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Conduct Guide Introduction A respected and trusted public sector is a vital com

Conduct Guide Introduction A respected and trusted public sector is a vital component of a robust community. If the community is to have confidence in the public sector then public sector employees must act and be seen to act with integrity. Codes of conduct can help agencies and their staff understand what is appropriate behaviour and help build respect and trust with the community. Purpose This Conduct Guide has been developed to assist you to prepare your own agency’s code of conduct to guide responsible and appropriate decision making, and to communicate appropriate standards of behaviour. It takes into account relevant legislation common to the sector: the Code of Ethics, many of the rules and requirements common across the sector (in particular those contained in Premier’s Circulars and Treasurer’s Instructions), and the need for each agency to incorporate specific requirements unique to their business. How this guide works This guide sets out six categories where a public sector employee needs to display the most appropriate behaviour and comply with the accountability framework established by the legislature and by Government. These areas need to be reflected in your agency’s code of conduct. The categories appear across the top of the matrix as column headings and they are: • personal behaviour • communication and official information • fraudulent and corrupt behaviour • use of public resources • record keeping and use of information • conflicts of interest Section One of the matrix provides the detail of the accountability framework, broken down into legislation and across-government requirements such as Premier’s Circulars and Treasurer’s Instructions. These are common to all agencies and are mandatory. In addition to the Acts with general application across the public sector, agencies should include the details of their own enabling legislation and any agency specific requirements arising from that legislation. Section Two describes the types of issues and behaviour that your code of conduct should define for employees to follow. It draws on the intent of various legislative provisions but in creating your code of conduct you should check the specific provisions to make sure your document reflects the standard intended by Parliament. Again you should also give regard to any legislation that applies specifically to your own agency as well as those Acts that have wider application. Think about the specific nature of the business your organisation conducts when framing the most appropriate standards of behaviour for your staff. Conduct Guide integrity respect innovation professionalism excellence collegiality GOVERNMENT OF WESTERN AUSTRALIA Categories of Conduct Personal Behaviour Communication and Official Information (internal/external) Fraudulent and Corrupt Behaviour SECTION ONE Legislation • Public Sector Management Act 1994 (PSM Act) - s.8 General principles of human resource management, s.9 Act with integrity when performing official duties, comply with ethical codes and the public sector standards in human resource management • Corruption and Crime Commission Act 2003 • Criminal Code Chapter XII Corruption and Abuse of Office • Equal Opportunity Act 1984 • Occupational Safety and Health Act 1984 • Industrial Relations Act 1979 • Working with Children (Criminal Record Checking) Act 2004 • Disability Services Act 1993 • Agency’s enabling legislation • Criminal Code XIII Corruption and abuse of Office - s.81 makes it illegal to disclose confidential information and prohibits public officials from communicating confidential information obtained by virtue of their office • Public Sector Management Act 1994 - s.9 acting with integrity and being scrupulous with information, equipment and facilities • Freedom of Information Act 1992 • State Records Act 2000 • Agency’s enabling legislation • Public Sector Management Act 1994 - s.9 acting with integrity when performing official duties, being scrupulous in the use of official information, equipment and facilities • Corruption and Crime Commission Act 2003 s.4 Misconduct • Financial Management Act 2006 • Criminal Code XIII s.83 Corruption • Treasurer’s instructions • State Records Act 2000 (Record Keeping Plan) • Public Interest Disclosure Act 2003 • Agency’s enabling legislation Across Government Requirements: - Premier’s Circulars and Relevant Guidelines - Administrative Instructions - Approved Procedures (DPC) - Treasurer’s Instructions • Code of Practice Occupational Safety and Health in the Western Australian Public Sector - promotes strategies to help CEOs, managers and employees improve the work environment and ensure compliance with the Occupational Safety and Health Act 1984 (Commissioner’s Circular 2009-11) • Coordination of Public Sector Labour Relations - compliance with the coordination framework for labour relations is required, including circulars issued by the Department of Commerce (Premier’s Circular 2009/01) • State Government Access Guidelines for Information, Services and Facilities - agencies to fulfil social and legislative responsibilities by ensuring service accessibility by all customers, including