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Public Service Amendment Bill 2012

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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)