Number: 2023/02
Issue Date: 20/11/2023
Review Date: 30/06/2025
POLICY
State Government boards and committees form an important part of the State, acting under the direction of government to provide advice on certain areas of interest, support consultation with the community and/or oversee service delivery, all to benefit the State.
For the purposes of this Circular, a State Government board or committee is a body:
- established for the purpose of informing government policy or strategy;
- that provides oversight and appropriate governance of some government functions and activities; or
- where members are paid a fee (other than reimbursements for travel expenses).
This may include sub-committees that fall within the above definition.
Prior to establishing a State Government board or committee (hereafter referred to as a board), agencies should consider whether an alternative form of consultative body, such as an interagency working group, can be utilised. Agencies should also undertake regular reviews of the ongoing need for a board.
Agencies, and the boards for which they are responsible, must comply with all relevant legislation and government policies in order to discharge their functions and exercise their duties to the highest standards.
Classification of boards
All boards must be classified into one of four Tiers (A, B, C and D) in accordance with the attached State Government Boards and Committees: Classification and Appointment Guidelines (the Guidelines).
The scope and impact of a board’s functions, alongside other factors, determine the suitable classification. As a matter of policy, and in addition to existing legislative requirements:
- the classification of a board establishes the appropriate process required prior to appointments being made by the Governor in Executive Council, Minister or other relevant appointing authority; and
- all establishments, abolitions, changes in name, appointments and reappointments to boards that fall in Tiers A, B and C are matters for Cabinet consideration.
Board appointments
As well as meeting any specific requirements in enabling legislation, appointments to boards are to be made based on the principles of merit, equity, openness and integrity.
Agencies (or other entities) responsible for facilitating the appointment of members to boards should refer to the Guidelines and apply the principles contained within. Specifically:
- Appointments should appropriately reflect the diversity of the Western Australian Community and gender target of 50 per cent women.
- An individual should not hold a position on more than two boards at any one time, regardless of whether they are paid or unpaid.
- Individual membership to any one board should not exceed 10 years in total or any other term specified under relevant legislation.
- Staggered appointments should be used where possible when refreshing membership to retain corporate knowledge while introducing fresh perspectives.
- Public sector employees seeking appointment not required of their roles must obtain prior permission from their employing authorities in accordance with section 102 the Public Sector Management Act 1994.
Remuneration
The authority to pay fees to board members may derive from legislation or a decision of Cabinet. Unless the relevant legislation provides otherwise, the rate of any fee is determined by the relevant Minister as recommended by the Public Sector Commissioner.
Appointment to a board does not mean the individual is entitled to remuneration. This decision is based on the need to provide appropriate remuneration relevant to the role performed while effectively managing costs to government.
Board members may not be eligible for remuneration (other than reimbursement for travel expenses) if they:
- are being paid from public monies including:
- current full time local, State and Australian Government employees;
- current Members of Parliament;
- current and retired judicial officers (except magistrates);
- current non-academic employees of public academic institutions; or
- were a Member of Parliament within the last 12 months.
Instances where board members may be eligible for remuneration include:
- Local, State and Commonwealth Government employees who are:
- part time and where the relevant Minister is satisfied that the work relating to the board occurs outside their employment and all other potential conflicts of interest are appropriately managed; or
- not currently being paid from public monies such as those on leave without pay and volunteers;
- university academics (defined as those engaged primarily for the purpose of providing education services and not administrative or other services); and
- elected Local Government councillors.
For guidance on reimbursement of travel expenses for board members, refer to the Public Sector Commission.
BACKGROUND
The establishment of State Government boards and committees has historically been used by governments to provide leadership, direction and accountability across many areas of government activity to benefit the State.
The Western Australian Government is committed to providing greater opportunities for the community to participate in its decision-making process and supports diversity in the appointment to boards and committees.
A number of policies and guidance materials has been developed to assist boards and committees in carrying out their responsibilities with the highest level of governance and integrity, supporting the promotion of transparency and accountability in the public sector.
Enquiries
The Public Sector Commission provides advice and resources on governance arrangements as well as remuneration recommendations for boards and committees with authority to pay members.
Relevant resources are available online at the Public Sector Commission.
The Department of the Premier and Cabinet provides advice and resources on Cabinet and the Cabinet process with respect to boards and committees; and advice and guidance on board classification and board appointment processes. It also maintains OnBoardWA, an online register of people who have expressed interest in State Government board and committee positions.
Detailed information on the Cabinet process is in the Cabinet Handbook.
OnBoardWA is available to agencies to search for board members based on skills and qualifications.
Roger Cook MLA
PREMIER
