PC006 Code of Conduct for Employees Page 1 of 24

Code of Conduct for Council Employees

Council seeks a constructive workplace culture where its business is conducted safely, with

integrity, honesty and fairness, and with customer value and great customer experiences being

the intended outcome

Category Office of CEO – People & Culture Policy number: PC006

Related forms,

policies and

procedures

Guide for Ethical Decision-Making

Anti-Discrimination

Workplace Bullying

Prevention of Sexual Harassment

Grievance Handling Procedure for Employment Related Matters

Receipt of Benefits, Gifts and Prizes

Councillor Interaction with Staff

Media and Communications Policy

Procurement Policy

Fraud Control Plan

Delegated Power and Authorisations

Information Privacy and Confidentiality

Right to Information

Information Security

Workplace Health and Safety

Drug and Alcohol Policy

Performance and Misconduct Policy

Public Interest Disclosure Policy

Key words Code of Conduct, Employees

Relevant

legislation Public Interest Disclosure Act 2010

Public Sector Ethics Act 1994

PC006 Code of Conduct for Employees Page 2 of 24

Local Government Act 2009

Anti-Discrimination Act 1991

Disability Discrimination Act 1992

Racial Discrimination Act 1975

Sex Discrimination Act 1984

Age Discrimination Act 2004

Work Health and Safety Act 2011

Information Privacy Act 2009

Right to Information Act 2009

Human Rights Act 2019

References

and resources

LGAQ

Review due by People & Culture 7 August 2021

Approved by Council Resolution GE0059 8 August 2019

Approved by Chief Executive Officer 30 March 2016

Approved by Chief Executive Officer 19 October 2012

Approved by Chief Executive Officer 13 July 2009

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CODE OF CONDUCT FOR COUNCIL EMPLOYEES

1. Purpose

Cassowary Coast Regional Council (Council) seeks a constructive workplace culture where its business

is conducted safely, with integrity, honesty and fairness, and with customer value and great customer

experiences being the intended outcome. A culture that is focused on efficiency, adaptability, resilience,

innovation and enthusiasm and aligned with Council’s Community, Corporate and Operational Plans, and

relevant laws, regulations, codes, directives and organisation standards.

Everyone working with Council must follow the highest standards of ethical behaviour when dealing with

customers and each other. Our leaders have a special responsibility to encourage ethical conduct as part

of our culture where this is recognised, valued and followed at all levels.

The key values which govern our behaviours as a Council and which we share as employees of Council

are:

Working as a team

Being responsible, proactive and positive

Valuing our integrity

Being accountable for our decisions

Valuing the people of our communities

Respecting other’s point of view

2. Scope

All Council employees, regardless of their employment status, role or position must be familiar with and

follow the spirit of, and content of, the Code of Conduct.

Council employees is defined as:

Permanent, fixed term or casual employees;

Contractors, consultants, and labour hire employees who perform work for Council under a contract

for services, even though they are not employees of Council;

Students doing unpaid work experience or unpaid placements;

Apprentices and trainees; and

Volunteers.

3. Definitions and principles

CEO – means Chief Executive Officer

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Conflict of Interest - occurs when an employee’s private interests interfere, or appear to interfere, with

their duty to put the public interest first. A conflict can manifest itself in many ways and in various aspects

of areas related to professional duties and obligations.

An actual conflict of interest exists where your actions as a Council employee, right now, could

be influenced by your private interests.

• A perceived conflict arises where it appears that decisions you make in the course of your

employment may be influenced by your private interests, whether or not this is in fact the case.

• If you are employed in a role where your future decision making may be influenced by your private

interests, you have a potential conflict of interest.

Council – means Cassowary Coast Regional Council.

Corrupt Conduct – is conduct by anyone that adversely affects a public agency or public official so that

the performance of their functions or the exercise of their powers:

is not honest or impartial; or

knowingly or recklessly breaches public trust; or

involves the misuse of agency-related information or material.

Common examples of corrupt conduct include fraud and theft, extortion, unauthorised release of

information, obtaining or offering a secret commission and nepotism.

Discrimination – as defined in various state and federal legislation, discrimination occurs if a person

treats, or proposes to treat, someone unfavourably due to a personal attribute which is protected by law,

for example their sex, relationship status, age, race or impairment.

Indictable offence – as defined by the Criminal Code and similar legislation. It ordinarily means a criminal

offence that is punishable by imprisonment for over one year. An indictable offence may be heard by a

court (and jury) or may be dealt with summarily by a judge.

