Document ID: chunk:federal_register_of_legislation:F2023C00394:body:0:p14
Version: federal_register_of_legislation:F2023C00394
Segment Type: other
Provision Reference: 
Character Range: 35456–38535

writs for elections, appointing public servants and recommending the appointment of judges.

Section 61 of the Australian Constitution provides that "The executive power of the Commonwealth is vested in the Queen and is exercisable by the Governor-General as the Queen's representative, and extends to the execution and maintenance of this Constitution, and of the laws of the Commonwealth".  However, the Governor-General is bound by convention to follow the advice of the Executive Council.

Based on the facts and circumstances above, Minister A is a member of the key management personnel of the Australian Government.  As part of Cabinet and having regard to Cabinet's powers, Minister A has the authority and responsibility for planning, directing and controlling the activities of the Australian Government.  In addition, as a member of the key management personnel of the Australian Government, Minister A is also a related party of any entities controlled by the Australian Government, consistent with paragraph 9 of the Standard.

Minister B and Minister D are unlikely to be members of the key management personnel of the Australian Government as, although they are part of the Executive Council, they are outside the group of persons responsible for making decisions about the overall running of the government.  Further, in substance, neither the members of the Executive Council nor Governor-General have the authority and responsibility for directing and controlling the activities of the Australian Government, and accordingly, are not members of the key management personnel of the Australian Government reporting entity.

Example 3

University XYZ is a not-for-profit public sector entity established under an Act of the State Government.  The State Government has determined that it does not control the University.

The governing body of the University is the University Council.  The University Council consists of 17 members, five of whom are appointed directly or indirectly by the State Minister for Education.  The Chair of the University Council is the Chancellor, who is the formal head of the University.  The Chancellor is responsible for ensuring the efficient operation of the University Council in the performance of its governance role, presiding at ceremonial occasions of the University and acting as a signatory to official statutory reports of the University.

The Act specifies that the University Council's responsibilities, powers and functions include:

     •  approving the mission, strategic direction and annual budget and business plan of the University;

     •  establishing policies ('university statutes and regulations') relating to the governance and operation of the University, including trusts and endowments, and research, development, consultancy, commercial activities and other services undertaken for commercial organisations or public bodies;

     •  developing guidelines (if any) concerning the carrying out of commercial activities, finance and property matters, or any other related matter;

     •  overseeing