people with a disability (Premier’s Circular 2003/08) • Whole of Government Complaints Management Strategy - agencies’ complaints management systems must conform to Australian Standard 4269 (Commissioner’s Circular 2009-27) • Equity and Diversity Plan - Government’s commitment to a public sector that represents the community at all levels of employment (Commissioner’s Circular 2010-02) • Implementation of the Policy Framework for Substantive Equality - aims to eliminate racial discrimination in public sector services and promote sensitivity to different client groups (Commissioner’s Circular 2009-23) • Obligations of an Officer - outlines eight behaviours expected of public officers (Administrative Instruction 707) • Sick leave - outlines management issues, including occupational safety and health implications (Administrative Instruction 601) • Approved Procedure 1 - Approved Classification System and Procedures • Approved Procedure 2 - Senior Executive Service • Approved Procedure 3 - Permanent Appointments (Public Service Officers) • Approved Procedure 4 - Fixed Term Contract of Service Appointments (Public Service Officers) • Approved Procedure 5 - Approved Contracts for Services Procedures • Approved Procedure 6 - Determining Remuneration - Specialist Positions • Approved Procedure 7 - Determining Remuneration - Attraction and Retention Benefits http://www.publicsector.wa.gov.au/Services/EmployingPeople/Pages/ApprovedProcedures.aspx • Communication Arrangements between Ministers and Agencies - s.74 outlines Ministers’ responsibilities for how communications are made between ministerial staff and employees (Commissioner’s Circular 2009-10) • Contact with Lobbyists and Register of Lobbyists - lobbying is only permitted by those listed in the lobbyist Register (Commissioner’s Circular 2009-13) • Information for Ministers, Ministerial Staff and Public Sector Employees called as witnesses before the Corruption and Crime Commission - outlines guidelines for reimbursement of legal costs incurred by eligible witnesses, where appropriate (Commissioner’s Circular 2009-15) • Government Intellectual Property - outlines the protection, management, use and commercialisation of intellectual property Commissioner’s Circular 2009-30) • Guidelines for Dealing with Cabinet Documents under the Freedom of Information Act 1992 (Premier’s Circular 2003/09) • Official Information - official information is not to be disclosed, including that obtained in the course of duties, official papers or documents and contents of Advertised Vacancy File (Administrative Instruction 711) • Media and Official Communication - only public servants authorised by a CEO can give public comment and explains how public comments are made by authorised officers (Administrative Instruction 728) • Official Communications - Public Officers not to make contact with Ministers of the Crown and CEOs of other Departments unless part of their official duties. If information is requested by a Minister, officers shall advise their CEO of the nature of information supplied (Administrative Instruction 102) • Corruption Prevention - all agencies must give specific consideration to the risk of corruption and misconduct in their risk management activities (Commissioner’s Circular 2009-25) • Risk Management and Security - agencies should safeguard assets from misuse and loss due to theft or damage (Treasurer’s Instruction 825) SECTION TWO Issues which should be addressed in agency-specific codes • Harassment, bullying or discrimination against colleagues or members of the public • Work habits, behaviour and personal and professional workplace relationships • The need for a safe and productive work environment • Treatment of members of the public and colleagues with respect, courtesy, honesty and fairness, and proper regard for their interests, rights, safety and welfare • Decisions made fairly, impartially and promptly, giving consideration to all available information, legislation and agencies’ policies and procedures • Serving the Government of the day by providing timely, well-considered information and policy advice • Non-disclosure of official information or documents acquired in the course of employment, other than as required by law or where proper authorisation is given • Inappropriateness of misuse of official information for personal or commercial gain for employees and/or their associates. Misuse of official information includes speculation in shares on the basis of confidential information and disclosing the contents of any official papers to unauthorised persons • Fraud and corruption* • Reporting of fraudulent or corrupt behaviour • Reporting breaches of codes of conduct *Fraud is a dishonest activity that causes actual or potential financial loss to any person or agency and corrupt conduct occurs when an employee uses or attempts to use their position for personal advantage Agencies may wish to consider policies that support standards of behaviour and their business activities, such as: • equal opportunity and diversity and preventing discrimination and harassment • occupational health and safety policy • security policy • police clearance and working with children policy, including what may occur if an uploads/Management/ conduct-guide.pdf