Official Misconduct – is conduct that could, if proved, be:

(a) a criminal offence; or

(b) a disciplinary breach providing reasonable grounds for terminating the person’s services, if the

person is or was the holder of an appointment.

Nominal Value – is considered to be anything up to $150, as per the Receipt of Benefits, Gifts and Prizes

Management Directive.

Public Officials – an employee of Council.

Public Sector Entity – means Council.

Social Media - is an umbrella term covering websites, technology, applications or tools that enable active

and participatory publishing and interaction between individuals over the internet. Social media can be

characterised by:

relationships

user participation

user-generated content

collaboration

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multi-directional conversations

highly accessible and scalable publishing

24/7 operation and availability.

Social media includes, but is not limited to, Facebook, Instagram, Twitter, YouTube, Snapchat, Yammer,

MySpace, LinkedIn, WhatsApp, Viber and similar sites.

Summary conviction - is a minor criminal offence or misdemeanor, which is dealt with summarily by a

magistrate.

Vexatious - a groundless complaint made with an adverse primary intent to cause distress,

detriment or harassment to the subject.

3.1 Principles

The Code of Conduct is a set of standards and behaviours related to the way work is performed at Council.

It places the responsibility on each employee to use reasonable and sound judgement while at work or

when undertaking activities that may reflect on you as an employee of Council. It aims to deliver best

practice by ensuring our standards are clear and guided by sound ethics. By consistently applying these

standards, we enhance public trust and confidence in each of us. Nothing in this Code of Conduct

interferes with your rights as a private citizen.

This Code of Conduct does not cover every situation. However, the values, ethics, standards and

behaviours it outlines are a reference point to help you make decisions in situations it does not cover.

A ‘Guide for Ethical Decision-Making’ is included to help you in situations not covered by the Code of

Conduct.

4. Procedure

4.1 When does the Code of Conduct apply?

The Code of Conduct covers your conduct as a public official and behaviour as individuals while you are

at work and also outside of the workplace where your behaviour may be directly related to your

employment and Council activities. It also applies in other circumstances where your actions may impact

upon the reputation and activities of Council.

4.2 Ethical Principles, Values and Conduct

The Public Sector Ethics Act 1994 identifies four ethics principles fundamental to good public

administration that guides our behaviour as public officials and form the basis for our Code of Conduct.

The four principles are:

(a) integrity and impartiality;

(b) promoting the public good;

(c) commitment to the system of government; and

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(d) accountability and transparency.

The Local Government Act 2009 sets out the way in which a local government is established and the

nature and extent of its responsibilities and powers. The Act requires that a Council’s actions are consistent

with the following local government principles:

transparent and effective processes, and decision-making in the public interest; and

sustainable development and management of assets and infrastructure, and delivery of effective

services; and

democratic representation, social inclusion and meaningful community engagement; and

good governance of, and by, local government; and

ethical and legal behaviour of Councillors and Local Government employees.

These legislative principles, together with Council’s vision, values, policies and directives form the basis

of this Code of Conduct.

4.3 The First Principle – Integrity and Impartiality

In recognition that public office involves a public trust, public sector entities and public officials seek to

promote public confidence in the integrity of the public sector and—

(a) are committed to the highest ethical standards; and

(b) accept and value their duty to provide advice which is objective, independent, apolitical and

impartial; and

(c) show respect towards all persons, including other employees, clients and the general public; and

(d) acknowledge the primacy of the public interest and undertake that any conflict of interest issue will

be resolved or appropriately managed in favour of the public interest; and

(e) are committed to honest, fair and respectful engagement with the community.

4.4 Standards of Conduct – Integrity and Impartiality

i. Behaviour towards each other

We must all treat others with trust, respect, honesty, fairness, sensitivity and dignity. Employees who

supervise or manage other employees have a special responsibility to model this kind of behaviour, and

to ensure that the people they supervise understand the standard of performance and behaviour that is

expected of them at work and when dealing with the public.

You are expected to accommodate and respect different opinions and perspectives and manage

disagreements by rational and constructive debate. You must not behave towards any other person in a

way that could be perceived as intimidating, overbearing or as workplace harassment.

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Effective teamwork is an essential part of a productive and constructive workplace culture. All team

members need to work co-operatively with supervisors, managers and fellow team members and actively

and willingly take part in team activities (e.g. meetings, workplace activities to support a constructive

workplace culture).

ii. Non-discriminatory workplace

Council is committed to creating and maintaining a workplace free from unlawful discrimination. By law, all

persons must ensure that discrimination is not part of our workplace or our practices.

