Good governance for public sector agencies

Guidance
For agencies to identify and address administration and reporting obligations
Last updated:

Agencies are responsible for their own governance systems, structures and approaches, which must be consistent with any applicable legislation. Governance arrangements need to be fit for purpose, and consider the ‘type’ of public sector agency and its business context. Considerations may include its size, risk profile and type of business the agency conducts.

Agencies should have balanced processes that are efficient and enforce accountability.

This guide has nine governance principles to help agencies:

  • apply appropriate governance systems and structures
  • meet accountability obligations
  • achieve a high level of organisational performance.

Principle 1: Government and public sector relationship

The agency's relationship with the government is clear.

Clear and transparent relationships between the elected government and the public sector is essential. This prevents any undue influence and allows government policies and strategies to be put in place quickly and efficiently.

Operational element Requirements Additional resources

What is required to achieve accountability and performance?

1.1  A document defines responsibilities and accountabilities between the chief executive officer and the minister

Agency specific legislation

Financial Management Act 2006 (sections 78 and 79)

Public Sector Management Act 1994

Statutory Corporations (Liability of Directors) Act 1996 (Part 2, Div 3; Part 3 Div 4)

 

How do you achieve it?

1.2  Processes exist to manage communication and other interaction between ministers and other parliamentary representatives and the agency

Public Sector Management Act 1994 (section 74 and section 105)

Financial Management Act 2006 (sections 81 and 82)

 

How do you monitor progress towards good governance?

1.3  Communication and other interactions are recorded and monitored Public Sector Management Act 1994 (section 74)  

Reporting

Public Sector Management Act 1994 (section 31)

State Records Act 2000

Annual report guidelines

Principle 2: Management and oversight

The agency's management has clear oversight and accountability, and defined responsibilities.

Foundations of good governance include:

  • clear management responsibilities and accountabilities
  • meaningful strategic plans and work programs
  • independent oversight.
Operational element Requirements Additional resources

What is required to achieve accountability and performance?

2.1  A document defines roles, responsibilities and accountability for all relevant levels of management (e.g. those involved in setting the organisation’s key strategic goals and outcomes and monitoring organisational performance)

Public Sector Management Act 1994 (Part 2)

Statutory Corporations (Liability of Directors) Act 1996 (Part 2, Divisions 1 and 2, Part 3) 

State Trading Concerns Act 1916 

CEO Performance Agreements

 

2.2  Where boards and committees exist, the relationship between the parties must be clearly defined

Public Sector Management Act 1994 (Sections 3 and 5)

Treasurer’s Instruction 951: Related and affiliated bodies

Good governance for boards and committees

Conduct Guide for Boards and Committees

How do you achieve it?

2.3  A strategic plan outlines the agency’s key strategic goals and outcomes and outputs

CEO Performance Agreements

 
2.4  Operational plans and programs of work exist that define critical success factors and outline how key strategic goals and outcomes will be accomplished at all levels of the agency Public Sector Management Act 1994 (section 29 (1)(a) and (c))  
2.5  A delegations framework defines authority levels

Public Sector Management Act 1994 (section 33)

Financial Management Act 2006

Treasurer’s  Instruction 107: Authorisations

 

How do you monitor progress towards good governance?

2.6  Performance measures are defined and monitored for the agency’s strategic goals

Treasurer’s  Instruction 904: Key performance indicators

CEO Performance Agreements


 

Principle 3: Organisational structure

The agency’s structure serves its operations.

Good governance highly depends on an organisational structure that helps the agency achieve what it was set up to do. It should reflect operational objectives, and be flexible enough to respond to changes to the agency's strategy or mission.

Operational element Requirements Additional resources

What is required to achieve accountability and performance?

3.1  Policies ensure that the agency’s structure serves its key strategic goals and outcomes

Public Sector Management Act 1994 (sections 7(b) to (f), 8 and 29(1)(c) to (f) )

 

How do you achieve it?

