Regulating the post-employment of public officials: Australian experience in an international context

The potential abuse of power by public officials after they have left government employment became a major issue in Australia with the appointment of two recently retired senior federal ministers to lucrative positions with firms which had close dealings with their former departments. The cases raise important questions about the regulation of ‘the revolving door’ which is an increasing feature of governance as the public and private sectors move more closely together. Australian Commonwealth rules relating to both ministers and public servants are analysed in the context of international practice and as part of the wider issue of conflict of interest. Four types of conflict are relevant to post-employment: ingratiation, profiteering, influence, and switching sides. The regulation of each type is discussed and Australian practice seen to be deficient in certain respects, particularly in relation to ministers. Regulation in this area faces two general challenges: definition of the offence and the comparative absence of oversight and sanctions. But international exemplars offer prospects for strengthening Australia's ethical regime.