Act Provides for Disclosure Recording in Minutes of Board Meeting
In a move aimed at ensuring transparency and accountability, the government has introduced an act that mandates the recording of disclosure statements in the minutes of board meetings.
Background
The National Condition of Service stands as a replacement for the absence of a declaration system in the public service. According to Section D.19 (b), valuable presents received in the course of public duty may be accepted with permission from the Secretary to Cabinet.
Advisory Services
The act provides for advisory services to officials in order to comply with disclosure-related obligations. However, there is no specific advisory service provided by government in this regard. Instead, sworn officers are obligated to fully understand their role and follow all terms and conditions of their declaration.
Training Requirements
Section 17(1) (d) of the Proceed of Crime Act has mandated the Financial Intelligence Unit (FIU) to create training requirements and provide training for financial institutions about transaction record-keeping and reporting obligations.
Disclosure Obligations
The act regulates the disclosure of information on assets of public officials’ family members or members of their households under certain circumstances. Section 93(1) of the Proceed of Crime Act provides that a police officer may apply to a Judge for a warrant to search premises for a document if there are reasonable grounds for suspecting that a person has committed a serious offence.
Compliance Mechanisms
The act outlines mechanisms in place to ensure compliance with disclosure obligations, including:
- Sections 15(1) and 11(b) of the Proceed of Crime Act
- Section D.12 of the National Condition of Service, which speaks to unauthorized disclosure by public servants
Consequences of Non-Compliance
Section D.23 of the National Condition of Service provides that an employee who gives false information at the time of their appointment will be liable for dismissal and to forfeit all rights and privileges reserved to them by that appointment.
Public Access to Information
The act regulates public access to information, with authorization required from the Secretary to Cabinet, Secretaries, Managers, or whoever is in charge of the office to obtain highly confidential information.