5.2 Public sector employees on Government Boards

Public sector employees appointed to Government Boards as departmental representatives are generally not remunerated for such appointments unless this is approved by government.

It should be noted that the definition of “public sector employees” in the Procedures is significantly broader than that considered in the Public Service Act 2008. The Procedures classify public sector employees as full-time or part-time employees of:

• federal, state or local governments
• federal or state semi-government organisations, including statutory authorities, state and local Government Owned Corporations and colleges
• members of any Parliament within Australia and elected full-time local government representatives
• judges, magistrates and other judicial and quasijudicial officers.

Paid officials or employees of universities are not included within the definition of public sector employees.

Where attendance at Government Board meetings is a function of an employee's work, normal public service conditions apply.

Pursuant to the Procedures, approval for payment to public service employees for membership of Government Boards may be sought:

• where the employee's chief executive certifies that the appointment is not connected in any way with the employee's employment and the meetings etc. are held outside ordinary working hours;

or

• where deductions are made from the employee's wages when he or she attends meetings or other activities of the board during normal working hours or during other legitimate time off (e.g. banked time leave, annual leave).

The reasons for recommending payment to public sector employees must be provided in the significant appointment Cabinet submission and the Executive Council Minute.

Where legislation authorises the payment of meeting fees to Government Board members, public sector employees are to be included in the Executive Council Minute with a stipulation that they are not to be remunerated, unless Cabinet determines that the remuneration is to be paid in accordance with one of the exceptions above.

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