❓ Hon Martin Aldridge asks about provisions preventing the employment of bankrupt/insolvent individuals in senior public sector roles. The answer indicates no such provisions exist in the Public Sector Management Act, but some exist for specific statutory offices.
AnsweredQoN 1136Legislative Council
QuestionView source ↗
PUBLIC SECTOR —
SENIOR OFFICERS — BANKRUPTCY DISQUALIFICATION
1136. Hon MARTIN ALDRIDGE to the Leader of the House
representing the Minister for Public Sector Management:
I refer to the
employment of public sector chief executive officers and senior public
servants.
(1) Are there any
provisions that prevent the employment of a person who is bankrupt or
insolvent?
(2) Are there any statutory provisions that disqualify
from employment a person who is bankrupt or insolvent?
(3) Noting that
section 18 of the Public Sector Management Act 1994 provides for the
disqualification of the Public Sector Commissioner when that person is a bankrupt
or their affairs are under insolvency laws, does this standard apply to other
officer holders or senior employees in the public sector?
SENIOR OFFICERS — BANKRUPTCY DISQUALIFICATION
1136. Hon MARTIN ALDRIDGE to the Leader of the House
representing the Minister for Public Sector Management:
I refer to the
employment of public sector chief executive officers and senior public
servants.
(1) Are there any
provisions that prevent the employment of a person who is bankrupt or
insolvent?
(2) Are there any statutory provisions that disqualify
from employment a person who is bankrupt or insolvent?
(3) Noting that
section 18 of the Public Sector Management Act 1994 provides for the
disqualification of the Public Sector Commissioner when that person is a bankrupt
or their affairs are under insolvency laws, does this standard apply to other
officer holders or senior employees in the public sector?
AnswerView source ↗
I thank the honourable member for
some notice of the question. I provide this answer on behalf of the Leader of the
House.
(1)–(3) No
provisions in the Public Sector Management Act 1994 prevent the employment of,
or disqualify from employment, a person who is bankrupt or insolvent as a senior
public servant. There are legislative provisions that disqualify a person who
is bankrupt or insolvent from being appointed to various statutory offices,
such as those in the Auditor General Act 2006, Police Act 1892 and Electoral
Act 1907.
some notice of the question. I provide this answer on behalf of the Leader of the
House.
(1)–(3) No
provisions in the Public Sector Management Act 1994 prevent the employment of,
or disqualify from employment, a person who is bankrupt or insolvent as a senior
public servant. There are legislative provisions that disqualify a person who
is bankrupt or insolvent from being appointed to various statutory offices,
such as those in the Auditor General Act 2006, Police Act 1892 and Electoral
Act 1907.
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