For more information refer to MDG Anti-Discrimination.

iii. Workplace and sexual harassment

Council is committed to preventing harassment of employees and the public.

Creating a work environment free of harassment is everyone’s responsibility. As a team member you must

take steps to prevent workplace harassment and sexual harassment, and address improper or

inappropriate behaviours before they become severe, persistent or pervasive. All team members are

expected to contribute to building a workplace that embraces diversity and differences and which is free

from intimidation, bullying and harassment.

For more information refer to MDG Workplace Bullying, MDG Prevention of Sexual Harassment & MDG

Grievance Handling Procedure for Employment Related Matters

iv. Conflict of interest

When making decisions, you must declare any conflict of interest that could affect your objectivity in

carrying out your duties.

A conflict of interest involves a conflict between your official duties and responsibilities in serving the public

interest and your private interests. A conflict of interest can arise from avoiding personal losses as well as

gaining personal advantage – whether financial or otherwise. This includes advantages to relatives and

friends.

If you believe you have a conflict of interest, whether real, potential or perceived, you must tell your

manager as soon as you become aware of the conflict. Your supervisor and/or manager will then provide

further direction on how to manage or resolve the conflict.

Until the matter is resolved, you must make sure you are not part of any action or decision-making

processes related to the matter.

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Where required by the Local Government Regulation 2012 you may be obligated to supply details of

interests to the Chief Executive Officer (CEO) to be included in a Register of Interests and ensure

particulars contained in a Register of Interests remain correct.

v. Influences on decision-making

You must not influence any person in an improper way with the aim to obtain personal advantage or

favours.

All decisions you make must be, and be seen to be, fair and transparent. This can be achieved by:

following Council’s directives and processes; and

keeping clear, accurate and complete records; and

recording how and why decisions were made.

You must not in any way misrepresent your qualifications, experience or expertise in any recruitment and

selection process.

Appendix ‘A Guide to Ethical Decision-Making’ has more information about how to make ethical decisions.

vi. Accepting gifts and benefits

Occasionally you may be offered gifts or benefits from people who you do business with as an employee

of Council.

It is an offence under the Local Government Act 2009 (Qld) for an employee to ask for, or accept, a fee or

other benefit for doing something as a local government employee. This does not apply to remuneration

paid by Council or a benefit that has only a nominal value.

It may be permitted to accept a gift or benefit of nominal value in limited circumstances, however, as a rule

you must not accept any gifts or benefits (regardless of value) if there is a possibility that, in doing so, you

could create a real or perceived conflict of interest or be seen to be receiving a bribe.

The test to apply is whether you could be (not whether you are) influenced by your private interests in

carrying out your official duties, or whether people are likely to believe that you could be influenced. For

example, ask yourself if accepting the gift or benefit could suggest that the giver would or may receive

favourable treatment.

If you are unsure, it is best to decline offers of gifts or benefits by courteously explaining that acceptance

would be against Council policy. For more information refer to MDG Receipt of Gifts, Gratuities and

Benefits.

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vii. Employment outside Council

It is not Council’s intention to stop people from holding secondary employment or operating a personal

business outside your normal working hours, providing your private employment or business:

does not create a real or perceived conflict of interest; and

has no effect on the performance of your official duties. This includes effects from a safety/fatigue

management perspective; and

does not involve use of Council resources (physical, technological or intellectual); and

is not likely to bring Council’s reputation into disrepute; and

continues to meet these requirements.

Under section 198 of the Local Government Act 2009, where you seek to be employed by more than one

local government at the same time, approval of each of the local governments is required prior to you

being appointed to the second position.

Although you do not need written approval, if you undertake voluntary work or a hobby you also need to

ensure that these activities meet the above requirements. If you are unsure, you should discuss this with

your manager.

viii. Public comments on Council business

Only Councillors and officers authorised by the CEO may speak to the media and comment publicly on

Council business.

If you are asked to comment on any Council matter via the media (including social media) or public

relations firms or in any forum at all and you are not authorised to do so, you should decline and refer the

matter to your manager and Council’s Marketing and Media team. Refer to Policy Media and

Communications Policy.

Sometimes, it might be appropriate to share information based on your personal and professional

experience (e.g. in seminars or training programs). Make sure that if you share your experiences, you do

not breach the confidentiality of Council information or privacy of other persons (this can potentially include

comments made and information shared in your personal life by whatever method of communication you

use, including social media).

ix. Advice given to Elected Officials

Communication between Councillors and employees must be in accordance with Council’s policies and

directives. For more information refer to MDG Councillor Interaction with Staff Requests by Councillors

for Assistance or Information.

