Conduct guide - Public Sector Commission - The Western Australian ...

GOVERNMENT OF 

WESTERN AUSTRALIA 

Conduct guide

Enquiries: 

Public Sector Commission 

Dumas House, 2 Havelock Street, West Perth 6005 

Locked Bag 3002, West Perth WA 6872 

Telephone: (08) 6552 8888 Fax: (08) 6552 8710 

Email: admin@psc.wa.gov.au 

Website: www.publicsector.wa.gov.au 

© State of Western Australia 2012 

There is no objection to this publication being copied in whole or part, provided there is due acknowledgement of any 

material quoted or reproduced from the publication. Published by the Public Sector Commission (Western Australia), 

July 2012. Copies of this publication are available on the Public Sector Commission website at www.publicsector.wa.gov.au. 

Disclaimer 

The Western Australian Government is committed to quality service to its customers and makes every attempt to ensure 

accuracy, currency and reliability of the data contained in these documents. However, changes in circumstances after time 

of publication may impact the quality of this information. Confirmation of the information may be sought from originating 

bodies or departments providing the information. 

Accessibility 

Copies of this document are available in alternative formats upon request. 

2 

Section Heading 


Introduction 

To ensure the community and government have confidence in the public sector, employees 

must act—and be seen to act—with integrity. 

Each public sector body’s code of conduct communicates the expected standards of 

conduct and integrity to employees. The Public Sector Management Act 1994 s9(a)(iii) 

requires public sector bodies and their employees to comply with the provisions of any 

code of conduct applicable to the public sector body or employee concerned. 

Purpose 

To assist public sector integrity the Commissioner has issued a Commissioner’s Instruction 

No. 8 – Codes of Conduct and Integrity Training (Instruction 8). This instruction requires all 

public sector bodies to develop, implement and promote a code of conduct and ensure 

compliance with that code. 

This guide is a resource that will assist public sector bodies to develop or review their 

codes. The guide does not replace the need for a public sector body to identify and 

incorporate their own legislative and conduct and integrity requirements. 

Structure 

Areas of conduct 

In accordance with Instruction 8 all codes of conduct must address seven areas. Public 

sector bodies can choose how to write and present their code in consideration of these 

areas. Codes of conduct are also to be consistent with the principles of the 

Code of Ethics established by the Public Sector Commissioner. 

The seven areas are: 

a) personal behaviour 

b) communication and official information 

c) fraudulent and corrupt behaviour 

d) use of public resources 

e) record keeping and use of information 

f) conflicts of interest and gifts and benefits 

g) reporting suspected breaches of the code. 

Conduct guide Introduction 3

Section one 

Describes the types of issues and conduct expectations a public sector body’s code of 

conduct can include and discusses what policies and activities may support a public sector 

body’s code. When developing or reviewing a code of conduct public sector bodies should 

check the specific provisions of any applicable legislation to make sure their code reflects 

the objectives intended by Parliament. 

Public sector bodies also need to ensure they identify and address the risks associated 

with their work when setting their code of conduct. 

Section two 

Codes of conduct should take into account the mandatory requirements that are common 

across the sector. These include, but are not limited to: Legislation, Commissioner’s 

Instructions, Premier’s Circulars, Public Sector Commissioner’s Circulars and Treasurer’s 

Instructions. 

4 

Introduction 


A 

Personal behaviour 

Section one 

Issues and conduct expectations which should be addressed 

in codes of conduct 

• Act honestly and with integrity in the performance of duties 

• Not engage in harassment, bullying or discrimination against colleagues or members of 

the public 

• Maintain and contribute to a safe and productive work environment 

• Treat members of the public and colleagues with respect, courtesy, honesty and 

fairness, having proper regard for their interests, rights, safety and welfare 

• Make decisions fairly, impartially and promptly, and consider all available information, 

legislation, policies and procedures 

• Serve the government of the day professionally and impartially and provide timely, wellconsidered 

information and policy advice 

• Consequences of misconduct and actions which may be taken if the code and or 

associated policies are not complied with. 

