The purpose of this Circular is to advise on the responsibilities of Chief and Senior Executive Officers (Executive Officers) in relation to their membership of private sector or non-government boards and committees.

This Circular refers to boards and committees not addressed in the Government Boards and Committees Guidelines attached to Memorandum 99-3, and includes non-profit and community-based organisations. This Circular does not apply to Executive Officers who hold positions on private sector or non-government boards in their official capacity as a NSW Government Executive Officer.

Executive Officers must obtain the consent of their employer (the CEO in the case of SES Officers and the Minister in the case of a CEO) before continuing in, or taking up membership of a private sector or non-government board or committee, where that membership may create a real or apparent conflict of interest with his or her duties as an Executive Officer (refer to the Code of Conduct and Ethics for Public Sector Executives).

Executive Officers are not to receive remuneration for membership of a private sector or non-government board or committee without the consent of their employer in accordance with section 83 of the Public Sector Employment and Management Act 2002. Executive Officers who receive remuneration from such a board or committee must apply for leave without pay for any time spent during their agency's general operating hours in carrying out duties for the board or committee.

For Executive Officers who do not receive remuneration, the issue of leave without pay should be determined on a case-by-case basis, having regard to the value that both organisations/sectors derive from the arrangement.

Executive Officers are encouraged to seek legal advice on their responsibilities and potential liabilities as members of private sector boards or committees.

C. Gellatly
Director-General

Issued : PSMO
Contact: Simon Waterhouse
EMail: [email protected]
Telephone no: (02) 9228 3147