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Council employees must give elected members (Councillors) advice that is thorough, responsive,

objective, independent, apolitical and impartial so that Councillors can make decisions and carry out their

community responsibilities.

If you believe there is conflict between a request from an elected official and Council policies, you must

discuss this with your manager.

x. External activities

You are not to take part in political affairs or external activities whilst on duty. Council’s IT systems,

including internet access and email, Council newsletters and workplaces must not be used for political

purposes or messages or circulating defamatory or disparaging remarks against individuals, groups or

Council.

Council is committed to ensuring all employees are free to engage in trade union, party-political, interest

group or charity activities. You must make sure that your participation in such activities does not cause

conflict of interest, and that it does not restrict or impact on the performance of your duties with Council.

If you comment publicly in connection with such activities, you must make a clear distinction between your

opinion as a member of those organisations. You must not give your unauthorised opinion as a Council

employee.

You must not use your role in Council, Council information or information gained in the course of your

Council duties to advance your position or standing within an external organisation, nor for the benefit or

promotion of an external organisation. You must not provide Council information to members of other

groups or related persons, except where this information is publicly available.

As an employee, you are the face of Council in the community. If you identify yourself or can be identified

as a Council employee, your out-of-work behaviour and personal opinions are likely to come under public

scrutiny. When using social media outside of work hours, assume that material you post online can be

made public at any time and may be permanent. Be aware that your posts and photos may be shared by

others in ways beyond your control and may reach unintended audiences. Even when you post material

anonymously or use private social media channels, you must continue to uphold this Code of Conduct.

For more information refer to MDG Use of Social Media.

4.5 The Second Principle – Promoting the Public Good

In recognition that the public sector is the mechanism through which the elected representatives deliver

programs and services for the benefit of the people of Queensland, public service agencies, public sector

entities and public officials: –

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(a) accept and value their duty to be responsive to both the requirements of government and to the

public interest; and

(b) accept and value their duty to engage the community in developing and effecting official public

sector priorities, policies and decisions; and

(c) accept and value their duty to manage public resources effectively, efficiently and economically;

and

(d) value and seek to achieve excellence in service delivery; and

(e) value and seek to achieve enhanced integration of services to better service clients.

4.6 Standards of Conduct – Promoting the Public Good

i. Customer service

We are a trusted Council and take responsibility to deliver on promises, while treating members of the

public with honesty, fairness, sensitivity and dignity.

At Council, we are one team working together to provide great customer experiences. It is important to

know there is support available if you are unsure of how to deal with difficult situations and difficult people.

We encourage constructive feedback from our customers so that we may continually strive to improve

their experience with us. We recognise their right as customers to also make complaints about any aspect

of our conduct or services. It is important as a Council employee to make all reasonable efforts to help

customers lodge complaints. If you think a situation is threatening or intimidating, you are entitled to

withdraw and seek assistance. If in doubt, ask for help from a more experienced colleague, or a supervisor

or manager.

Council will support any employee who believes they are under threat from a member of the public. Council

also prides itself on being a Child Safe organisation.

ii. Fairness to suppliers

Council has established directives and delegations of authority for various stages of the procurement of

goods and services which reflect the content of the Local Government Regulation 2012. You must comply

with the Local Government Regulation 2012 and Council’s Policy Procurement Policy and Procurement

Procedure when seeking suppliers for goods or services.

If you have been approved to be involved in offering contracts or buying goods and services from outside

Council, you must be sure you have taken reasonable, fair and consistent steps to allow all potential

suppliers to bid for work.

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You also need to ensure that you do not incur any liability or enter into any contract on behalf of Council,

or alter the terms or conditions of any contract which Council has already entered, unless you are

authorised to do so.

iii. Public money

You must maintain high standards of accountability if you collect and use public money.

You are not permitted to borrow or use Council money for private purposes. This also applies to items

such as petty cash, official credit or purchase cards, taxi vouchers or other vouchers.

iv. Intellectual property

You must obtain written approval before arranging to publish or disclose any articles or materials you

produce as part of your official duties. Any original work, invention or product you contribute to in

association with your work remains Council property. Similarly, you must not publish or disclose any

matters relating to Council’s intellectual property without appropriate authority.

This does not stop you from sharing with other organisations information relating to your official duties.

However, if you do, you must make sure you do not breach the confidentiality of Council information, its

employees or its clients, or compromise Council’s intellectual property rights.