Conduct guide Personal behaviour 5

Policies and activities 

Policies and activities that support a public sector body’s standards of conduct and integrity. 

• Policies covering: 

–– 

equal opportunity and diversity and the prevention of discrimination and 

harassment 

–– 

occupational health and safety 

–– 

police clearance and working with children checks where appropriate, including 

what may occur if an employee commits a criminal offence during employment 

–– 

the need to notify the employing authority where essential job requirements are 

at risk, which may include suspension of or change to professional registration, 

accreditation, licence or qualifications 

–– 

customer service, which may include a customer service charter and 

information on response times and how to manage difficult customers 

–– 

the receipt and management of customer complaints 

• Job description forms/role statements which outline the public sector body values and 

conduct expectations 

• Establishing systems to monitor compliance with the code of conduct and associated 

policies, for example audit and reporting systems. 

6 



Section two 

Legislation 

• Public sector body’s enabling legislation (if any) 

• Public Sector Management Act 1994 (PSM Act) 

–– 

Section 7: Public administration and management principles 

–– 

Section 8: Human resource management principles 

–– 

Section 9: Principles of conduct by public sector bodies 

• Corruption and Crime Commission Act 2003 

• Criminal Code 

–– 

Chapter XIII: Corruption and Abuse of Office 

• Financial Management Act 2006 

• Equal Opportunity Act 1984 

• Occupational Safety and Health Act 1984 

• Industrial Relations Act 1979 

• Working with Children (Criminal Record Checking) Act 2004 

Across government requirements 

• Code of Practice: occupational safety and health in the Western Australian 

public sector (Public Sector Commissioner’s Circular 2009-11) 

Promotes strategies to help CEOs, managers and employees improve the work 

environment and ensure compliance with the Occupational Safety and Health Act 1984. 

• Coordination of public sector labour relations (Premier’s Circular 2009/01) 

Comply with the coordination framework for labour relations, including circulars 

issued by the Department of Commerce available at www.commerce.wa.gov.au/ 

LabourRelations. 

• State Government access guidelines for information, services and facilities 

(Premier’s Circular 2003/08) 

Public sector bodies to fulfil social and legislative responsibilities by ensuring service 

accessibility by all customers, including people with disabilities. 

• Whole of government complaints management strategy (Public Sector 

Commissioner’s Circular 2009-27) 

Public sector bodies’ complaints management systems must conform to Australian 

Standard 4269. 

Conduct guide Personal behaviour 7

• Workforce planning and diversity in the public sector (Public Sector 

Commissioner’s Circular – 2011-02) 

Public sector bodies are required to prepare and implement an Equal Employment 

Opportunity Management Plan. 

• Implementation of the policy framework for substantive equality (Public Sector 

Commissioner’s Circular 2009-23) 

Aims to eliminate racial discrimination in public sector services and promote sensitivity 

to different client groups. 

• Codes of conduct and integrity training (Commissioner’s Instruction No. 8) 

Requires all public sector bodies to have a code of conduct and ensure Accountable 

and Ethical Decision Making Training is provided to employees. 

• Code of Ethics (Commissioner’s Instruction No. 7) 

Outlines the minimum standards of conduct and integrity to be complied with by all 

public sector bodies and employees. 

• Public sector standards in human resource management 

(www.publicsector.wa.gov.au/document/standards-human-resource-management) 

8 



B 

Communication and 

official information 

Section one 



• 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 

• Not to misuse official information for personal gain or commercial gain for themselves or 

others. 



• Official communication, including identifying who is authorised to make comment on 

behalf of the public sector body to the media or outside organisations 

• The use of social media in an official capacity 

• How and when information may be released, including public access to documents 

where appropriate, Freedom of Information and making general information available 

through the public sector body’s website 

• Protection of intellectual property, using and granting permission to use intellectual 

property 

• Customer privacy and security of personal information 

• Establishing systems to monitor compliance with the code and associated policies, for 

example, audit and reporting processes. 

