-separation employment quarantine period of two years should apply to former ministers, and that a quarantine period of 18 months should apply to parliamentary secretaries, ministerial staff and senior public servants; and • That during their respective quarantine periods ex-ministers, parliamentary secretaries, ministerial staff and senior public servants must not lobby, advocate or have business meetings with members of the government or public service on any matters in which they have had official dealings in their last two years, for ministers and parliamentary secretaries, and 18 months, for senior public servants and ministerial staff in office. • That a broad rather than narrow interpretation should be applied to the term “official dealings”. • That Queensland should also follow the Commonwealth approach of enshrining the Lobbying Code in the standards of conduct expected from public officials.

   Report, page 11

Published responses

No published response was found.

Coverage

This publisher

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