You must also respect the intellectual property rights of individuals and organisations outside Council. For

example, you must not copy, quote or reproduce their work unless they have given you permission to do

so. Where you make reference to the work of others, you must cite or acknowledge the source.

You must not infringe Copyright Law, including the intellectual property, of any individual or organisation.

For example, you must not store or copy audio, video or image files, printed media and software without

appropriate license or approval on Council assets.

v. Concern for the environment

A strategic result area for Council is that we value the natural environment. This requires us to share the

responsibility of managing the impacts of air, water, land and noise pollution and creating healthy

surroundings for our community. This includes individual responsibility for our own actions (e.g. taking care

in disposing of waste and using and storing chemicals, reducing energy consumption and waste in our

work spaces where we can and applying high standards of environmental protection across the region).

In performing your duties at Council, you must ensure that you comply with your general environmental

duty and where applicable, your duty to notify of environmental harm.

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4.7 The Third Principle – Commitment to the System of Government

In recognition that the public sector has a duty to uphold the system of government and the laws of the

State, Commonwealth and local government, public sector entities and public officials:

(a) accept and value their duty to uphold the system of government and the laws of the State, the

Commonwealth and local government; and

(b) are committed to effecting official public sector priorities, policies and decisions professionally and

impartially; and

(c) accept and value their duty to operate within the framework of Ministerial responsibility to

government, the Parliament and the community.

Subsection (A) does not limit the responsibility of a public sector entity or public official to act independently

of government if the independence of the agency, entity or official is required by legislation or government

policy, or is a customary feature of the work of the entity or official.

4.8 Standards of Conduct – Commitment to the System of Government

i. Acting within the law

You are expected to be aware of, and comply with applicable legislation, awards, certified agreements,

Council policies, directives, local laws, processes and standards relevant to your work area.

You are expected to obey legal, reasonable directions from your supervisor and/or manager. You have

the right and responsibility to constructively question how you do your work, particularly if you think there

is a better way of doing something. This is not to be taken to limit you from using initiative and/or your

own level of competence to ensure that great customer experiences are provided and continually

improved.

If you believe there is an imminent risk to the safety of yourself or others, or or if you think that a direction

may be in breach of the law then you should attempt to resolve the matter within the team and/or with your

team leader. If the matter cannot be resolved at this level then you must raise the issue with your

supervisor or manager immediately. You should not continue with work that poses a risk to safety or that

is unlawful.

You must record your concerns and lodge them with your supervisor or manager and unless there is an

immanent risk to safety you are required to work as directed by your supervisor or manager.

If you are charged with having committed any indictable offence, or are subject to an indictable offence

conviction, or are subject to a summary conviction, you should immediately report the circumstances to

your manager and director.

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If you uncover evidence or have reasonable suspicion there is corrupt conduct, you must notify your

manager or director at the earliest opportunity. Refer to Council’s Policy Fraud and Corruption Control

Policy.

ii. Acting in accordance with delegations and signing documents on behalf of Council

If you are requested to undertake an action on behalf of the CEO or Council, prior to exercising any power

on behalf of the CEO you must ensure there exists an appropriate delegation or authorisation, pursuant to

State legislation, that allows you to exercise the power.

The following persons are the only persons who may sign a document on behalf of Council:

(a) CEO; or

(b) A Council employee who is authorised, in writing, in accordance with the authorisation made by

the CEO to sign documents.

For more information refer to Policy Delegated Power and Authorisations.

iii. Raising concerns

You have the right to comment on or raise concerns with your supervisor, manager or director about

Council policies, practices or priorities where they impact on your employment. However, you must do this

in a respectful, reasonable and constructive way and take responsibility for your comments and views.

Further, you must accept that Council has the right to determine its policies, practices and priorities and

that you must comply with all reasonable and lawful instructions, whether or not you personally agree with

a given policy direction.

When raising complaints or grievances, employees are expected to act with honesty and in good faith.

Complaints that are considered vexatious or frivolous will not be progressed, and such complaints may be

managed as acts of misconduct in accordance Council’s recognised policy.

iv. Privacy

Council maintains information about individuals, businesses and commercial issues which is private and

sensitive and which could be harmful to a person's interest if released. Employees should only access

personal information and records they require to perform their official Council duties.

Employees must ensure that the collection, storage and use of personal information is done so in

accordance with the Privacy Principles outlined pursuant to the Information Privacy Act 2009 and Council’s

Policy Information Privacy & Confidentiality.

