1.0 Purpose of the Welcome Aboard Guide
Government bodies are in most cases established by or under an Act of Parliament. These bodies are usually administered by a number of people specially appointed by a Minister, Cabinet or by the Governor in Council because of their particular skills or experience. These individuals are appointed for a fixed period of time and together make up a Board, committee or statutory authority (collectively referred to throughout this document as Government Boards) which is responsible to a Minister for the general direction, control and operations of the Board. Members of these Government Boards have similar roles and responsibilities irrespective of the size of the body.
Members of the public with relevant experience or expertise may be considered for membership to Government Boards when casual vacancies arise; when a new Government agency is set up; or at the expiration of the term of office of a body or individual members. Appointment to a Government Board carries with it many serious responsibilities and obligations. Lack of knowledge of these responsibilities can seriously disadvantage both the individual and the Board for whose performance they are accountable to a Minister. It is vital that persons currently undertaking or newly chosen for such appointments fully understand the scope of the task so that they are able to contribute in a meaningful and positive way to the administration of their Government Board.
This Guide is designed to assist the establishment and operation of Government Boards and to assist members in the effective and efficient performance of their duties. The Guide may be useful to officers responsible for the appointment process and for Chairs and Chief Executive Officers responsible for selection and induction. This is not a legal document nor is it intended to be exhaustive. It attempts to consolidate in the one document key information relevant to members of Government Boards.
Many statutory authorities have been converted into Government Owned Corporations (GOCs) over recent years. GOCs are quite different from most other statutory authorities in that they are structured to operate in a manner which, as much as possible, mirrors the operations of private sector firms, but within a framework where Government ownership and control is maintained.
GOCs are required to act in a commercial manner. Some of the requirements of GOCs are different - often more onerous - than applies with other Government bodies. While much of this Guide can apply to members of all Government Boards (including GOCs) certain aspects are less relevant to GOC board members. Many of the requirements imposed on GOC board members are the subject of specific legislation, namely the Government Owned Corporations Act 1993 (GOC Act) and, in certain instances, the Corporations Act 2001(Cth).
This Guide does not cover in great detail the requirements for GOC board members. However, in the interests of completeness, section 11 of this document does describe, in general terms, certain key aspects of the arrangements applying to GOC board members (and highlights the key sections of the GOC Act which apply).
Specific legal advice should always be sought when there is any doubt.
Last reviewed: 17 July, 2009
Last updated: 22 July, 2009
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