Document ID: chunk:federal_register_of_legislation:F2024C01082:reg:8:p1
Version: federal_register_of_legislation:F2024C01082
Segment Type: reg
Provision Reference: reg 8 (pt 1/2)
Character Range: 18467–21110

8  Statutory office holders bound by Code of Conduct

Extent to which statutory office holders are bound by the Code of Conduct
 (1) For the purposes of subsection 14(2A) of the Act:
 (a) a statutory office holder is bound by the Code of Conduct only to the extent to which the statutory office holder is assisted by, or deals with, APS employees:
 (i) in a supervisory capacity; or
 (ii) in another capacity related to the statutory office holder's day‑to‑day working relationship with APS employees; and
 (b) the statutory officer holder is not bound by the Code of Conduct to the extent of any inconsistency between the requirements of:
 (i) the Code of Conduct; and
 (ii) a law of the Commonwealth, or a State or Territory, that relates to the statutory office holder's office or appointment.
Note: The Code of Conduct requires the upholding of the APS Values and APS Employment Principles, among other things.
 (2) For the purposes of subsection 14(2A) of the Act, a statutory office holder is bound by the Code of Conduct to the extent to which the Code can apply to the statutory office holder if:
 (a) a reference in the Code to an APS employee were taken to include a reference to a statutory office holder; and
 (b) a reference in the Code to APS employment were taken to include matters related to the statutory office holder's office or appointment.

Meaning of statutory office holder—offices
 (3) For the purposes of the definition of statutory office holder in subsection 14(3) of the Act, an office is prescribed if:
 (a) the office is held by a person who is engaged or employed under an Act; and
 (b) the office is held by a person who is assisted by, or deals with, APS employees:
 (i) in a supervisory capacity; or
 (ii) in another capacity related to the person's day‑to‑day working relationship with APS employees; and
 (c) the office is not:
 (i) an office of Agency Head; or
 (ii) a judicial office.

Meaning of statutory office holder—appointments
 (4) For the purposes of the definition of statutory office holder in subsection 14(3) of the Act, an appointment is prescribed if:
 (a) the appointment is of a person under an Act; and
 (b) the appointment is of a person who is assisted by, or deals with, APS employees:
 (i) in a supervisory capacity; or
 (ii) in another capacity related to the person's day‑to‑day working relationship with APS employees; and
 (c) the appointment is not any of the following:
 (i) an appointment as an Agency Head;
 (ii) a judicial appointment;
 (iii) an appointment as a member of the Administrative Review Tribunal;
 (iv) an appointment as a member of the Australian Defence Force;