13.1 In Chapter 12, the ALRC discusses the administrative secrecy framework that applies to Australian Public Service (APS) employees engaged under the Public Service Act 1999 (Cth). However, many individuals that have access to Commonwealth information are not APS employees. This includes individuals employed by or on behalf of the Commonwealth under other statutory regimes; former employees of the Commonwealth; and individuals who are not, and have never been, in an employment relationship with the Commonwealth.
13.2 This chapter considers the administrative secrecy framework that governs Commonwealth employees engaged under a statutory regime other than the Public Service Act. A particular focus of recommendations is harmonising these administrative secrecy obligations with the Public Service Act regime.
13.3 The chapter goes on to consider the secrecy obligations of former Commonwealth employees and other individuals who have never been in an employment relationship with the Commonwealth. The chapter makes a number of recommendations to ensure that individuals who fall outside the various administrative regimes but have, or have had, access to Commonwealth information are constrained by contractual obligations, or are made aware of their obligations of confidentiality under the general law.