Conduct Guide for Boards and Committees: Supporting Information

GOVERNMENT OF 

WESTERN AUSTRALIA 

Conduct Guide for 

Boards and Committees 

Supporting Information 

excellence professionalism 

collegiality 

integrity 

innovation respect

Contacts 

Office location: 

Governor Stirling Tower 

197 St Georges Terrace 

Perth WA 6000 

Postal address: Locked Bag 13 

Cloisters Square 

Perth WA 6850 

Telephone: (08) 9219 6000 

Facsimile: (08) 9219 6001 

Toll free: 1800 676 607 

Internet: 

Email: 

www.publicsector.wa.gov.au 

admin@psc.wa.gov.au 

Availability in other formats 

If you have a disability you can request this publication in an alternative format. 

People who have a hearing or speech impairment may call the ACE National Relay Service on 

133 677 and quote telephone number (08) 9219 6000. 

The document is available in PDF format at www.publicsector.wa.gov.au 

Published by the Public Sector Commission 

December 2010 

2 Public Sector Commission

Acknowledgements 

This supporting information for developing a code of conduct for government boards and 

committees draws on the collective knowledge and experience of many people and organisations. 

We acknowledge in particular the Principles of Good Corporate Governance for Western 

Australian Public Sector Boards and Committees and the associated supporting guidelines and 

application aids produced by the Public Sector Commission. 

Conduct Guide for Boards and Committees - Supporting Information 

i

Contents 

How to use this supporting information 1 

The Western Australian Public Sector Code of Ethics 2 

Scope of the Western Australian Public Sector Code of Ethics 2 

Why have a code of conduct for boards and committees 3 

The Conduct Guide for Boards and Committees 4 

Categories of conduct - Sample of issues for inclusion 5 

Personal behaviour 5 

Communication and official information 8 

Fraudulent and corrupt behaviour 10 

Use of public resources 12 

Record keeping and use of information 18 

Conflicts of interest 21 

Other considerations for inclusion 23 

Public sector employees on boards or committees 23 

Where to get support when issues arise 23 

Compliance with the Western Australian Public Sector Code of Ethics and codes of conduct 24 

Taking action in response to the code 25 

Other resources 26 

ii 

Public Sector Commission

How to use this supporting information 

You should use this supporting information in conjunction with the Conduct Guide for Boards and 

Committees. The aim is to promote good practice by providing you with information about what 

types of issues should be included within a code of conduct for Western Australian public sector 

boards and committees. It is by no means exhaustive. When developing a code of conduct, 

those responsible (for most boards, this will be the executive officer) should check their enabling 

legislation to ensure that this includes specific legislative roles and obligations of their board. 

In this document, “member” means a board or committee member duly appointed by the 

Governor, a minister or other relevant authority. The term “board” also includes committees. The 

term “executive officer” includes officers who provide a secretariat function for the board. The 

term “officer” means a person who is part of the public sector as defined in section 3 of the Public 

Sector Management Act 1994 (PSM Act). 

These guidance notes take into account the Western Australian Public Sector Code of Ethics 

(Code of Ethics), applicable under the PSM Act to public sector bodies. These include boards 

created for a public purpose under Western Australian legislation. Accordingly, boards and 

committees created for a public purpose must observe and comply with the Code of Ethics. 

While it is not mandatory under the PSM Act for boards and committees to have their own code of 

conduct, they are strongly encouraged to do so. Commissioner’s Circular 2009/08 – Requirement 

for all public sector agencies to develop codes of conduct makes the point that a code of 

conduct is an effective and positive way to highlight to all members their public duties and legal 

responsibilities. Whether you choose to develop your own code of conduct using the conduct 

guide and supporting information, or modify an existing code, it will be binding on all members. 

In this supporting information, some comments are intended to provoke thought and consideration. 

These may not necessarily form part of a completed code of conduct for your board. In other parts 

you may consider example statements when developing a code if they suit the circumstances and 

particular needs of your board or committee. 

If you have any further enquiries about creating your own code, please contact a consultant at the 

Public Sector Commission (PSC). You may also find it useful to use these notes in conjunction 

with the Principles of Good Corporate Governance for Western Australian Public Sector Boards 

and Committees, available from the PSC website. 

