Catallaxy Files

A previous post commented on the Constitutionality of the Ken Henry appointment under section 67 of the Constitution. The instrument of appointment has been published showing the appointment commenced from 27 April 2011. Note that the documents include a statement to be signed by Dr Henry (not required under section 67 of the Constitution) stating:

As Special Adviser I will comply with the APS Values and Code of Conduct as if I were an APS employee. As such, I am aware of my responsibilities under the Code of Conduct to behave honestly and with integrity, to disclose, and take reasonable steps to avoid, any conflict of interest (real or apparent) in connection with my employment and to not make improper use of (a) inside information, or (b) my duties, status, power or authority, in order to gain, or seek to gain, a benefit or advantage for myself or for any other person

This is emphasised in a letter from the then Secretary of the Department of the Prime Minister and Cabinet

I request, however, that you consult me prior to undertaking outside employment from now on and that you be mindful of any real or perceived conflict of interest.

I remain skeptical about the constitutionality of the appointment under section 67 (as noted in the previous post). But the appointment to the Board of the National Australia Bank is at the very least a perceived conflict of interest, especially since the terms and conditions of appointment are the same as a person who occupies the position of Treasury Secretary (this is specifically stated in the instrument of appointment signed by the Governor General) rather than any other departmental secretary. As such Dr Henry enjoys  any pay increases awarded to his successor which will flow through to the public service superannuation scheme.