In relation to the requirement under section 35 and section 244 of the Public Sector Management Act 1994 for executives and officers to seek written approval to undertake second jobs:

1. What are the criteria that are used by Ministers and within the ACT Public Service to assess whether a second job would create a conflict of interest in the performance of the employee's duties and therefore can or cannot be approved; and

2. When were these criteria written.

Guidance on ethical issues for the ACT Public Service is found in the Public Sector Management Standards, which include Best Practice Notes. The Public Sector Management Standards were first released in 1994, on commencement of the ACT Public Service. They were republished in June 1998 to more clearly separate out the rules in the Standards and guidance material in the Best Practice Notes.

The Best Practice Notes on Ethics include a section on conflicts of interest. This section covers the roles and responsibilities of public employees, including Executives, and provides guidance on assessing conflicts of interest and applications for second jobs.

The Best Practice Notes are intended as a source of general guidance across a wide range of circumstances. Given the complexity of some ethical assessments, it is not considered appropriate to canvass a range of specific circumstances or propose more specific criteria. Decision-makers should consider the context and circumstances of each case in light of the provisions of the Public Sector Management Act 1994; the Standards; and the general guidance provided in the Best Practice Notes.

A conflict of interest is defined in the Best Practice Notes as:

either actual, potential or apparent. An actual conflict of interest occurs when a public employee's private interests influence the performance of official duties. A potential conflict of interest exists when the employee's private interests may influence the performance of their official duties. An apparent conflict of interest may exist if a public employee's private interests may appear, on reasonable grounds, to influence the performance of their official duties - even though there is no actual influence.

The Best Practice Notes suggest applications for second jobs should be considered in the following way: