Public Administration Act (2) Requirements in Divisions 2 and 3 of Part 5 Guidance note - for boards of DEPI agencies This guidance note has been developed to assist all public entities and other statutory boards, committees, councils, panels, etc. in the Department of Environment and Primary Industries (DEPI) portfolio. Summary of requirements Overview The governance requirements in Divisions 2 and 3 of Part 5 of Most DEPI agencies (except most committees of the PAA apply to either the public entity itself; the board management) are subject to the requirements in Divisions 2 collectively; the chair; or individual board members (referred to and 3 of Part 5 (Sections 79 to 90) of the Public in the PAA as ‘directors’). Administration Act 2004 (PAA). This guidance note A summary of these requirements is set out in Appendix 1 of summarises those requirements. this guidance note. Requirements and good practice 81’ board policies ‘Section The requirements in Divisions 2 and 3 of Part 5 of the PAA apply to public entities that: Section 81 of the PAA is contained in Division 2 of Part 5. It requires board policies that meet certain standards to be in are established after 1 July 2005; OR place on the following topics: have had their establishing Act amended to deem that the agency is subject to these provisions (e.g. catchment management authorities and water corporations); OR are included in an Order made by the Governor in Council under section 75(a) of the PAA, which is published in the Government Gazette. . Even if Divisions 2 and 3 of Part 5 of the PAA are not legally Even if section 81 is not binding on your agency, it is binding on your agency, it is recommended that the recommended that suitable board policies be in place on obligations in sections 79 to 85 (which relate to duties of these topics. Such policies are fundamental to good board members, the need for certain board policies, etc.) be governance. complied with. They are good governance practice for all DEPI agencies.
Public Administration Act (2) Requirements in Divisions 2 and 3 of Part 5 Guidance note - for boards of DEPI agencies This guidance note has been developed to assist all public entities and other statutory boards, committees, councils, panels, etc. in the Department of Environment and Primary Industries (DEPI) portfolio. Overview Most DEPI agencies (except most committees of management) are subject to the requirements in Divisions 2 and 3 of Part 5 (Sections 79 to 90) of the Public Administration Act 2004 (PAA). This guidance note summarises those requirements. Requirements and good practice The requirements in Divisions 2 and 3 of Part 5 of the PAA apply to public entities that: are established after 1 July 2005; OR have had their establishing Act amended to deem that the agency is subject to these provisions (e.g. catchment management authorities and water corporations); OR are included in an Order made by the Governor in Council under section 75(a) of the PAA, which is published in the Government Gazette. Even if Divisions 2 and 3 of Part 5 of the PAA are not legally binding on your agency, it is recommended that the obligations in sections 79 to 85 (which relate to duties of board members, the need for certain board policies, etc.) be complied with. They are good governance practice for all DEPI agencies. Summary of requirements The governance requirements in Divisions 2 and 3 of Part 5 of the PAA apply to either the public entity itself; the board collectively; the chair; or individual board members (referred to in the PAA as ‘directors’). A summary of these requirements is set out in Appendix 1 of this guidance note. ‘Section 81’ board policies Section 81 of the PAA is contained in Division 2 of Part 5. It requires board policies that meet certain standards to be in place on the following topics: . Even if section 81 is not binding on your agency, it is recommended that suitable board policies be in place on these topics. Such policies are fundamental to good governance.
2014-g-PAA-02-PART-5-v3.60-April-2014.docx