CODE OF CONDUCT GUIDELINES

Purpose

These guidelines provide Department of the Environment (the Department) employees with essential information about the Australian Public Service (APS) Values, Employment Principles and Code of Conduct and guidance on some of the more common ethical issues often encountered by APS employees during the course of their APS duties.

These updated guidelines replace the previous 2013 departmental policy document titled ‘DSEWPaC Code of Conduct Guidelines’.

To obtain a full picture of your responsibilities and rights under the Department’s Conduct and Ethical Behaviour Framework, this policy document should be read in conjunction with relevant Chief Executive Instructions (CEI’s), Departmental Instructions and departmental policies available on the Department’s Intranet including:

·  Procedures for Suspected Breaches of the APS Code of Conduct

·  Public Interest Disclosure Procedures

·  Allegations of Fraud & Criminal Behaviour by Departmental Employees

·  Workplace Respect Policy.

Who does the Code of Conduct Guidelines apply to?

The Code of Conduct Guidelines applies to all individuals who are employed by the Department under the Public Service Act 1999 including:

·  ongoing employees

·  non ongoing employees.

Contractors to the Department, such as Datacom employees, are not automatically covered by the APS Code of Conduct. However, where a contractor is delivering services on behalf of the Department, or is working on departmental premises, it is a requirement that all contractors behave in a way which is consistent with the APS Code of Conduct, regardless whether this clause has been included in their individual contract or not.

Further assistance

More information on the APS Code of Conduct, APS Employment Principles and the APS Values is available from the Workplace Behaviour and Conduct Unit located in the John Gorton Building, Parkes, Canberra ACT and from the Australian Public Service Commission website www.apsc.gov.au and the Ethics Advisory Service.

Conduct & Ethical Behaviour Framework

The following table describes the major elements of the Department's Conduct and Ethical Behaviour Framework.

Title / Description
Code of Conduct Guidelines / Provides information about the standards of behaviour required under the APS Values, Employment Principles and Code of Conduct as well as guidance on some of the more common ethical issues often encountered by APS employees during the course of their APS duties.
Procedures for Suspected Breaches of the APS Code of Conduct / Provides information about the process and procedures for investigating alleged and/or suspected breaches of the APS Code of Conduct, including:
• how alleged breaches of the Code are handled
• the sanctions that can be applied
• employee’s rights if they are alleged to have breached the Code.
Allegations of Fraud & Criminal Behaviour by Departmental Employees / Provides information, processes and procedures for investigating allegations of Fraud and/or suspected criminal behaviour by departmental employees in the course of their APS duties.
Public Interest Disclosure Procedures / Provides information on:
• what is a ‘public interest disclosure’
• who is covered by the Public Interest Disclosure Procedures
• the types of conduct that can be disclosed under the Department's Public Interest Disclosure Procedures
• protection for disclosers
Workplace Respect Policy / Provides information on appropriate workplace behaviours and the Department’s commitment to a workplace free of bullying and harassment.
Public Service Act 1999
Public Service Regulations 1999
Australian Public Service Commissioner’s Directions 2013 / Legislation governing the establishment, operation of and employment in the APS including the APS Values, Employment Principles and the APS Code of Conduct.

APS Values

The five APS Values and their corresponding Employment principles are found at sections 10 and 10A of the Public Service Act 1999 and are legally enforceable under the APS Code of Conduct found at section 13. At their core, the APS Values are about relationships and behaviours. In the APS we are responsible for the way we work with the Government and the Parliament, with the public and each other. We are also required to maintain the highest ethical standards.

We are different from other employees providing services in the market-place, in that we exercise authority on behalf of the Government and the Parliament, acting for the public. The public rightly expects high performance and standards of personal behaviour. The APS Values are not simply aspiration statements of intent. All APS employees are required to uphold the APS Values and failure to do so may attract sanctions.

