Document ID: chunk:federal_register_of_legislation:F2023C00394:body:0:p18
Version: federal_register_of_legislation:F2023C00394
Segment Type: other
Provision Reference: 
Character Range: 46440–49468

of a not-for-profit public sector entity.  However, an entity should also consider whether Minister X, or the State Government, will otherwise meet the definition of a related party of the Council (see paragraph 9 of the Standard).

Example 5

Minister E, the State Minister for Education, Minister F, the State Minister for Children and Early Childhood, and Minister G, the State Minister for Higher Education and Skills, administer their portfolios wholly through the State Department of Education (the Department), a controlled entity of the State Government.

The day-to-day operations of the Department are managed by an Executive Board comprising the Secretary of the Department and the head of each of the Department's divisions.  The Executive Board is the governance and decision-making body for the Department accountable for the:

     •  strategic direction and leadership of the Department;

     •  management of the Department;

     •  decision-making and risk management;

     •  monitoring and evaluation of the Department's activities; and

     •  compliance and stakeholder management.

The Department reports to the three Ministers, separately or jointly as appropriate to the nature of the Ministers' portfolio.  The Ministers are jointly accountable to Parliament for the actions of the Department.

Based on the facts and circumstances above, Minister E, Minister F and Minister G, and the members of the Executive Board are members of the key management personnel of the Department as they have the authority and responsibility for planning, directing and controlling the activities of the Department.  The Ministers' roles are akin to that of directors in a company, even though each has responsibility only to the extent of their respective portfolios, as they discharge their roles and responsibilities regarding the Department and are ultimately responsible for the performance of the Department.

Example 6

Statutory authority SLA is a statutory authority of the State Government tasked with providing legal information, advice and representation to financially disadvantaged residents of the State.  As a statutory authority, SLA was established under its own enabling legislation, which sets out its functions, powers and responsibilities.  Its remit is such that it generally operates independently of any governmental direction or influence.

SLA is funded by the State Government to undertake state law matters.  The State Government may specify areas to which certain of the funds granted should be allocated.  SLA is a controlled entity of the State Government.

The execution and authority for the day-to-day operations of SLA are the responsibility of its executive management team, who report to the Board of SLA.  The Board is the statutory authority's governing body and is responsible for managing SLA and ensuring that its objectives are achieved.  The Board is responsible for deciding SLA's priorities and strategies, leading its policy direction and ensuring its sound and