Conduct Guide for Boards and Committees - Supporting Information 1

The Western Australian Public Sector Code of Ethics 

The standards of conduct and integrity for all public sector employees are expressed in the 

following principles. 

Personal integrity 

We act with care and diligence and make decisions that are honest, fair, impartial, and timely, and 

consider all relevant information. 

Relationships with others 

We treat people with respect, courtesy and sensitivity and recognise their interests, rights, safety 

and welfare. 

Accountability 

We use the resources of the state in a responsible and accountable manner which ensures 

the efficient, effective and appropriate use of human, natural, financial and physical resources, 

property and information. 

Scope of the Western Australian Public Sector Code of Ethics 

The Code of Ethics applies to all public sector employees. This includes CEOs, chief employees 

and ministerial staff, and public sector bodies covered by the PSM Act, including boards and 

committees established under their own legislation. 

The PSM Act will apply where that board or committee is established or continued for a public 

purpose under a written law. Members of government boards and committees are subject to a 

range of statutory and legal obligations. Board members must become familiar with their legal 

duties and responsibilities. 

The Public Sector Commissioner has a responsibility to monitor the compliance of public sector 

bodies (including boards and committees) with the general principles of official conduct, the 

Western Australian Public Sector Code of Ethics and codes of conduct adopted by these bodies. 


Why have a code of conduct for boards and committees 

People from all over Western Australia serve on government and public sector boards, often as 

volunteers. An appointment to a board carries with it responsibilities and obligations. Ignorance 

about those responsibilities can damage both the individual and the organisation they serve. 

People chosen as directors and committee members should understand their responsibilities. This 

will help them to contribute in a positive way. 

At induction all new board members should be advised about how to fulfil their role, and given 

a copy of the code of conduct applying to them. The code will set the standard of conduct and 

integrity expected of board members, executive officers and other officers working with the board. 

In performing their responsibilities, boards must work with the responsible minister and, in many 

cases, with the CEO of a public sector agency. Under some legislation, the responsible minister 

may give a written direction to the board and the board must give effect to it. In practical terms, a 

CEO must, in addition to the board, cooperate constructively with the responsible minister and his 

or her office staff. This can involve a high volume of daily communications and interactions. The 

Public Sector Commissioner is the employing authority for CEOs. 

A board should not direct a public sector employee to act contrary to the Code of Ethics, or a code 

of conduct applicable to that employee. 


The Conduct Guide for Boards and Committees 

PSC developed the Conduct Guide for Boards and Committees to assist government boards 

develop a code of conduct. This supporting information should be read in conjunction with the 

conduct guide when developing a code of your own. 

The conduct guide sets out six categories where a public sector board member, executive officer 

or other officer of the board needs to display the appropriate behaviour and comply with the 

accountability framework set out in the legislature and by government. 

The supporting information is consistent with the conduct guide. The six areas that should be 

reflected in your board or committee’s code of conduct are: 

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Personal behaviour 

Communication and official information 

Fraudulent and corrupt behaviour 

Use of public resources 

Record keeping and use of information 

Conflict of interest 

The supporting information 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 public sector agencies and most public sector boards, and 

are mandatory. 

The conduct guide is specifically aimed to help the executive officer of a board or committee 

fulfil their duties. It will help them allocate appropriate responsibilities to themselves and other 

members. It is the responsibility of each board to establish all of the legislation which governs the 

activities of the board. 

Referencing your board’s code of conduct to the Conduct Guide for Boards and Committees will 

ensure that you include the appropriate legislative obligations without necessarily having to restate 

specific requirements in the document. You should make sure that board members are aware 

of the conduct guide and supporting information, and how to access the legislation and other 

government requirements it encompasses. 


Categories of conduct - Sample of issues for inclusion 

Personal behaviour 

Board members are in a position of trust. Their involvement may effect the welfare, rights or 

entitlements of the community and individuals. 

Government power comes from citizens, who expect public officers to carry out their functions 

with professional integrity and due regard for the public interest. All board members need a clear 

understanding of their public duty and legal responsibilities. 

