As the Crown Entities Act 2004 specifies individual and collective duties of board members, the Commissioner has decided not to include the personal conduct of board members in the coverage of the code of conduct.
Many parties can have a legitimate interest in the conduct of Crown entity board members (e.g. the chairperson, other members on the board, a select committee undertaking a review, the Minister of Finance, the Auditor-General, the Ombudsmen, the State Services Commissioner, the public). However, the board’s most important relationship in terms of accountability is with the responsible Minister. In the event of members’ wrong-doing, the Minister may lose confidence in their ability to fulfil their responsibilities and initiate statutory processes for removing them from office. This is the same process the Minister would consider if members were included in the code coverage.