Conduct guide Communication and official information 9

Section two 

Legislation 

Public sector body’s enabling legislation (if any) 



–– 

Chapter XII Disclosing official secrets 

·· 

Section 81: Disclosing official secrets 

–– 


• Public Sector Management Act 1994 

–– 

Section 8(2): Human resource management principles - For certain matters the 

department or organisation is not subject to the direction of a Minister 

–– 

Section 9: Principles of conduct by public sector bodies – Act with integrity in 

the performance of official duties and are to be scrupulous in the use of official 

information, equipment and facilities 

–– 

Section 74: Relationship between ministerial officers etc. and employees of 

departments 

• Public Service Regulations 1988 

–– 

Regulation 8: Public Comment 


–– 

Section 81: Actions etc. inhibiting etc. Minister’s parliamentary functions 

prohibited 

• Freedom of Information Act 1992 

• State Records Act 2000 

10 

Communication and official information 



• Communication arrangements between Ministers and agencies 

(Public Sector Commissioner’s Circular 2009-10) 

Section 74 of the PSM Act outlines Ministers’ responsibilities for how communications 

are made between ministerial staff and employees. 

• Contact with lobbyists and register of lobbyists 


Lobbying is only permitted by those listed in the lobbyist register. 

• Information for Ministers, Ministerial staff and public sector employees called 

as witnessesbefore the Corruption and Crime Commission 


Guidelines for reimbursement of legal costs incurred by eligible witnesses, where 

appropriate. 

• Government intellectual property (Public Sector Commissioner’s Circular 2009-30) 

Outlines protection, management, use and commercialisation of intellectual property. 

• Guidelines for dealing with Cabinet documents under the Freedom of 

Information Act 1992 (Premier’s Circular 2003/09) 

• Official information (Administrative Instruction 711) 

An officer shall not, except in the course of the officer’s official duty and with the express 

permission of the chief executive officer, disclose certain information. 

• Official communications (Administrative Instruction 102) 

Unless in the course of official duties or with the express permission of the chief 

executive officer, an officer shall not communicate with a Minster of the Crown, the 

Commissioner or with the chief executive officer of another department; and covers 

requests for information from Ministers administering a department. 

• Media and public communications (Administrative Instructions 728) 

Chief executive officers will determine which officers shall be authorised to make public 

comments. Instruction explains how public comment is made by authorised officers. 

Conduct guide Communication and official information 11

C 

Fraudulent and 

corrupt behaviour 

Section one 



• Not engage in fraud and corruption. Fraud is a dishonest activity that causes actual or 

potential financial loss to any person or public sector body. Corrupt conduct occurs 

when an employee uses or attempts to use their position for personal advantage. 



• Risk management plans 

• Developing corruption resistance policies and codes of conduct in consideration of the 

Integrity Coordinating Group’s products 

• Clear employee reporting mechanisms (see the ‘Reporting suspected breaches of the 

code’ section of this guide for more information) 



12 

Conduct guide 

Fraudulent and corrupt behaviour

Section two 

Legislation 



–– 

Section 9: Principles of conduct by public sector bodies – Act with integrity in 

the performance of official duties and are to be scrupulous in the use of official 

information, equipment and facilities 


–– 

Section 4: Misconduct 



–– 


• Treasurer’s Instructions 

• State Records Act 2000 (Record Keeping Plan) 

• Statutory Corporations (Liability of Directors) Act 1996 

• Public Interest Disclosure Act 2003 


• Risk management and security (Treasurer’s Instruction – 825) 

Public sector bodies should safeguard assets from misuse and loss due to theft or 

damage. 

• Code of Ethics (Commissioner’s Instruction No. 7) 

Outlines the minimum standards of conduct and integrity to be complied with by all 

public sector bodies and employees. 



and Ethical Decision Making Training is provided to employees. 

Fraudulent and corrupt behaviour 


13

D 

Use of public resources 

Section one 



• Obligation to be accountable for expenditure. This may include the use of public money 

for hospitality and travel 

• Use the resources of the state with diligence and efficiency, including office facilities and 

equipment, vehicles and cab charge vouchers 

• Not use public resources for party political work or for private financial gain 

• Follow legislation and procurement policies to engage contractors and suppliers 

• Purchase goods and services following the public sector body’s and government 

policies. 



