Commonwealth employees outside the APS
13.4 As discussed in detail in Chapter 12, the Public Service Act and related instruments establish a comprehensive administrative secrecy regime for APS employees.[1] However, many Commonwealth employees, including those who may handle some of the most sensitive Commonwealth information, fall outside the ambit of the Public Service Act and therefore are not subject to …
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Read moreFormer Commonwealth employees
13.60 Administrative disciplinary penalties only apply to current Commonwealth employees. They do not apply, for example, to a person whose employment has terminated prior to the disclosure of secret information, or who has resigned when an investigation into that person’s conduct commenced. How, therefore, can official information held by former Commonwealth employees best be protected?13.61 …
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Read morePersons outside Commonwealth employment
13.74 In the following section, the ALRC considers the responsibilities of non-disclosure placed upon individuals who have access to Commonwealth information for reasons other than an employment relationship. These include:private-sector employees who access Commonwealth information under a contract for services;members of Commonwealth boards and committees;state and territory public sector employees; andindividuals without any statutory or …
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Read moreInformation communicated in confidence
Background12.69 Regulation 2.1(4) of the Public Service Regulations prohibits an APS employee from disclosing information which the employee has obtained or generated in connection with his or her employment if the information:(a) was, or is to be, communicated in confidence within the government; or (b) was received in confidence by the government from a person …
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Read morePenalties
Background12.96 Under the Public Service Act, an agency head may impose one of the following penalties for a breach of the Code of Conduct: termination of employment; reduction in classification; re-assignment of duties; reduction in salary; deductions from salary, by way of fine, which is not to exceed 2% of the APS employee’s annual salary;[109] …
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Read moreProcesses for dealing with breaches
12.107 Previous sections of this chapter have addressed the administrative secrecy obligations that should be imposed on APS employees. The following, and final, section discusses the processes that Australian Government agencies should use to determine whether a breach has occurred. First, it assesses the procedural requirements for determining misconduct required by the Public Service Act. …
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Read morePrejudice to the effective working of government
Background12.21 As noted above, reg 2.1(3) of the Public Service Regulations prohibits an APS employee from disclosing information obtained or generated in connection with that person’s employmentif it is reasonably foreseeable that the disclosure could be prejudicial to the effective working of government, including the formulation or implementation of policies or programs.[23]12.22 This requirement was …
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Read moreReviewing specific secrecy offences
11.2 Concerns have been raised about the number and diversity of Commonwealth secrecy provisions and the lack of consistency in the drafting of offences and associated penalties.[1] The Terms of Reference for this Inquiry ask the ALRC to report on options for ensuring a consistent approach across the Australian Government to the protection of Commonwealth …
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Read morePolicy guidance and drafting directions
11.48 The AGD has a central role in developing and implementing criminal law policy. The Department is responsible for assisting the Attorney-General to ensure that criminal law enforcement provisions are framed in a sound, effective and coherent manner. It scrutinises all offence, civil penalty and law enforcement provisions in proposed legislation and provides policy advice …
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Read moreGrounds for bringing criminal proceedings
The failure of those with parental responsibility to provide for the basic needs of children in their care, or to protect them from harm as a result of abuse or neglect, may constitute an offence under general criminal law or under child protection laws, exposing the parent or caregiver to criminal proceedings and the consequences …
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