Commonwealth public sector conduct and integrity obligations
Commonwealth public sector employees and contractors operate under an integrated conduct and integrity framework drawn from the Public Service Act 1999 (Cth), the Public Governance, Performance and Accountability Act 2013 (Cth), and the National Anti-Corruption Commission Act 2022 (Cth). This guide sets out 10 obligations covering conduct, accountability, probity, and the interaction with the NACC.
Coverage
APS employees, SES officers, and agency heads under the Public Service Act. Officials of Commonwealth entities under the PGPA Act (including board members and accountable authorities). Consultants, contractors, and labour-hire providers are expected to act consistently with the same standards as required by their contractual arrangements.
Legal basis
Public Service Act 1999 (Cth) (APS Code of Conduct); Public Governance, Performance and Accountability Act 2013 (Cth); Commonwealth Procurement Rules; Protective Security Policy Framework; National Anti-Corruption Commission Act 2022 (Cth); Public Interest Disclosure Act 2013 (Cth); Lobbying Code of Conduct.
The obligations
Comply with the APS Code of Conduct
Every APS employee must behave honestly, act with care and diligence, treat everyone with respect, comply with Australian law, and follow lawful and reasonable directions from supervisors.
Discharge the duties of an accountable authority
Accountable authorities must govern the entity in a way that promotes proper use and management of public resources, financial sustainability, and achievement of purposes.
Officials must exercise care and diligence and act in good faith
Officials of Commonwealth entities must exercise their powers, functions, and duties with the degree of care and diligence that a reasonable person would exercise, and in good faith and for a proper purpose.
Disclose material personal interests
Officials must disclose details of any material personal interest relating to the affairs of the entity. Accountable authorities must document disclosure procedures and maintain a register.
Refer corrupt conduct issues to the NACC
Agency heads must refer to the National Anti-Corruption Commissioner any issue that they reasonably suspect could involve serious or systemic corrupt conduct by a public official.
Protect public interest disclosures
Agencies must have procedures for receiving, investigating, and responding to public interest disclosures. Detrimental action against a discloser is an offence and a ground for remedy.
Apply the Commonwealth Procurement Rules
Procurement officials must apply the Commonwealth Procurement Rules — value for money, encouraging competition, efficient use of public resources, accountability, transparency, and ethical behaviour.
Handle official information in line with the Protective Security Policy Framework
Classified and sensitive information must be marked, stored, transmitted, and destroyed in line with the Protective Security Policy Framework and the Information Security Manual.
Apply the Lobbying Code of Conduct
Government representatives must only meet with third-party lobbyists registered on the Australian Government Register of Lobbyists, and comply with cooling-off restrictions for former Ministers and senior officials.
Comply with gifts, benefits, and post-separation employment rules
Officials must declare gifts, benefits, and hospitality, and comply with post-separation employment restrictions. Former officials are restricted from lobbying for defined cooling-off periods.
What happens if you do not comply
Code of Conduct breaches can lead to sanctions up to termination. PGPA Act civil penalty provisions apply to specific contraventions. Corrupt conduct findings by the NACC can lead to criminal referrals. Public Interest Disclosure Act breaches can attract civil penalties and compensation.
Reporting requirements
Annual PGPA Act reporting cycle — corporate plan, annual performance statements, annual report, and financial statements. NACC referrals as soon as the reasonable-suspicion threshold is met. Public Interest Disclosure quarterly reporting obligations. APS State of the Service report annually.
What firms should do today
- Publish a single integrity framework that maps the PS Act, PGPA Act, NACC, PID, and procurement obligations
- Train all officials annually on NACC referral thresholds and PID handling
- Maintain gifts, benefits, and conflicts of interest registers that are accessible to senior leadership
- Integrate PSPF information handling into day-to-day records management
- Pre-brief Ministers and senior officials on post-separation employment restrictions
- Align procurement templates to the Commonwealth Procurement Rules and probity guidance
Compliance with Quillio
Quillio drafts NACC referral assessments, PID procedures, conflict declarations, PGPA governance memos, and procurement probity plans aligned to current AU guidance. Australian-hosted infrastructure aligns with the Protective Security Policy Framework. See /practice-areas/commercial-lawyers or start a free trial.
This guide is general information about Commonwealth public sector conduct — not legal or integrity advice. NACC referral thresholds, PID investigations, and PGPA duties are fact-specific. Obtain specialist advice before making a formal referral or taking disciplinary action.
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