Insight 10: Breach consequences for former public servants

The Public Service Act does not have a statutory time limitation to investigate Code matters for current employees, nor did it preclude the Taskforce in undertaking inquiries for former employees. However, the ability to impose a sanction after a determination of breach, is limited to current APS employees.[19] The sanctions applied were considered from the perspective of a ‘point in time’, had these inquiries been undertaken at the time of the alleged conduct. This treatment was necessary to ensure the integrity of the inquiries were not diminished due to the passage of time.

A number or respondents had retired or resigned from the APS by the time the inquiries commenced, or in the course of the inquiries. For these respondents, whilst a determination of breach could be found, the question of sanction and consequences outside of APS employment is harder to reconcile. There is no framework in the legislation for imposing a sanction on a former employee. However an individual who was no longer part of the APS but had breached the Code, is still required to disclose their breach, when asked, if they seek employment in the APS, as an APS contractor, or as an APS consultant within the next five years.