Each of the APS Values is supported by a short statement that expands and clarifies its intent. The Values are as follows:

·  Impartial: The APS is apolitical and provides the Government with advice that is frank, honest, timely and based on the best available evidence

·  Committed to service: The APS is professional, objective, innovative and efficient, and works collaboratively to achieve the best results for the Australian community and the Government

·  Accountable: The APS is open and accountable to the Australian community under the law and within the framework of Ministerial responsibility

·  Respectful: The APS respects all people, including their rights and their heritage

·  Ethical: The APS demonstrates leadership, is trustworthy, and acts with integrity, in all that it does

The importance of the APS Values

The APS aspires to be among the best in the world—a Service that is recognised and valued because its people:

·  take the extra steps necessary to ensure that the needs of the Australian community are identified and met

·  are forward looking and innovative

·  work together and with the community to meet community needs

·  deliver effective programs and excellent service with maximum efficiency, and so provide great value for money.

Fundamental to the achievement of these goals is the set of attitudes and behaviours that APS employees bring to their work. The APS Values, together with the APS Employment Principles, define the APS as an institution, and guide it in its dealings with everyone and in everything it does. Behaviour consistent with the APS Values strengthens public trust and confidence in public administration, and provides a secure foundation to guide the APS into the future.

The requirements of the law

The responsibilities of APS employees (including SES employees) and Agency Heads are set out in the Public Service Act 1999 (the Act).

APS employees must at all times behave in a way that upholds the APS Values and APS Employment Principles (Act, s13(11)).

Members of the SES must also promote the APS Values and APS Employment Principles by personal example, and other appropriate means (Act, s35(3)(c)).

Agency Heads must uphold and promote the APS Values and APS Employment Principles (Act, s12).

APS employees and Agency Heads must also comply with all applicable laws, the APS Code of Conduct and any other requirements prescribed by the Public Service Regulations 1999 or these Directions (Act, s13(4), s13(13), s14 and s42(2)).

Directions about employment matters relating to APS employees, including the scope and application of the APS Employment Principles, are dealt with in Chapters 2 to 5 of the Australian Public Service Commissioner’s Directions 2013 (the Directions).

The application of the APS Values

The APS Values, and the Directions, set out standards and outcomes that are required of APS employees and Agency Heads, taking account of an individual’s duties and responsibilities. In this context, Agency Heads have an additional responsibility to take steps to ensure that the APS Values are promoted in their agency (Direction 1.7).

The APS Values can be applied to the variety of functions undertaken across agencies. For example, being Committed to Service applies when service is provided to external clients and the wider community, to other APS agencies, to clients within an agency, or to Ministers and Government.

The APS Values can overlap, and actions can involve the application of more than one APS Value. For example, the concept of collaboration is relevant to being Committed to Service as well as to being Respectful. This overlap is reflected in Direction 1.2, which provides that being Committed to Service requires supporting collaboration and teamwork, both internally and externally, and Direction 1.4, which provides that being Respectful requires collaborating and being open to ideas in policy development and implementation.

Each of the Values is of equal importance. There is no hierarchy of Values. There may be particular situations where there is tension between the different APS Values that are to be applied. In such cases, good judgment will need to be exercised to find the appropriate balance between competing demands.

The Australian Public Service Commissioner issues standards and guidance material for APS employees and Agency Heads on the practical application of the APS Values, APS Employment Principles and the Code of Conduct.

APS Employment Principles

On 1 July 2013 the Public Service Act 1999 was amended to include a new section 10A which provides for the Employment Principles. The Employment Principles are largely those of the previous APS Values that relate to employment and workplace relationships.

The Employment Principles are as follows:

The APS is a career-based public service that:

a.  makes fair employment decisions with a fair system of review

b.  recognises that the usual basis for engagement is as an ongoing APS employee

c.  makes decisions relating to engagement and promotion that are based on merit

d.  requires effective performance from each employee

e.  provides flexible, safe and rewarding workplaces where communication, consultation, cooperation and input from employees on matters that affect their workplaces are valued

f.  provides workplaces that are free from discrimination, patronage and favouritism

g.  recognises the diversity of the Australian community and fosters diversity in the workplace.