As a general rule you can maintain privacy by:

• not discussing work matters with persons not entitled to know such information; and

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• taking responsibility to safeguard confidential files and information; and

• ensuring collected information is only used in a manner consistent with the purpose for which it

was originally collected; and

• ensuring that you comply with Council policy in relation to maintaining privacy of personal

information.

In addition to the Information Privacy Act 2009, section 200 of the Local Government Act 2009 makes it

an offence for a person who is, or has been, a Council employee to release information that the person

knows, or should reasonably know, is information that:

• is confidential to Council; and

• Council wishes to keep confidential.

Personal and other information may on occasion be sought from Council by an employee or other

members of the public in line with the Right to Information Act 2009. If such a request is made of you, you

must ensure that you refer such requests to the Corporate Governance team to be properly considered as

per the Policy Right to Information.

4.9 The Fourth Principle – Accountability and Transparency

In recognition that public trust in public office requires a high standard of public administration, public

service agencies, public sector entities and public officials: -

(a) are committed to exercising proper diligence, care and attention; and

(b) are committed to using public resources in an effective and accountable way; and

(c) are committed to managing information as openly as practicable within the legal framework; and

(d) value and seek to achieve high standards of public administration; and

(e) value and seek to innovate and continuously improve performance; and

(f) value and seek to operate within a framework of mutual obligation and shared responsibility

between public services agencies, public sector entities and public officials.

4.10 Standards of Conduct – Accountability and Transparency

i. Using Council assets

Council’s assets includes property (physical and intellectual property), plant, equipment, ICT/IT assets,

goods, products and/or valuables (this includes surplus materials, waste materials and off-cuts). All

employees share the responsibility for looking after these assets.

If you are in charge of assets you must take good care of them while they are in your possession or use,

and ensure they are used economically and efficiently. It is an offence to unlawfully destroy or damage

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property of Council or to misuse or allow anyone else to misuse Council assets. You must make sure

assets are secured against theft and properly stored, maintained and repaired.

You must ensure that you use Council assets only for official Council business, unless written approval

has been granted by your director. If you use Council vehicles or a Council issued mobile telephone for

non-official purposes, you must ensure that your use is in accordance with Council policy.

You must not store personal files on Council’s IT assets. Council monitors the use of the network and

systems, and may access stored data, usage or communications logs at its discretion.

Council allows limited personal use of electronic mail and World Wide Web browsing, subject to and in

accordance with Council Policy. Refer to MDG Information Technology and

MDG Information Security.

Upon your employment terminating with Council, you must return all Council property and work-related

documents immediately.

ii. Diligence, care and attention

Council aims to conduct its business with integrity, honesty and fairness and to achieve the highest

standards in service delivery. You contribute to this aim by carrying out your duties honestly, responsibly,

in a conscientious manner and to the best of your ability. This includes:

• maintaining punctuality and not being absent from your work station/location/job site during work

time without reason;

• advising and obtaining approval from your supervisor or manager if you need to leave your work

location or job site for any reason;

• advising and obtaining approval from your supervisor or manager prior to altering any work task or

instruction;

• giving priority to official duties over personal activities during work time;

• ensuring you do not undertake personal work during work time;

• not wasting time chatting about personal matters and interrupting other staff;

• helping Council achieve its mission and goals by acting to improve systems and practices;

• conducting yourself in a way so others gain confidence and trust in the way Council does business;

• not allowing your conduct to distract or prevent others from working;

• not exposing Council to a judgment for damages against it, as a result of your negligence or breach

of any law or policy.

If you are responsible for managing or supervising others, you must also ensure that:

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• you model the values and principles outlined in this Code of Conduct and ensure that employees

within your area of responsibility understand and comply with the Code of Conduct;

• you do not come under a financial obligation to any employee you supervise or manage;

• your work and the work of those you supervise contributes to the achievement of Council’s goals;

• employee performance is monitored and individuals are given constructive and regular feedback

on their performance in line with directives;

• where practicable, employees are given training opportunities to assist them in developing their

careers;

• employees are provided with information that is vital for effective work performance;

• the opinions of employees are respected and considered;

• workloads are fairly distributed;

• resourcing for a work team is neither excessive nor inadequate for the job;

• employees who collect, handle or disburse public money are properly supervised;

• employee work times, overtime, allowances and absences are correctly recorded on time sheets

and pay summary reports;

• appropriate action is taken if breaches of this Code of Conduct occur.

iii. Attendance at and absence from duty

Council employees are expected to follow Council employment and working arrangements, agreements

and rulings on attendance at work and leave. This includes not being absent without approval from work

or work location or job site and accurately and truthfully recording work and leave periods.