Example statements 

Board members will understand the board’s role and public duties 

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Gain a clear understanding of the role or purpose of the board as well as the 

statutory and regulatory requirements affecting members in carrying out their 

public duties. 

Understand the physical, political and social environment in which the board 

operates. 

Stay informed about all relevant activities affecting the board. 

Comply with legal obligations and implement the decisions taken by the board. 

Understand and strive to fulfil the expectations of board member behaviours. 

This includes the level of accountability, probity and transparency expected in 

the public sector and the WA Public Sector Code of Ethics. 

Board members will be active 

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Attend all board meetings. If they cannot attend members will submit an 

apology. If they are likely to miss several consecutive meetings, members could 

obtain leave of absence. 

Participate actively and work cooperatively with fellow members and 

stakeholders to achieve agreed goals. 

Prepare for meetings by reading and considering papers circulated with the 

agenda. 

Board members will respect each other 

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Treat each other with professionalism, courtesy and respect. 

Do not improperly influence other board members. 

Act loyally and in good faith. 


Accountability framework 

Legislation 

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Public Sector Management Act 1994 - 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 

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Corruption and Crime Commission Act 2003 

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Criminal Code Chapter XII Corruption and Abuse of Office 

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Equal Opportunity Act 1984 

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Occupational Safety and Health Act 1984 

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Industrial Relations Act 1979 

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Working with Children (Criminal Record Checking) Act 2004 

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Disability Services Act 1993 

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Statutory Corporations (Liability of Directors) Act 1996 

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Board’s enabling legislation 

Across government requirements 

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Code of Practice Occupational Safety and Health in the Western Australian Public 

Sector - promotes strategies to help CEOs, managers and officers improve the work 

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

(Public Sector 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) - available at www.commerce.wa.gov.au 

State Government Access Guidelines for Information, Services and Facilities - boards 

to fulfil social and legislative responsibilities by ensuring service accessibility by all 

customers, including people with a disability (Premier’s Circular 2003/08) 


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Whole of Government Complaints Management Strategy - boards’ complaints 

management systems must conform to Australian Standard 4269 (Public Sector 

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 (Public Sector Commissioner’s Circular 

2009-14) 

Implementation of the Policy Framework for Substantive Equality - aims to eliminate 

racial discrimination in public sector services and promote sensitivity to different client 

groups (Public Sector 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 


Communication and official information 

Use of confidential information 

Sometimes boards discuss highly sensitive matters. They should do so only with board members 

present and in strict confidence. Nevertheless, all decisions should be documented and 

appropriate minutes prepared. Certain records may need an extra level of security. 


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The board will ensure confidential records are subject to appropriate access 

procedures (see Freedom of Information Act 1992). 

The board will respect confidential information and observe any restrictions 

agreed by the board (subject to Freedom of Information Act 1992 

requirements). 

The board will maintain confidentiality and not divulge information deemed 

confidential or sensitive. If members are uncertain they should seek direction 

from the board chairperson. 

The board will not misuse information obtained in the course of board duties for 

direct or indirect gain, or to do harm to other people or the board. 

The board will respect the privacy of individuals. 

Raise concerns of improper communications with the board 


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Board members will express concerns to the chairperson or other relevant 

authority about consultations, decisions or actions contrary to the board’s public 

duty. 

Board members will disclose any information about actual or potentially corrupt 

or illegal activities to the chairperson or, if necessary, the Corruption and Crime 

Commission. 

Board members will actively promote the board’s internal policy enabling 

concerns relating to matters of public interest to be raised under the Public 

Interest Disclosure Act 2003 

(see www.publicsector.gov.au/ or link to your host agency’s 

published policy). 



Legislation 

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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 

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Freedom of Information Act 1992 

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State Records Act 2000 

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Communication Arrangements between Ministers and Agencies - s.74 outlines 

Ministers’ responsibilities for how communications are made between ministerial staff 

and officers (Public Sector Commissioner’s Circular 2009-10) 

Contact with Lobbyists and Register of Lobbyists - lobbying is only permitted by those 

listed in the lobbyist Register (Public Sector 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 (Public 

Sector Commissioner’s Circular 2009-15) 

Government Intellectual Property - outlines the protection, management, use and 

commercialisation of intellectual property (Public Sector 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) 


Fraudulent and corrupt behaviour 

Purchasing of goods and services 

Example statement 

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Board members will comply with State Supply Commission policies and 

guidelines. 

