Declaration of interests - Chief Executives of departments (Directive 05/24)

1. Purpose

1. This directive:
   1. provides for the matters which must be disclosed by chief executives of Queensland government departments
   2. provides for how those matters must be disclosed
   3. specifies requirements for the storage of, and access to, declarations.

2. Commencement

2. This directive commences on 21 August 2024.
3. Commission Chief Executive Directive 01/15: Declaration of Interests - Chief Executives of Government Departments is repealed and superseded by this directive.

3. Authorising provisions

3. Sections 182 and 222 of the Public Sector Act 2022 (the Act).

4. Application

4. This directive applies to chief executives of Queensland government departments (chief executives) as described in section 16(a) of the Act.

5. Principles

5. Chief executives are responsible for declaring interests and disclosing interests that conflict or may conflict with the discharge of the chief executive’s responsibilities under the provisions of Chapter 5, Part 2, Division 4 (Conflicts of interest) of the Act.
6. Chief executives are required to act in a way that is compatible with the main purpose of the Act including by establishing a high-performing, apolitical public sector by effective stewardship that maintains accountability, impartiality and integrity, while acting in the public interest, and when giving advice to the government.

6. Interpretation of directions

6. The requirements set out in these directions are binding and must be followed.
7. The Act sets out chief executive responsibilities regarding declarations of interests under section 182 and conflicts of interest under section 183 of the Act.
8. This directive supports transparency, impartiality, integrity and confidence in the public sector and is to be interpreted and applied in a manner consistent with that purpose.
9. Declarations of interest relate to the interests of a chief executive and the interests of the chief executive’s partner and/or dependants that create an actual, perceived, or potential conflict of interest.
10. The chief executive’s duty should be read in conjunction with the relevant authorising provision/s of the Act.

7. Role of the Queensland Integrity Commissioner in providing advice on conflicts of interest

7. Chief executives should inform themselves of the role of the Queensland Integrity Commissioner under the Integrity Act 2009 and may seek advice on any ethics and integrity issues including actual, perceived or potential conflicts of interest as they arise or change.

8. Conflicts of interest

8. A conflict of interest occurs when a chief executive has a personal interest (including a duty) that conflicts or may conflict with the discharge of the chief executive’s duties.
9. A conflict of interest may arise from:
   1. an interest (actual conflict)
   2. when it might reasonably appear to others that personal interests could impact the performance of official duties (perceived conflict)
   3. a current interest where it is foreseeable that a conflict may arise in the future (potential conflict).
10. A conflict of interest includes a situation that may cause, or may be perceived as having the ability to cause, a chief executive to put their personal interests, whether consciously or not, ahead of acting in the interests of their duties as a chief executive.
11. For a personal interest to give rise to a conflict, there needs to be a logical connection between an interest of the chief executive and a relevant, official matter being considered by the chief executive, that can affect or be perceived to affect the decision to be made, action to be taken, or compromise judgment in relation to the matter.
12. Chief executives are responsible for disclosing their interests that create an actual, perceived or potential conflict of interest.
13. Chief executives are also responsible for disclosing the interests of their partner and/or dependants that create an actual, perceived or potential conflict of interest.
14. Responsibility for disclosure under clauses 8.5 and 8.6 rests solely with the chief executive concerned.
15. A chief executive who has an interest that creates an actual, perceived or potential conflict of interest:
    1. must disclose the circumstances of the conflict to the chief executive’s Minister as soon as practicable after the relevant facts come to the chief executive’s knowledge
    2. must not take action or further action concerning a matter that is, or may be, affected by the conflict unless authorised by the chief executive’s Minister
    3. must work constructively with the chief executive’s Minister to put in place appropriate mitigation strategies.
16. A chief executive’s Minister may direct the chief executive to resolve an actual, perceived or potential conflict between an interest of the chief executive and the chief executive’s duties.

9. Chief executive declarations

Chief executive responsibility

9. A chief executive is required to provide a declaration of the chief executive’s interests that create a conflict of interest within one month after:
   1. being appointed or reappointed as a chief executive of a department under section 171 of the Act
   2. being appointed to act as a chief executive of a department under section 172 of the Act, or
   3. being declared as a chief executive of a department in accordance with section 173 the Act.