• Policies covering: 

–– 

use of corporate credit cards 

–– 

when resources are not to be used (e.g. for private business or political work) 

–– 

any permitted private use of, for example, office phones, Internet - is to be 

limited and not interfere with work 



14 


Use of public resources

Section two 

Legislation 



–– 


–– 

Section 9: Acting with integrity when performing official duties, being scrupulous 

in the use of official information, equipment and facilities 


• State Supply Commission Act 1991 


–– 


• Industrial Awards and Agreements (for example, living away from home allowance, meal 

and travel allowances) 


–– 



• Guidelines for official travel (Premier’s Circular 2009/04) 

Guidance for official air travel arrangements, includes information regarding frequent 

flyer programs. 

• Guidelines for expenditure on official hospitality 


Establishes criteria for accountability of expenditure, defines official hospitality, working 

meals and outlines hospitality principles. 

• Department of Commerce Circular to Departments and Authorities: No 1 of 

2005 Policies on Payment of Overseas Travel 

www.commerce.wa.gov.au/LabourRelations 

• Eligibility of government officers for payment of fees for government boards 

and committees (Premier’s Circular 2010/02) 

Outlines payment of fees to government officers. 

• Government advertising and communications policy 


Campaign and non-campaign advertising. 



15

• Office accommodation policies and the Government Office Accommodation 

Working Group (Public Sector Commissioner’s Circular 2009-17) 

Guide to procurement and management of government office accommodation. 

• Custody of public property (Treasurer’s Instructions – 406) 

Describes asset register requirements. 

• Motor vehicles (Treasurer’s Instructions – 411) 

Describes use of government vehicles and record-keeping requirements. 

• Purchasing cards (Treasurer’s Instruction – 321) 

Describes credit card use. 

• Government fleet policy and guidelines www.treasury.wa.gov.au 

• State Supply Commission Procurement Policies including Buy Local – Value for 

Money (www.ssc.wa.gov.au) 

• Whole of Government Contracts WA (www.contractswa.finance.wa.gov.au) 

16 


Use of public resources

E 

Record keeping and 

use of information 

Section one 



• Record actions and decisions to ensure transparency 

• Ensure the secure storage of sensitive or confidential information 

• How and when information may be released 

• Ensure personal information is accurate, complete, up to date and not misleading. 



• Record keeping plan 

• A policy outlining how records are to be kept and the requirements for removing files 

from the office; for example, working from home or using electronic devices 

• A policy that ensures the secure and proper disposal of government documents and 

hard drives 

• Release of information policies (may include freedom of information) 



Conduct guide Record keeping and use of information 17

Section two 

Legislation 


• State Records Act 2000 

–– 

Record Keeping Plans 


–– 


• Public Sector Management (General) Regulations 1994 

–– 

Personnel records prescribed 

• Western Australian Industrial Relations Act 1979 

–– 

Section 49(d): Keeping of employment records 

• Freedom of Information Act 1992 


• State Supply Commission Act 1991 

• Library Board of Western Australia Act 1951 



–– 

Chapter XIII Section 81: Falsification of records 


• Policy framework and standards for information sharing between government 

Agencies (Public Sector Commissioner’s Circular 2009-29) 

Facilitates the structures for sharing of information. 

• Requirements for Western Australian Government publications and library 

collections (Premier’s Circular 2003/17) 

Outlines requirements to lodge publications with state and national libraries. 

• Employment records (Treasurer’s Instructions – 501) 

Employment record maintenance. 

• Record of attendance and time worked – maintenance of employee attendance 

records (Treasurer’s Instruction – 502) 

18 

Record keeping and use of information 


F 

Conflicts of interest and 

gifts and benefits 

Section one 



• Responsibility to identify, declare and manage conflicts of interest in the public interest. 

Conflicts of interest arise where there is a conflict between the performance of public 

duty and private or personal interests. Conflicts may involve personal, financial or 

political interests and may be perceived, potential or actual 

• Conflict situations may result from the holding of shares, business interests, secondary 

employment, family relationships, private affiliations, sponsorship and the receipt of gifts 

and benefits 

• What gifts and benefits, if any, can be received and the requirement to report/register 

the receipt of gifts and benefits. 