The APS Code of Conduct

The Australian public expects the highest standards of behaviour from its public servants. These standards of behaviour are detailed in the APS Code of Conduct in Section 13 of the Public Service Act 1999.

The APS Code of Conduct forms the legal basis for a Commonwealth Agency taking disciplinary action against an employee. The APS Code of Conduct is legally enforceable under the Public Service Act 1999 which at section 15(1) sets out the sanctions that can be imposed when employees are found to have breached the Code of Conduct.

The following table sets out the 13 subsections of the APS Code of Conduct which all Departmental employees, including the Agency Head, must comply with.

Subsection / Element of the APS Code of Conduct /
1 / Behaving Honestly and with Integrity
Employees must behave honestly and with integrity in connection with their APS employment.
2 / Acting with Care and Diligence
Employees must act with care and diligence in connection with their APS employment.
3 / Treating Everyone with Respect and Courtesy and without Harassment
When acting in connection with APS employment, employees must treat everyone with respect and courtesy and without harassment.
4 / Complying with all applicable Australian Laws
When acting in connection with APS employment, employees must comply with all applicable Australian laws.
5 / Complying with Lawful and Reasonable Directions
Employees must comply with any lawful and reasonable direction given by someone in the employee’s agency who has authority to give the direction.
6 / Maintaining Confidentiality with Ministers or their Staff
Employees must maintain appropriate confidentiality about dealings that the employee has with any Minister or Minister’s member of staff.
7 / Disclosing and Avoiding Conflicts of Interest
Employees must disclose and take reasonable steps to avoid, any conflict of interest (real or apparent) in connection with APS employment.
8 / Use of Commonwealth Resources
Employees must use Commonwealth resources in a proper manner.
9 / False or Misleading Information
Employees must not provide false or misleading information in response to a request for information that is made for official purposes in connection with the employees APS employment.
10 / Improper Use of Inside Information or an Employee’s Duties, Status, Power or Authority
Employees must not make improper use of:
• inside information
or
• the employee’s duties, status, power or authority
in order to gain, or seek to gain, a benefit or advantage for the employee or for any other person.
11 / Upholding the APS Values and the Integrity and Good Reputation of the APS
Employees must at all times behave in a way that upholds the APS Values and APS Employment Principles and the integrity and good reputation of the employee’s agency and the APS.
12 / Upholding the Good Reputation of Australia while on Duty Overseas
While on duty overseas, employees must at all times behave in a way that upholds the good reputation of Australia.
13 / Complying with other Conduct Requirements
APS employees must comply with any other conduct requirement that is prescribed by the regulations. At present there is only one additional conduct requirement prescribed in the regulations: Regulation 2.1 – Duty Not to Disclose Information

Roles and Responsibilities

Employees

It is a statutory obligation for all departmental employees to ensure that they:

·  familiarise themselves with the APS Values, Employment Principles and the Code of Conduct

·  fully comply with the requirements of the APS Code of Conduct.

Regulation 3.16 of the Public Service Regulations 1999 requires that each APS employee must inform himself or herself about the Public Service Act 1999, the Public Service Regulations 1999 and the Australian Public Service Commissioner’s Directions 2013.

Managers

Managers, at all levels, have the responsibility for:

·  assisting APS employees to comply with the requirements of the APS Code of Conduct

·  providing employees with appropriate advice when difficult situations or dilemmas arise

·  consulting with the Workplace Behaviour and Conduct Unit where situations or dilemmas that arise are suspected to be breaches of the APS Code of Conduct by an employee.

Section 35 of the Public Service Act 1999 prescribes the role and constitution of the Senior Executive Service (SES). In particular this section requires that the SES promote the APS Values and compliance with the APS Code of Conduct by personal example and other appropriate means.

The Workplace Behaviour and Conduct Unit