Information to be declared

10. When providing a declaration of interests the following obligations apply:
    1. the chief executive is responsible for fully declaring their interests that create an actual, perceived or potential conflict of interest
    2. the chief executive is responsible for disclosing the interests of their partner and/or dependants, but only if those interests create an actual, perceived or potential conflict of interest.
11. This declaration must be provided in a form approved by the Public Sector Commissioner (the Commissioner) and provided to the following designated persons:
    1. the chief executive’s Minister and
    2. the Commissioner.
12. A chief executive who has provided a declaration of interests, as required at clause 9.1, must also provide the Commissioner with written advice that the chief executive has given this declaration to the chief executive’s Minister. This advice must be given to the Commissioner at the same time as the declaration of interests is provided to the Commissioner.
13. Interests to be considered by chief executives as to whether they create an actual, perceived or potential conflict of interest include the following:
    1. shareholdings in public and private companies
    2. family and business trusts and nominee companies
    3. bonds, debentures and like investments
    4. savings and investment accounts
    5. business partnerships
    6. real estate
    7. directorships in, or employment by a public or private company or other business entity (eg sole trader)
    8. other assets
    9. other substantial sources of income
    10. liabilities
    11. organisational memberships
    12. other interests.
14. Other interests includes any other matter a chief executive or the chief executive’s partner or dependant has an interest in of a pecuniary or non-pecuniary nature, that the chief executive identifies as presenting an actual, perceived or potential conflict of interest.
15. Other interests may include the declaration of a close family member (other than a dependant or partner), a close personal associate or a former partner, where that relationship creates an actual, perceived or potential conflict of interest.
16. Where a chief executive declares a close family member, a close personal associate or a former partner under other interests, the chief executive’s declaration should provide:
    1. the name of the person included under other interests
    2. brief detail on the nature of the relationship
    3. why the relationship presents a conflict, including a potential or perceived conflict of interest.

Change in interests or duties

17. If relevant interests of a chief executive change to create an additional conflict of interest or change an existing conflict of interest, the chief executive should give each designated person a revised version of the declaration, including the change, in the form approved by the Commissioner, as soon as possible after the change comes to the knowledge of the chief executive.
18. A chief executive who has provided each designated person a revised version of the declaration in accordance with clause 9.9, must also provide the Commissioner with written advice that the chief executive has given this declaration to the chief executive’s Minister. This advice must be given to the Commissioner at the same time as the declaration of interests is provided to the Commissioner.
19. A change in responsibilities (for example, the chief executive’s department becoming responsible for additional policy, regulatory or service delivery areas) may also result in a change to information that must be declared.
20. Where a chief executive has previously provided a declaration of interests and the chief executive’s official responsibilities and/or duties change, the chief executive should consider the information to be declared and whether, as a consequence of the change in responsibilities and/or duties, any of the chief executive’s existing interests, including those of the chief executive’s partner and/or dependants warrant further disclosure.
21. A reference to a change in official responsibilities and/or duties at clause 9.12 does not apply to a new appointment or a reappointment.

10. Guidance material

10. Any guidance material issued by the Commissioner, which is identified as guidance material for the purpose of this directive and which is published on the Public Sector Commission’s website or in another publicly available way, must be considered when discharging obligations and requirements under this directive.

11. Records and reporting

11. Completed Declaration of Interests records will be filed securely within the office of the departmental Minister and the Commissioner.
12. Upon the separation of employment of a chief executive, declaration of interest documentation for the chief executive:
    1. held by the Commissioner, is to be securely filed by the Commissioner or an authorised officer of the Public Sector Commission, on the chief executive’s personal record
    2. held by the chief executive’s departmental Minister, is to be stored in accordance with the Ministerial Records Policy.

12. Confidentiality of records

12. Information obtained under this directive must be maintained in the strictest confidence and must be managed in accordance with chapter 8, part 3 (Confidentiality) of the Act and other relevant legislation including the Information Privacy Act 2009.
13. Unless required by law, or otherwise by agreement, declaration of interests records are only accessible by:
    1. the chief executive (including officers authorised by the chief executive to access the chief executive’s records)
    2. the departmental Minister (including Ministerial staff authorised by the departmental Minister to access the chief executive’s records)
    3. the Premier
    4. the Commissioner (including authorised officers of the Public Sector Commission)
    5. a person who is required to access declarations of interest in the performance of that person’s duties.

13. Transitional provisions

13. Section 304 of the Act sets out the transitional arrangements for existing chief executives where the chief executive had given a statement under section 101 of the Public Service Act 2008 and immediately before commencement of the Act that statement was still in effect. From the commencement of the Act, the person is taken to have given the statement under section 182.
14. If a chief executive was required to provide a declaration of interests or disclose a conflict of interests under the former directive and had not made that declaration or disclosure prior to the commencement of this directive, the chief executive is required to provide the declaration or disclosure in accordance with this directive.

Unless otherwise provided, the terms in this directive have the meaning prescribed in the Act.

Close family member or close personal associate may include an adult child or parent of the chief executive making the declaration or another person with whom the chief executive making the declaration socialises or associated with, where this relationship creates a potential, perceived, and/or actual conflict of interest.

Commissioner is the Public Sector Commissioner.

Conflict of interest refer to clauses 8.1 – 8.4.

Dependant includes any of the following (it is not necessary for the chief executive to provide details on how the dependant became the chief executive’s dependant):

• a biological child of the chief executive who is under the age of eighteen years if the chief executive assumes primary financial responsibility for the person and/or a significant responsibility related to the care and rearing of that person
• a child of the chief executive, including but not limited to an adopted child, a foster child, a child of a kinship arrangement or a stepchild, if the child is under the age of eighteen years
• another person who is under the age of eighteen years if the chief executive assumes primary financial responsibility for the person
• another person who is under the age of eighteen years if the chief executive assumes significant responsibility related to the care and rearing of that person.

Designated persons are the chief executive’s Minister and the Commissioner.

Queensland government department is as provided for in sections 9(a) and 10 of the Act.

Partner includes a spouse, de facto spouse and a civil partner.