3.2  Processes exist to manage structural change and the relationships between business units 

Public Sector Management Act 1994 (section 36)

 

How do you monitor progress towards good governance?

3.3  Performance measures identify how well the structure delivers against strategic plans

Financial Management Act 2006 (Part 3, Division 4 and 5)

Treasury Instruction 902: Statement of compliance

Treasury Instruction 904: Key performance indicators

CEO Performance Agreements

 

Reporting

Public Sector Management Act 1994 (section 31)

Financial Management Act 2006 (Part 5, Division 2)

Annual report guidelines

Principle 4: Operations

The agency plans its operations to achieve its goals.

Operational planning is key to managing and using resources effectively, increasing compliance and improving accountability.

Operational element Requirements Additional resources

What is required to achieve accountability and performance?

4.1  Policies enable operations to deliver against the agency’s key strategic goals and outcomes

Agency specific legislation

Procurement Act 2000

Western Australian Procurement Rules , Directions and Policies

Western Australian Procurement Guidelines

How do you achieve it?

4.2  The agency’s operational plans and programs of work support the organisation’s key strategic goals and outcomes and are regularly adjusted to changes in strategic and environmental imperatives

 

ISO 21500:2021 – Project, Programme and Portfolio Management
4.3  Infrastructure is in place to enable the agency to implement its operational plans    
4.4  A proper and adequate record is maintained of the performance of the agency’s operations as aligned with its key strategic goals and outcomes    
4.5  Business process and outcome specific key performance indicators track the agency’s performance against its strategic and operational plans    
4.6  Performance evaluation and audits are conducted  

WA Public Sector Audit Committees - Better Practice Guide

(Program) Evaluation Guide

Reporting

Financial Management Act 2006 

Public Sector Management Act 1994

Model Annual Reports
Annual report guidelines

Principle 5: Ethics and integrity

Ethics and integrity are embedded in the agency's values and operations.

Maintaining a workplace culture with strong integrity is part of the governance framework and is essential to organisational performance.

Operational element Requirements Additional resources

What is required to achieve accountability and performance?

5.1 The agency’s values and code of conduct reflect the WA Code of Ethics and define the standards of official conduct and professional behaviour expected of all employees

Public Sector Management Act 1994 (Section 9)

Commissioner's Instruction 40: Ethical Foundations 

Equal Opportunity Act 1984

Agency’s code of conduct

Integrity in the WA government sector

Developing a Code of Conduct

How do you achieve it?

5.2 The agency’s ethics and integrity risks are identified and policies and operational processes address them (e.g. procurement, conflict of interest)

Commissioner's Instruction 40: Ethical Foundations

Treasurer’s Instruction 825: Risk management

Integrity in the WA government sector

Australian Standard 8001-2021: Fraud and Corruption Control

5.3 People management frameworks define the response to unethical behaviours

Equal Opportunity Act 1984 Parts II to IVB , Section 67 , Part VI and Part VIII Division 2)

Commissioner's Instruction 40: Ethical Foundations

Agency specific policies
 
5.4 Processes are in place to provide supervision and assistance and enable follow up of non-compliance (e.g. through public interest disclosure)

Public Sector Management Act 1994 (Part 5 Division 3)

Corruption, Crime and Misconduct Act 2003

Public Interest Disclosure Act 2003

 

How do you monitor progress towards good governance?

5.5 A structured process is in place to monitor official conduct and professional behaviour (e.g. compliance audit, performance management)

 

Commissioner's Instruction 40: Ethical Foundations

Managing workplace behaviours

Integrity in the WA government sector

Reporting

Financial Management Act 2006 (Part 5 Division 2)

Electoral Act 1907 (s175ZE) expenditure on advertising, market research, polling and direct mail)

Commissioner's Instruction 40: Ethical Foundations

Annual report guidelines

Public Interest Disclosure Act 2003

Principle 6: People

The agency's leadership in people management can contribute to individual and organisational achievements.