Conduct guide Conflicts of interest and gifts and benefits 19



• Procedures for identifying, declaring and managing conflicts of interest (perceived, 

potential or actual). These should include examples specific to the public sector body, 

for example, relationships with contractors and include what action is required to 

manage a conflict 

• Policies about the receipt of and the offering of gifts and benefits. Polices should 

include whether gifts can be accepted at all and when it is not appropriate to accept 

gifts. Policies should also outline what gifts can never be accepted, for example, cash 

or gifts easily converted to cash. If gifts and benefits can be received policies should 

ensure gifts are of a token nature only and it is clear they are property of the public 

sector body not the employee 

• Policies about conflicts of interest and the receipt of and offering of gifts and 

benefits should reference any legislation which prohibits decision making in certain 

circumstances 

• A register to record all gifts and benefits received by employees or given by employees, 

public sector bodies may also wish to record gifts offered 

• Guidelines to provide to tenderers and contractors to inform them about the public 

sector body’s gifts and benefits policy and code of conduct 

• Policies about public sector employees nominated as candidates for state and federal 

election 

• Secondary employment policies and approval processes 


example, audit and reporting processes 

• Monitoring gift registers to identify areas of risk or emerging trends within a public 

sector body. 

20 

Conflicts of interest and gifts and benefits 


Section two 

Legislation 



–– 

Section 102: Employees not to be employed outside Government etc. without 

permission 

• Electoral Act 1907 

• Electoral Regulations 1996 

–– 

Section 28(3): Public employees standing for election 

• Australian Constitution 

–– 

Section 44: Disqualification, officers of the crown standing for federal elections 



–– 




–– 


·· 

Section 82: Bribery of a public officer 

·· 

Section 83: Corruption 

·· 

Section 88: Bargaining for public office 


• Integrity Coordinating Group Conflict of Interest Guidelines 



and Ethical Decision Making Training is provided to their employees. 

• Contact with lobbyists and register of lobbyists (Public Sector Commissioner’s 

Circular 2009-13) 

Lobbying is only permitted by those listed in the lobbyist register. 

• Account for public money, statutory authority money and other money (money 

held in trust) www.treasury.wa.gov.au 

Money received by a public sector body that may be categorised as general money is 

to be accounted for. 

Conduct guide Conflicts of interest and gifts and benefits 21

G 

Reporting suspected 

breaches of the code 

Section one 



• Code includes an expectation that suspected breaches will be reported 



• Develop a reporting framework that includes: 

–– 

how reports of potential breaches of the code can be made 

–– 

expectations about the type of information that may be reported 

–– 

rights and responsibilities of those reporting 

–– 

who can receive reports of suspected breaches of the code within the public 

sector body. These could include internal standards or integrity branches, a 

confidential ethics line, line managers, human resource officers and the public 

sector body’s Public Interest Disclosure (PID) Officer 

–– 

ensuring those identified to receive a report understand their obligations when 

they receive reports and have the skills to appropriately deal with or refer 

matters 

–– 

promoting reporting avenues to employees to ensure they know how to report 

suspected breaches of the code of conduct 

–– 

support that is available to employees who report instances of suspected 

breaches of the code. 

22 


Reporting suspected breaches of the code

Section two 

Legislation 



–– 

Section 9(a): Comply with the provisions of any code of conduct applicable to 

the public sector body or employee concerned 


–– 

Part 3 - Misconduct Section 25: Any person may report misconduct 

–– 

Part 3 - Misconduct Section 28: Certain officers obliged to notify misconduct 

• Occupational Safety and Health Act 1984 



• Codes of conduct and integrity training (Commissioner’s Instruction No 8) 

Requires all public sector bodies to have a code of conduct, all codes must address 

seven areas including reporting suspected breaches of the code. 

