code of ethics south australian public sector public sector act, 2009

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CODE OF ETHICS South Australian Public Sector Public Sector Act, 2009

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CODE OF ETHICSSouth Australian Public Sector

Public Sector Act, 2009

Code of Ethics Implementation:

Purpose:

• To familiarise DECD staff with the Code of Ethics• To highlight the key aspects of the Code of Ethics• To provide a resource and resource links to support DECD

employees

Public Sector Act 2009

Key points:

Establishes a set of principles for:• Highest standards of ethical conduct to enable good

government in SA.

Code of Ethics is the Code of Conduct

Objectives of The Code of Ethics:

Objective #1

• To guide and support public sector employees in all of their professional activities.

• To support the idea of a common employment framework and a unified public sector.

Objectives of The Code of Ethics:

Objective #2

• To strengthen public confidence in the public sector.• To ensure a sense of trust between the public sector and the

South Australian community.

Objectives of The Code of Ethics:

Objective #3

• To earn respect from citizens, government and employees for the public sector as an institution which is critical to good government in South Australia.

• To ensure professionalism in the South Australian Public Sector.

Objectives of The Code of Ethics:

Objective #4

• To set out the standards of professional conduct expected of every public sector employee.

• To support an employment framework based on broad employment principles rather than rules, regulations and procedures.

What does the Code of Ethics apply to?

This code applies to and is binding on all public sector employees including all DECD employees

• Children’s Services Act• Education Act• Public Sector Act• Common LawAnd• Contracted workers

Including those employed under the:

Who does the Code of Ethics apply to?It applies regardless of the:

• nature or level of employment• employment status (e.g. ongoing, term, casual, traineeship,

apprenticeship)• nature of the public sector organisation (e.g. administrative

unit, attached office, public corporation, statutory authority, public hospitals, schools, etc).

EVERYONE!

Values − The Foundation of Ethical Behaviour

The Code of Ethics values are:• Democratic values• Service, respect and courtesy• Honesty and integrity• Accountability• Professional Conduct Standards

The values are the foundation of ethical behaviour in the public sector.

Values − The Foundation of Ethical Behaviour

Democratic values:• serving the government of the day• maintaining political neutrality• administering and complying with rules and regulations• assisting the public to access public information.

Values − The Foundation of Ethical Behaviour

Service, respect and courtesy:• duty to provide quality services to citizens• respect for the value and human dignity of all• acting impartially, fairly and equitably with respect for

citizens’ rights• responding to changing needs through teamwork, innovation

and creativity.

Values − The Foundation of Ethical Behaviour

Honesty and integrity:• acting honestly in every aspect of work• ensuring transparency and acting impartially when making

decisions or providing advice• acting fairly and equitably towards all by basing actions on

consideration of all relevant issues• ensuring that decisions are made and actions taken in the

public interest.

Values − The Foundation of Ethical Behaviour

Accountability:• accountability to Minister for Education and the Minister for Early

Childhood Development for the exercise of delegated authority• upholding principle of independence from Ministerial or agency

influence when required to do so by legislation• to act in the letter and spirit of the law• for the achievement of results whether working in teams or

individually in a system of performance management• working towards clear objectives issued by the government for

DECD.

Professional Conduct Standards −exhibiting the highest standards of professional conduct

The Professional Conduct Standards are the disciplinary provisions of the Code of Ethics for the purposes of the Public Sector Act 2009

For Education Act employees disciplinary provisions are set out in the Education Act 1992

Professional Conduct Standards −exhibiting the highest standards of professional conduct

• professional and courteous behaviour• public comment• official information• use of govt/public resources• conflicts of interest• outside employment• acceptance of gifts and benefits• criminal behaviour• reporting unethical behaviour

Professional Conduct Standards −exhibiting the highest standards of professional conduct

• Acting at all times in a reputable manner.• Compliance with lawful and reasonable direction.• Treating others with respect and courtesy.• Having appropriate reasons for absence.• Diligence in the discharge of role and duties.

Professional and Courteous Behaviour

Professional Conduct Standards −exhibiting the highest standards of professional conduct

• Requiring specific authority when commenting in an official capacity.

• Awareness of the range of media (electronic and print) as well as internet and speaking engagements in regard to providing information or comment.

• Able to comment in private capacity except in certain circumstances refer Section 15 (2) Public Sector Act 2009.

Public Comment

Professional Conduct Standards −exhibiting the highest standards of professional conduct

• Treat information confidentially.• Not disclose official information unless authorised.• Avoid the potential misuse of information.• Maintain the integrity and security of information.• Ensure the privacy of individuals.

Handling Official Information

Professional Conduct Standards −exhibiting the highest standards of professional conduct

• Efficient and appropriate use of work resources and equipment.

• Understand that resources include physical, financial, technological and intellectual property.

• Recognise that DECD, as the employer, retains ownership of these resources.

Use of Government/Public Resources

Professional Conduct Standards −exhibiting the highest standards of professional conduct

• Employee actions will be impartial and without prejudice.• Recognise that a conflict of interest can be actual or

potential.• Ensure personal or financial interests do not influence or

interfere in role.• Disclose in writing any actual or potential conflicts of interest.

Conflicts of Interest

Professional Conduct Standards −exhibiting the highest standards of professional conduct

• Employees must not engage in other employment where there is conflict with their role or where outside employment affects, or has potential to affect, performance.

• Written permission is required before engaging in outside employment or remunerative activity.

• Permission is not required for voluntary activities unless there is an actual or potential conflict of interest.

• On leaving the public sector avoid situations which would result in unfair advantage for a new employer.

Outside Employment

Professional Conduct Standards −exhibiting the highest standards of professional conduct

• An expectation of Public Sector impartiality.• To not seek or accept gifts or benefits which may influence

your work/decisions.• Non-pecuniary gifts or mementoes may be accepted.• Comply with relevant DECD policies.

Acceptance of Gifts and Benefits

Professional Conduct Standards −exhibiting the highest standards of professional conduct

• The necessity to advise manager if charged with a criminal offence at earliest opportunity.

• Compliance with all relevant legislation in regard to role as a public sector employee and performance of duties.

Criminal Offences

Professional Conduct Standards −exhibiting the highest standards of professional conduct

• The expectations on employees to comply with legislation, policies, lawful and reasonable direction in the performance of their duties.

• The requirement to report unethical behaviour which amounts to misconduct.

• Agencies are required to inform employees of their rights and responsibilities under Whistleblowers Protection Act 1993.

Reporting Unethical Behaviour

What is the responsibility of Public Sector employees?

• Familiarise themselves with the Code of Ethics.• Conduct themselves in a manner consistent with the values,

behavioural principles and standards of professional conduct.• Recognise that the Code of Ethics is an embodiment of the

ethos of the public sector community.• Take ownership of the Code of Ethics.• Shape the future development of the Code of Ethics.

Further information and advice:ECU – Ethical Conduct Unit

Phone: 8226 1342Fax: 8226 2100 Website: use this link to access Code of Ethics http://www.decs.sa.gov.au/HR1/pages/default/CodeOfEthics/ Email: decd:[email protected]