Commonwealth of Australia Explanatory Memoranda

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PUBLIC SERVICE AMENDMENT BILL 2012

                                     2010 - 2011 - 2012


          THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA



                                          SENATE



                     PUBLIC SERVICE AMENDMENT BILL 2012



               ADDENDUM TO THE EXPLANATORY MEMORANDUM


This addendum responds to concerns raised by the Scrutiny of Bills Committee in Alert
Digest No 10 of 2012

SCHEDULE 1 - ITEM 44 - SUBSECTIONS 15(3), (4) AND (5)

At the end of Item 44 and before Item 45, insert the following:
Application of Provisions
These provisions apply to alleged breaches of the Code of Conduct by APS employees
whether the breach is alleged to have occurred before or after the commencement time.
It is essential to the delivery of government services that the public has trust in the public
service and confidence in the way public servants exercise the authority given to them by the
Government on behalf of the public. Hence, the standards of conduct and character expected
of public servants are high.
The provision in relation to false and misleading information provided in connection with
engagement as an APS employee is consistent with elements of the Criminal Code which
may currently apply to a person providing false or misleading statements to the
Commonwealth (section 137.1).
Given the requirement for public confidence in the integrity of APS employees, it is
appropriate that the provisions apply retrospectively to existing APS employees who may
have been dishonest or failed to act with integrity when recruited.
The provision is retrospective in relation to procedures for determining whether there has
been a breach of the Code of Conduct, as it would be inefficient and confusing for agencies
and employees to have two sets of procedures operating concurrently.



                               (Circulated by authority of the
                        Minister for the Public Service and Integrity,
                           the Honourable Gary Gray AO MP)


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