• Code of Practice: Occupational Safety and Health in the Western Australian 

public sector (Public Sector Commissioner’s Circular 2009-11) 

• Obligation to report shortages and surpluses of money 

(Treasurer’s Instruction 803) 

Reporting suspected breaches of the code 


23

Other resources 


• The Commission for Occupational Safety and Health Western Australia 

www.commerce.wa.gov.au publishes a Code of Practice on the prevention and 

management of workplace bullying available at www.commerce.wa.gov.au/worksafe/ 

PDF/Codes_of_Practice/Code_violence.pdf and a Guidance Note on dealing with 

bullying at 

www.commerce.wa.gov.au/worksafe/PDF/Guidance_notes/Dealing with bullying.pdf 

• To help develop recruitment policies which prevent discrimination refer to the Public 

Sector Commission’s website (www.publicsector.wa.gov.au) or the Equal Opportunity 

Commission’s publication ‘Are You Getting it Right’ 

www.eoc.wa.gov.au/Publications 

• State Government Access Guidelines for Information Services and Facilities available 

from the Disability Services Commission at www.disability.wa.gov.au 

• Information on the working with children check and legislation at 

www.checkwwc.wa.gov.au 

• Information on political impartiality is available from www.publicsector.wa.gov.au/icg 

• Integrity in decision making www.publicsector.wa.gov.au/icg 

• Information on raising and handling a complaint is available from 

www.ombudsman.wa.gov.au 

Communication and official information 

• Office of the Information Commissioner’s website www.foi.wa.gov.au 

• Information on cabinet confidentiality is available from www.dpc.wa.gov.au 

24 


Other resources

Fraudulent and corrupt behaviour 

• Australian Standard Fraud and Corruption Control AS 8001 can be purchased at 

www.standards.com.au 

• Australia/New Zealand Standard on risk management AS/NZS 4360 

www.riskmanagement.com.au 

• Corruption and Crime Commission’s publications www.ccc.wa.gov.au 

• Public Interest Disclosures www.publicsector.wa.gov.au 


• Western Australian Financial Administration Bookcase - includes Financial Management 

Act 2006, Treasurer’s Instructions, Accounting Policy Guidelines and more at 

www.treasury.wa.gov.au 

• State Supply Commission Policies at www.ssc.wa.gov.au 

• Government Procurement – Common Use Agreements at www.finance.wa.gov.au 

• Public Sector Commission Guidelines to assist public sector bodies in developing email, 

social media and/or internet use policies www.publicsector.wa.gov.au 

Record keeping and use of information 

• State Records Office website www.sro.wa.gov.au 

• Office of the Information Commissioner’s website www.foi.wa.gov.au 

• Information on Good Record Keeping is available from www.ombudsman.wa.gov.au 

• Auditor General reports and publications are available from www.audit.wa.gov.au 

Conflicts of interest and gifts and benefits 

• Integrity Coordinating Group Conflict of Interest Guidelines at 

www.publicsector.wa.gov.au/icg 

• Auditor General reports and publications are available from www.audit.wa.gov.au 

• State Services Authority of Victoria for gifts and benefits information 

www.ssa.vic.gov.au 

• Crime and Misconduct Commission of Queensland for gifts and benefits information 

www.cmc.qld.gov.au 

Other resources 


25

Reporting a suspected breach of the code 

• Whistling While They Work: a good practice guide for managing internal reporting of 

wrongdoing in public sector organisations http://epress.anu.edu.au?p=144611 

• Crime and Misconduct Commission of Queensland www.cmc.qld.gov.au 

Circulars and instructions 

• Public Sector Commissioner’s Instructions and Circulars at 

www.publicsector.wa.gov.au 

• Administrative Instructions at www.publicsector.wa.gov.au/publications-resources/ 

instructions-standards-and-circulars/administrative-instructions 

• Department of Commerce Circulars at www.commerce.wa.gov.au/LabourRelations/ 

PDF/Circulars/circulars.htm 

• Premier’s Circulars at www.dpc.wa.gov.au/GuidelinesAndPolicies/PremiersCirculars/ 

Pages/Default.aspx 

• Treasurer’s Instructions – Financial Administration Bookcase at 

www.treasury.wa.gov.au 

26 


Other resources

Conduct guide - Public Sector Commission - The Western Australian ...

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?