Absence without approval and without reasonable excuse can create concerns for your safety and lead to

unproductive time for others. All employees have an obligation to ensure that they promptly notify their

immediate supervisor or manager as soon as practicable upon becoming aware that they are going to be

absent from work or need to leave the worksite during work hours for any reason. Failure to promptly notify

Council may result in the non-payment of salary/wages for the period of absence and/or may result in

Council taking disciplinary action.

iv. Continuing development

All Local Government employees have an obligation to be proactive in the continual improvement of all

aspects of their work performance. You should aim to maintain and improve your work performance and

that of your work unit in the delivery of customer service. You have a continuing responsibility to maintain

and enhance your skills and expertise and keep up to date the knowledge associated with your area of

work.

Council will assist you by providing equitable access to training and development opportunities.

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v. Workplace health and safety

We are committed to zero harm in the way we conduct our business and Council activities. You must take

reasonable steps to ensure your own safety, health and welfare in the workplace. You also have a duty of

care to both fellow employees and members of the public. This duty of care extends to both psychological

and physical health and wellbeing.

While at work, you must:

take reasonable care for your own health and safety;

take reasonable care that your acts, or omissions, do not adversely affect the health and safety of

others;

comply, so far as you are reasonably able, with any reasonable instruction that is given; and

cooperate with any reasonable policy or procedure of the person conducting the business or

undertaking

relating to health or safety at the workplace that has been notified to employees.

You also have a duty to:

identify hazards and manage risks to health and safety;

immediately report any identified incidents or hazards to your direct supervisor or manager;

support any workplace investigations;

perform all work safely and follow safe work practices;

take corrective action to ‘make safe’ the workplace, or work activities and implement improvements;

participate in any education or training programs as directed; and

participate in rehabilitation and return to work programs if required.

For more information MDG Workplace Health and Safety.

vi. Drugs and alcohol

We must keep the workplace drug and alcohol free if we are to maintain the trust and confidence of

customers and the health and safety of all employees. The use of drugs or alcohol adversely affects on-

the-job safety, productivity and attendance.

You must not:

use, possess or be impaired by the effects of illegal drugs while on duty;

consume alcohol while on duty or in the workplace (except at an authorised social activity);

come to work impaired by the effects of alcohol or drugs;

gamble or bet on Council premises (except for authorised sweeps and tipping competitions);

smoke in Council buildings, offices or vehicles.

For more information refer to MDG – Drug and Alcohol Policy.

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4.11 Breaches of the Code of Conduct

All employees have a responsibility to comply with this Code of Conduct and all other policies which Council

implements and/or varies from time to time.

A breach of the Code of Conduct damages business, public and work relationships. Any act or lack of action

that contravenes this Code of Conduct may result in Council taking disciplinary action against the relevant

employee which may include, but is not limited to, termination of employment and/or engagement. All

suspected breaches will be dealt with on a case by case basis, in accordance with Council policies and

directives. Refer to Council’s MDG Performance and Misconduct Policy.

Suspected corrupt conduct must be referred to the CEO who has a duty to notify the Crime and Corruption

Commission.

If deemed appropriate, any employee suspected of a breach of this Code of Conduct may be suspended

from duty on full pay until such time as an investigation has been completed. An employee may be

suspended from duty, with or without pay:

• if there is suspected official misconduct;

• while an investigation is progressed;

• while charges are determined by the relevant court.

4.12 If you have a concern

In the first instance, you should contact your manager, director, CEO or People and Culture team. If you

are not satisfied with the Council’s response or action has not been taken within a reasonable timeframe,

you can contact an external agency such as the Crime and Corruption Commission or the Anti-

Discrimination Commission.

Where you honestly believe on reasonable grounds that you possess information about another Council

officer’s conduct that relates to:

• official misconduct; or

• maladministration that adversely affects a person’s interests; or

• a substantial misuse of public resources, other than an alleged misuse based on mere

disagreement over policy that may properly be adopted about amounts, purposes or priorities of

expenditure; or

• a substantial and specific danger to public health or safety; or

• a substantial and specific danger to the environment,

you have the right to make a Public Interest Disclosure to a proper authority subject to, and in accordance

with, the Public Interest Disclosure Act 2010. Refer also to Councils Policy Public Interest Disclosure and

MDG Public Interest Disclosure.

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4.13 Publication

In accordance with the requirements of section 20 of the Public Sector Ethics Act 1994, the CEO will

keep a printed copy of the Code of Conduct available for inspection in the Council office and Council

will publish the Code of Conduct on its Intranet site for all employees to access.