Agencies need effective systems for managing its workforce and individual employees. These systems should include:

  • fair, transparent and equal treatment of employees
  • strong strategies to motivate and lead people, and promote personal development.
Operational element Requirements Additional resources

What is required to achieve accountability and performance?

6.1  Policies enable the attraction, retention and management of people

Equal Opportunity Act 1984

Commissioner's Instruction No.1: Employment Standard

Commissioner's Instruction No 2: Filling a public sector vacancy

Agency’s human resource management policies

CEO Performance Agreement

Equal Opportunity Commission: Resources for substantive equality 

Premier’s Circular 2014/03 – Government Advertising and Communications Policy

How do you achieve it?

6.2  Plans ensure that processes, decisions and actions are based on the principles of fairness, equity and diversity, and are consistent, transparent, impartial and open for review

Public Sector Management Act 1994

Equal Opportunity Act 1984

Executive Employment Framework
Diversity and inclusion in the public sector
6.3  People management frameworks cover the whole employment continuum

Industrial Relations Act 1979 (Part II, Divisions 2A and 2B)

Occupational Safety and Health Act 1984

Workers' Compensation and Injury Management Act 1981

Public Sector Commissioner's Circular: 2018–03 Code of Practice: Occupational Safety and Health in the Western Australian Public Sector
 

Strategic leadership and talent

The policy framework for substantive equality

How do you monitor progress towards good governance?

6.4  Structured procedures are in place to monitor adherence to human resource policies and processes

Public Sector Management Act 1994 (section 9 and 21)

Public Sector Management (Breaches of Public Sector Standards) Regulations 2005
 
 
6.5  Feedback processes identify issues in people management practices

Public sector standards in human resource management – Performance management standard

Australian Public Service Commission: Sharpening the focus: Managing performance in the APS

Reporting

Financial Management Act 2006

Public Interest Disclosure Act 2003

Public Sector Commissioner's Circular: 2018–03 Code of Practice: Occupational Safety and Health in the Western Australian Public Sector 

Commissioner's Instruction No. 6 – Workforce data reporting obligations

Annual report guidelines
 

Principle 7: Finance

The agency safeguards financial integrity and accountability.

Agencies should have comprehensive financial management processes in place. They are essential for the accountable and effective delivery of programs and services, and efficient management of public resources.

Operational element Requirements Additional resources

What is required to achieve accountability and performance?

7.1  Finance policies define the key strategic goals and outcomes for which the agency’s finances must be employed

Constitution Act 1889 (Sections 68 and 72)

Financial Management Act 2006

Treasurer’s Instructions
 
7.2  A formal internal audit charter specifies roles and responsibilities, composition and structure of all internal audit functions

Financial Management Act 2006 (Part 4 section 53(1)(d))

Treasurer’s Instruction 1201: Internal audit
 

How do you achieve it?

7.3  Processes ensure the proper recording of financial transactions consistent with applicable accounting standards

Public Sector Management Act 1994 (Sections 7(g) and (h), 29(1)(c) and (n) and 30(c))

Financial Management Act 2006

Treasurer’s Instructions (Part IX and XI)

Financial Administration Bookcase
7.4  Financial operations contribute towards the agency’s key strategic goals and outcomes and uphold the highest level of integrity

Financial Management Act 2006 (Part 4 section 53)

Strengthening integrity in financial management

How do you monitor progress towards good governance?

7.5  Structured procedures are in place to monitor and audit financial performance against budget and key strategic goals, both at executive level as well as by an independent audit committee Treasurer’s Instructions IX, XI, XII  

Principle 8: Communication

The agency communicates with all parties in a way that is accessible, open and responsive.

Agencies should have open, accurate and responsive communication with all stakeholders to promote public trust.

Operational element Requirements Additional resources

What is required to achieve accountability and performance?