You can download copies of the State Supply Commission policies from the State Supply 

Commission website at www.ssc.wa.gov.au. Boards are encouraged to seek advice and 

assistance from the State Supply Commission when purchasing goods and services. 

Corporate credit cards 

Each corporate credit card is issued to an individual and responsibility rests with that person. 


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Board members will use corporate credit cards only for official purposes and 

comply with conditions set by the issuing financial institution. 

The corporate cardholder may order goods and services directly from a supplier. They should 

use the corporate credit card to procure approved goods and services and accommodation within 

financial limits approved by the board. 


The corporate credit card must not be used: 

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to withdraw cash 

to purchase fuel for government vehicles 

for private purchases; or 

to purchase assets. 


Incurring expenditure 

Those incurring expenses must be authorised incurring officers, as provided for in the Financial 

Management Act 2006 and relevant Treasurer’s Instructions. 


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Board members will not approve their own expenditure for travel claims, credit 

card payments, private telephone subsidies and similar. They should refer these 

to the board for approval. 


Legislation 

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Public Sector Management Act 1994 - s.9: Act with integrity when performing official 

duties, be scrupulous in the use of official information, equipment and facilities 

Corruption and Crime Commission Act 2003 s.4: Misconduct 

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Financial Management Act 2006 

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Criminal Code XIII s.83: Corruption 

Treasurer’s instructions 

State Records Act 2000 (Record Keeping Plan) 

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Public Interest Disclosure Act 2003 

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Corruption Prevention - all boards must consider the risk of corruption and misconduct 

in their risk management activities (Public Sector Commissioner’s Circular 2009-25) 

Where appropriate, board members should seek advice and assistance from State 

Supply Commission when purchasing goods and services (www.ssc.wa.gov.au) 

Risk Management and Security - boards should safeguard assets from misuse and loss 

due to theft or damage (Treasurer’s Instruction 825) 


Use of public resources 

The Financial Management Act 2006 places a responsibility on board members. They need to ensure 

efficient and effective operations, avoid extravagant and wasteful use of resources, and record 

processes carried out when purchasing goods and services. 

Accountability for public expenditure 


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Board members will act in a lawful, ethical and justifiable manner. 

Board members will demonstrate personal integrity and reliability. 

Board members will maintain confidentiality. 

Board members will participate constructively in board activities. 

Board members will ensure action is taken on audit reports. 

Board members will ensure compliance with statutory and legal requirements. 

Board members will analyse financial statements and management reports with 

due care, and ensure they are properly informed. 

Remuneration or sitting fees 

Some boards pay an annual salary, daily or half daily sitting fee to members and some do not. 

Boards and committees should refer to the Commissioner’s Circular 2009/31 Eligibility of 

Government Officers for payment of fees for Government Boards or Committees. This may need 

to be modified to reflect the particular circumstances of your board. 


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Board members will not accept any fee, reward, gratuity, gift or remuneration of 

any kind other than sitting fees or allowances officially applicable to the board. 


Allowances 

Boards have differing arrangements for reimbursement of travel and accommodation expenses. 

The following reflects one approach which can be used by public sector boards and committees. It 

may need to be adjusted according to your board’s current arrangements. 

Accommodation and travel expenses 


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Before travelling, board members will obtain approval for the travel from the 

board and record this in the minutes. 

Board members will comply with the travel conditions and guidelines set down 

in Premier’s Circular 2009/04. This circular provides guidance for official air 

travel arrangements. 

In accordance with the Premier’s Circular 2009/04, frequent flyer points or 

benefits under other incentive or loyalty schemes accumulated in the course of 

official air travel must not be used for private purposes. They may be used only 

for further official purposes. Selection of an airline for official travel is not to be 

made on the basis of frequent flyer points or other incentive or loyalty schemes. 

This choice must be based strictly on the best fare of the day principle. 

The following example statements can be used if your board allows board members to 

be reimbursed for travel and accommodation expenses. 

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Board members will ensure air and rail travel costs are approved by the board. 