4.14 Training

In accordance with section 21 of the Public Service Ethics Act 1994, education and training about

public sector ethics will be offered at induction and as frequently as the CEO determines.

4.15 Authority

In accordance with Section 16 of the Public Sector Ethics Act 1994, the following consultation

process was followed in development of this Code of Conduct:

• Relevant union representatives;

• Executive management team.

This Code of Conduct was approved by the Chief Executive Officer in accordance with Section 17 of the

Public Sector Ethics Act 1994.

4.16 Further Assistance

If you read the Code of Conduct and are still unsure of how it applies to you, it is important that you

discuss this with your supervisor or manager. If you have concerns about approaching any of these

people, contact the next most senior person in your work area or the People and Culture Team.

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A GUIDE TO ETHICAL DECISION MAKING

The following guide is designed to help you reach an ethical decision based on the relevant facts and

circumstances of a situation.

Step 1: Assess the situation

What is your aim?

What are the facts and circumstances?

Does it break the law or go against Council policy?

Is it in line with the Code of Conduct’s principles?

What principles does it relate to? Why?

Who is affected? What rights do they have?

What are your obligations or responsibilities?

Step 2: Look at the situation from Council’s viewpoint

As a public official, what should you do?

What are the relevant laws, rules and guidelines?

Who else should you consult?

Step 3: How would others see your actions?

Would a reasonable person think you used your powers or position improperly?

Would the public see your action or decision as honest and impartial?

Do you face a conflict of interests?

Will your decision or action stand up to public scrutiny?

Step 4: Consider the options

Ask your supervisor/manager, or any person who is able to give sound, relevant advice.

What options and consequences are consistent with Council’s values, the five local government

principles, the four ethical principles and your obligations?

What are the costs and long-term consequences?

How would the public view each option?

What will be the outcome for Council, your colleagues, others and you?

Step 5: Choose your course of action

Make sure your actions are:

within your power to take, legal and in line with policy and this Code of Conduct;

fair and able to be justified to your manager and the public;

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documented so a statement of reasons can be supplied;

consistent with Council’s mission, goals and values; and

backed by advice from Council specialists, if this is appropriate.

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RELATED LEGISLATION, DIRECTIVES AND INFORMATION

Ethics Issue Legislation, Directives and Information

Values and Principles Public Sector Ethics Act 1994 (Qld); Local Government Act 2009 (Qld)

Non-Discriminatory

Workplace

MDG – Anti-Discrimination

Anti-Discrimination Act 1991 (Qld); Disability Discrimination Act 1992 (Cth); Racial

Discrimination Act 1975 (Cth); Sex Discrimination Act 1984 (Qld). And Age

Discrimination Act 2004.

Anti-Discrimination Commission Queensland

Workplace and Sexual

Harassment

MDG – Workplace Bullying

MDG – Prevention of Sexual Harassment

MDG – Grievance Handling Procedure for Employment Related Matters

Anti-Discrimination Act 1991 (Qld); Sex Discrimination Act 1984 (Qld); Work Health

and Safety Act 2011 (Qld); Work Health and Safety Regulation 2011 (Qld).

Contact Officers

Benefits, Gifts and Prizes MDG – Receipt of Gifts, Gratuities and Benefits

Advice given to Elected

Officials

MDG - Councillor Interaction with Staff Requests by Councillors for Assistance or

Information

Public comments on

Council business

Policy Media and Communications Policy

External activities MDG-009 Use of Social Media

Procurement of Goods

and Services

Policy Procurement Policy and Procurement Procedure

Acting within the law Local Laws Register

Corrupt Conduct Policy Fraud and Corruption Control Policy

Acting in accordance with

delegations

Policy Delegated Power and Authorisations

Information Privacy

Principles

Policy Information Privacy & Confidentiality

Information Privacy Act 2009 (Qld)

Privacy Act 1988 (Cth)

Right to Information Policy Right to Information

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Ethics Issue Legislation, Directives and Information

Right to Information Act 2009 (Qld)

Using Council Assets MDG – Information Technology

MDG – Information Security

Workplace Health and

Safety

MDG – Workplace Health and Safety

Work Health and Safety Act 2011 (Qld)

Drugs and Alcohol MDG – Drug and Alcohol Policy

Breaches of this Code of

Conduct

MDG – Performance and Misconduct Policy

Public Interest Disclosure Policy Public Interest Disclosure

MDG – Public Interest Disclosure

Public Interest Disclosure Act 2010 (Qld)