Public Sector Governance

We advise many leading public sector organisations on the full spectrum of corporate governance, including directors' duties, compliance documentation and legal and ethical standards. Our public sector governance practice brings together our strengths in the areas of government advisory and corporate governance. For example: 

  • We represent over 200 different government departments, agencies and statutory authorities at federal, state, territory and local government levels, throughout Australia, New Zealand and the Asia Pacific;
  • We have a specialist national Corporate HQ Advisory Group, led by leading legal expert, Robert Austin, author of Ford's Principles of Corporations Law (with Professor Ian Ramsay) and Austin and Black's Annotations to the Corporations Act (with Justice Ashley Black).

Our corporate governance advice to government corporatised entities, their executive management and their Boards is practical, commercial, strategic and informed by our deep understanding of the public sector context.

MinterEllison provides specialist advice to government agencies, statutory authorities, government owned companies and regulators on compliance with the relevant legislation and policies. Our lawyers regularly advise on the Corporations Act 2001, enabling legislation for statutory authorities and accountability legislation relevant to government at all levels, including the Commonwealth Public Governance, Performance and Accountability Act 2013 (Cth) and equivalent State and Territory legislation. Our team is abreast of emerging issues, trends and changes in law and policy.

We offer comprehensive governance, compliance and risk reviews of existing corporate governance arrangements, tailored to the specific compliance obligations of each government client, and a suite of compliance services, documentation and training to provide a basis for improved governance and compliance performance in the future. Our expert team can develop compliance programs, prepare policies and manuals, draft delegations, deliver training programs for executive management and Boards, provide online training tools, brief executive management and Boards on issues in governance for government and provide access to thought leadership forums.

We have extensive experience in advising government clients on the establishment of legal entities to meet their objectives. We advise on legal structuring options in the context of policy and legislation, constitutions, funding agreements, governance arrangements and establishment of corporate governance frameworks and protocols.

16 April 2015

Yesterday the High Court of Australia upheld the decision of the New South Wales Court of Appeal that the Independent Commission Against Corruption (ICAC) does not have power to investigate allegations that Ms Cunneen counselled a person to lie to police. This decision has serious implications for past and future corruption investigations and inquiries.

30 June 2014

Following legislation being introduced and passed over the past two weeks, the much anticipated Public Governance, Performance and Accountability Act 2013 comes into effect today. Commonwealth entities, be they corporate or non corporate, need to comply with the new PGPA regime.

24 January 2014

The Department of Finance has released further tranches of draft rules under the Public Governance, Performance and Accountability Act 2013 (PGPA Act) for consultation.  The PGPA Act is due to replace the Financial Management and Accountability Act 1997 and the Commonwealth Authorities and Companies Act 1997 on 1 July 2014.

18 December 2013

The second tranche of draft rules under the Public Governance, Performance and Accountability Act 2013 has been released for consultation by the Department of Finance. The two latest draft rules address Government Business Enterprises and material personal interests.

28 November 2013

The Public Governance, Performance and Accountability Act 2013 (PGPA Act) is due to replace the Financial Management and Accountability Act 1997 and the Commonwealth Authorities and Companies Act 1997 on 1 July 2014. Rules to support the new framework for Commonwealth agencies, authorities and companies will be made under the PGPA Act. The Department of Finance has released the first set of draft rules for consultation.