Members using their own motor vehicle on official business (other than 

attending normal board meetings) may be entitled to claim an allowance at 

public service rates. 

Accommodation, meals and out of pocket expenses incurred on official 

business may be reimbursed at public service rates or booked and paid directly 

by the board. 


Entertainment and catering 

Any entertainment should be consistent with the board’s genuine needs and public duty. Members 

should not lose or gain financially as a result of entertainment. The board will ensure the efficient 

and responsible expenditure of public funds. 


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Board members will ensure catering is limited to basic food and drink items. 

Members approving entertainment expenditure are responsible for its propriety 

and scope. 

Board members will ensure alcohol is not consumed during board meetings. 

Board members will ensure that they give transparent consideration and due 

thought before accepting hospitality offered by suppliers or potential suppliers. 

This is to avoid actual or perceived conflicts of interest or undue influence. 

Board members will ensure the event is in keeping with the Premier’s Circular 

2006/06 Guidelines for Expenditure on Official Hospitality. 

Entering government premises 

Before the board as a whole or individual members enter premises in an official capacity, they 

should normally consult the CEO. This is as a matter of courtesy, and to make sure that board 

members do not become directly involved in operational matters. You will need to write the 

following comments to suit circumstances. 

The CEO of your host agency is responsible for its day to day management. The board as a whole 

or individual members may need to visit the agency in a formal capacity or to use government 

facilities and equipment. 


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Board members will cooperate with [host agency contact officer] when using the 

premises for meetings, or other board business or wishing to use government 

facilities or equipment for board purposes. 


Engaging consultants and/or contractors 

If you follow government guidelines and procedures this will ensure a consistent approach 

in recording the engagement of consultants and/or contractors. It is important that a board 

determines whether such a person is to be engaged as an employee, or as a contractor. 

An employee is engaged on a contract of service which implies an employer/employee 

relationship. Under this the board is responsible for the person’s wages, worker’s compensation, 

PAYE tax installments and group certificate, and so on. A contractor or consultant is engaged on 

a contract for service, which implies there is no employer/employee relationship. Accordingly, a 

contractor or consultant submits an invoice for the service performed. 


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Board members will ensure persons employed under contracts of service will be 

recruited, appointed and managed in accordance with Public Sector Standards 

in Human Resource Management. 

Board members will ensure contracts for service will be made following 

correct purchasing procedures, according to current State Supply Commission 

guidelines on contracts for professional services. 

Equipment used by a board may be purchased by a government agency. The terms of the code 

should reflect the actual arrangements. You may need to amend these terms to suit requirements. 

The following paragraph is an example of such a term. 

“All vehicles, computers, furniture and other equipment provided to the board remain 

the property of the agency and will only be used for official purposes. Board assets are 

publicly owned and are not provided to members for exclusive use.” 



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Board members will ensure equipment is operated in accordance with the 

manufacturer’s specifications, is maintained in good condition and stored 

securely. 

Board members will ensure any damage or loss of property or equipment is 

reported immediately to the board. 

Board members will ensure resources, funds, employees and equipment are 

used effectively and economically for board business. Official resources include, 

but are not limited to, motor vehicles, computers, software, photocopiers, 

telephones, facsimile machines, printers and other items of office equipment. 

Board members will ensure requests by an external party such as a charitable 

body to use board facilities are referred to the board for approval. 

Use of telephones 

This subsection reflects the policies of some larger government boards and where relevant, official 

public sector-wide policies. The content may not be relevant to particular boards and may need to 

be considered and modified to fit circumstances. 

All government mobile telephone accounts are monitored. 


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Board members will keep personal calls to a minimum and will not make private 

business calls. 

Board members with a government mobile telephone will: 

1. Certify calls made on behalf of agency business, prior to the payment of 

the account. 

2. Reimburse the agency for private call costs. Alternatively, board members 

may pay the account and claim reimbursement for board calls. 



