ABSTRACT

This chapter focuses on developments in governance across the public and private sectors. It outlines and discusses the directors' duties in key legislation across the public and private sectors. The chapter explores that the corporate regulation, directors' duties, and outsider dealings at state and Commonwealth level, considered from the perspective of the outside financier or contractor dealing with government and non-government corporations. It describes some implications of executive government status and immunity for corporations across the public and private sectors. The chapter illustrates the obligation of the board of a government business enterprise (GBE) to act in the best interests of the organisation. Balancing shareholder and stakeholder interests can raise incommensurability issues, as can conflict between single bottom line and triple bottom line reporting. The chapter also specifically focuses on executive government immunity, GBEs, and financing and taxation contexts. The law of obligations and liabilities must accommodate the various different kinds of government and non-government corporations.