8.1  Communication policies ensure the agency's communication is open, accessible and responsive

Public Sector Management Act 1994 (Section 31)

Freedom of Information Act 1992  (Section 4; Part 2; Part 3; Part 5)
 
8.2  Policies ensure information is disseminated through correct channels, in a timely manner and to the right target group

Public Sector Management Act 1994 (Section 74(1))

State Records Act 2000

Premier’s Circular 2014/03 – Government Advertising and Communications Policy

Premier’s Circular 2019/01 Requirements for Western Australian Government Publications and Library Collections

WA Language Services Policy 

State Records Office: Recordkeeping Plans and Templates

State Records Office publications

State Records Commission Standards

Ombudsman Western Australia -  Good record keeping guide

How do you achieve it?

8.3  Processes ensure proactive, transparent and responsive internal and external communication

Agency’s customer service charter

 
8.4  Processes assist in complying with legislation on record keeping, public interest disclosure and freedom of information, in safeguarding the confidentiality and integrity of information, and in preventing unauthorised, false or premature disclosure

Public Interest Disclosure Act 2003

Premier’s Circular 2019/05 – Cabinet Confidentiality

Requirement to keep a record of attendance and Pay Records - Industrial Relations Act 1979 (section 49D(2)) and other relevant legislation and instruments

State Records Commission Standards

Agency’s complaint resolution policies

Public Sector Commissioner's Circular: 2010-05 Computer Information and Internet Security

State Records Office: Recordkeeping Plans and Templates

ISO 27002:2013 (Code of Practice for Information Security Controls)

State Records Office: Recordkeeping Plans and Templates

State Records Office publications

AS/NZS 10002-2014: Guidelines for complaints management in organizations

Ombudsman Western Australia: Complaints handling guidelines

Ombudsman Western Australia: How to make a complaint

8.5  An audit strategy exists to monitor compliance with communication policies and strategies

 

 

Reporting

Public Sector Management Act 1994 (Section 31)

Financial Management Act 2006 (Part 5, Division 2)

Annual reporting guidelines for 2020-21

Principle 9: Risk management

The agency identifies and manages its risks.

To achieve goals, an agency should be able to identify, detect, manage, treat and prevent risks.

Operational element Requirements Additional resources

What is required to achieve accountability and performance?

9.1  Policies exist for the governance and management of material risks (e.g. reputational, financial or physical, including occupational safety and health)

Occupational Health and Safety Act 1984

Occupational Health and Safety Regulations 1996 

Public Sector Commissioner's Circular 2018–03 Code of Practice: Occupational Safety and Health in the Western Australian Public Sector 

Treasurer’s Instruction 825: Risk management 

Safework Australia

WorkSafe

Guidance note: Formal consultative processes at the workplace

AS/NZS ISO 31000:2018 Risk management guidelines

SA/SNZ HB 436:2013 Risk management guidelines - Companion to AS/NZS ISO 31000:2009

HB 158-2010 Delivering assurance based on ISO 31000:2009 Risk management - Principles and guidelines

 

How do you achieve it?

9.2  The agency’s risk exposure is evaluated and remediation plans are implemented

Treasurer’s Instruction 812: Insurance

Treasurer’s Instruction 825: Risk management

Safework Australia

WorkSafe

Guidance note: Formal consultative processes at the workplace

 

AS/NZS ISO 31000:2018 Risk management guidelines

SA/SNZ HB 436:2013 Risk management guidelines - Companion to AS/NZS ISO 31000:2009

HB 158-2010 Delivering assurance based on ISO 31000:2009 Risk management - Principles and guidelines

 

.3  Preventive measures for key risk categories are in place

Treasurer’s Instruction 825: Risk management and security

 

How do you monitor progress towards good governance?

9.4  Procedures are in place to monitor incidents from the identified risk categories (data analysis)

Treasurer’s Instruction 825: Risk management 

AS/NZS ISO 31000:2018 Risk management guidelines

SA/SNZ HB 436:2013 Risk management guidelines - Companion to AS/NZS ISO 31000:2009

HB 158-2010 Delivering assurance based on ISO 31000:2009 Risk management - Principles and guidelines

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