Legislation 

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Public Sector Management Act 1994 - s.9: Act with integrity when performing official 

duties, be scrupulous in the use of official information, equipment and facilities 

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State Supply Commission Act 1991 

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Industrial Awards and Agreements (meal and travel allowances) 

Criminal Code Chapter XIII Corruption and abuse of office 

Treasurer’s instructions cover all areas of financial management, including asset 

management 



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Guidelines for Official Travel - guidance for official air travel arrangements, includes 

information regarding frequent flyer programs (Premier’s Circular 2009/04) 

Guidelines for Expenditure on Official Hospitality - establishes criteria for accountability 

of expenditure, defines official hospitality, working meals and outlines hospitality 

principles (Public Sector Commissioner’s Circular 2009-18) 

Eligibility of Government Officers for Payment of Fees for Government Boards 

and Committees - outlines payment of fees to government officers (Public Sector 

Commissioner’s Circular 2009-31) 

Tenders and Public Notice Advertising Policy - ensures effective, best practice 

communication strategies (Public Sector Commissioner’s Circular 2009-07) 

Office Accommodation Policies and the Government Office Accommodation Working 

Group - guide to procurement and management of government office accommodation 

(Public Sector Commissioner’s Circular 2009-17) 

Sustainability Code of Practice for Government Agencies - agencies are to comply with 

the sustainability code of practice (Premier’s Circular 2004/14) 

Guidelines to Assist Agencies in Developing Email and Internet Use Policies www.egov. 

dpc.wa.gov.au 

Government Fleet Policy and Guidelines - www.dtf.wa.gov.au/cms/tre_content. 

aspid=1711 

Custody of Public Property - describes asset register requirements (Treasurer’s 

Instruction 406) 

Motor Vehicles - describes use of government vehicles and record-keeping 

requirements (Treasurer’s Instruction 411) 

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Purchasing Cards - describes credit card use (Treasurer’s Instruction 321) 

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Eligibility of Government Officers for Payment of Fees for Government Boards and 

Committees (Public Sector Commissioner’s Circular 2009-31) 


Record keeping and use of information 

All documentation produced by the board forms part of the public record. 


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Board members will ensure records are properly organised and kept in safe 

custody. 

Board members will comply with the provisions of the General Retention and 

Disposal Schedules established by the State Records Act 2000. 

Documentation of decisions 

This subsection reflects public sector-wide policy and should only require limited variation to meet 

a particular board’s local requirements. 

All decisions effecting the policy, practice and welfare of a public body or public officers must be 

transparent. You should document decisions and processes. Documentation protects all parties 

involved in a decision, both collectively and individually. 


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The board will prepare and retain minutes for all official board meetings, 

including recording any dissent. 

The board will make a point of having views recorded in the minutes if board 

decisions are concerning or are opposed by members. 

The board will ensure adequate procedures are observed for documenting 

decisions, events and transactions involving the board. 


Security of information 

While the secretary or executive officer of the board may be the person primarily responsible for 

the storage and handling of records, all board members have individual responsibility for any 

document, tape, disk or other record in their custody. Records should not be left in places such as 

at home, an office, or in motor vehicles where non-board members might access them. 


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Board members will ensure recorded information under their control, in both 

paper and electronic form, is kept in a secure place. 

Board members will be cautious about leaving board records on fax machines, 

photocopiers or computer screens. 

Board members will lock away sensitive documents rather than leave them out 

on desks. 

Board members will avoid discussing board business in public places where 

there is a likelihood of being overheard. 

Board members will dispose of duplicate copies of records no longer required in 

accordance with archive procedures. 

Amendment or falsification of records 

Under criminal law, Western Australian government board members are public officers (section 85 

of the Criminal Code). 


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Board members will not falsify, destroy, alter or damage any public record. 

Board members will not backdate information or remove folios from files. 


Freedom of information 

The Freedom of Information Act 1992 (FOI Act) was introduced to help people gain access to 

documents and to check personal information in documents. 


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Board members will comply with the letter and spirit of the FOI Act to assist the 

public to gain access to documents. 

Board members will allow access promptly and ensure personal information 

held is accurate, complete and not misleading. 

Board members will record facts in documents and avoid removing documents 

from a file. 

Board members will avoid recording disparaging remarks and personal opinions 

about individuals on official documents. 


Legislation 

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State Records Act 2000 (Record Keeping Plan) 

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Freedom of Information Act 1992 

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Public Sector Management Act 1994 - s.7: General principles of public administration 

and management (if applicable) 

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State Supply Commission Act 1991 

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Library Board of Western Australia 1951 

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Criminal Code Chapter XIII s.85 falsification of records 

Treasurer’s instructions 



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Policy Framework and Standards for Information Sharing Between Government 

Agencies - facilitates the structures for sharing of information www.crimeprevention. 

wa.gov.au 

Requirements for Western Australian Government Publications and Library Collections 

- outlines requirements to lodge publications with state and national libraries (Premier’s 

Circular 2003/17) 

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Employment Records - employment record maintenance (Treasurer’s Instruction 501) 

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Record of Attendance and Time Worked - maintenance of officers attendance records 

(Treasurer’s Instruction 502) 


Conflicts of interest 

Gifts and gratuities 

Board members should not accept gifts or benefits likely to place them under an actual or 

perceived financial or moral obligation to other organisations or individuals. 


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Board members will not demand or accept in connection with their official duties 

any fee, favour, reward, gratuity or remuneration of any kind, outside the scope 

of their entitlements as a board member, unless authorised by the chairperson 

of the board. 

Board members will not use their public position for personal profit or gain. 

Board members will not accept a gift if it could be seen by the public, knowing 

the full facts, as intended or likely to cause a member to act in a particular way 

or deviate from public duty. 

Private interests 

Board members should place public interest above personal interests and should not use their 

position for personal gain. 

Conflicts between private interests and public duties can arise in the following situations. 

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A member stands to make a financial gain from a board decision. 

A member’s spouse, children or near relative stands to make a financial gain. 

A member holds membership of another organisation likely to benefit from a board 

decision. 

A member’s spouse, children, close relatives or associates are members of an 

organisation affected by board decisions. 



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Board members will openly declare, in the first instance to the chairperson, 

matters of a private interest that may conflict or be perceived to conflict with 

the member’s public duty. These could be investments, relationships, voluntary 

work and membership of other groups. 

Board members will record any issues of conflict to ensure they are transparent 

and capable of review. 

Board members will disqualify themselves from any board discussions and 

decisions where a conflict of interest has, or could, occur. 


Legislation 

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Public Sector Management Act 1994 - s.102: Employment unconnected with functions 

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Electoral Act 1907 

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Electoral Regulations 1996 - s.28(3): Public employees standing for election 

Australian Constitution s.44: Disqualification, officers of the crown standing for federal 

elections 

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Criminal Code Chapter XIII Corruption and abuse of office - s.82 bribery of a public 

officer 

Treasurer’s instructions cover all areas of financial management, including asset 

management. 



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Contact with Lobbyists and Register of Lobbyists - lobbying is only permitted by those 

listed in the Lobbyist Register – applies to any officer of the board as defined by s.3 of 

the Public Sector Management Act (Public Sector Commisioner’s Circular 2009-13) 

Conflict of Interest Guidelines - www.opssc.wa.gov.au/icg/coi 

Fees, Rewards and Gratuities - officers are not to demand or receive any reward 

or payment other than their salary for services performed in connection with their 

employment (Administrative Instruction 712) 

Account for public money, statutory authority money and other money (money held in 

trust) - money received by a board that may be categorised as general money is to be 

accounted for 

www.dtf.wa.gov.au 

Guidelines for identifying and managing conflict of interest - Integrity Coordinating 

Group www.opssc.wa.gov.au/icg 


Other considerations for inclusion 

Public sector employees on boards or committees 

No general prohibition prevents public sector employees serving on boards. Public sector 

employees should not be appointed to the board of a corporatised body, if they retain a position 

within the portfolio of the minister responsible for that corporatised body. 

The following section will need to be modified to reflect circumstances of the board. 

●● 

●● 

If a public sector employee is appointed to a board, the reasons should be documented 

and made public. 

Public sector employees serving on a government board have the same fiduciary 

responsibilities as other board members. 

Boards and committees are to refer to the Premier’s Circular 2003/03 Eligibility of Government 

Officers for payment of fees for Government Boards or Committees 

Where to get support when issues arise 

The Accountability Support Unit of the Public Sector Commission has established an advisory 

service. This helps to assist CEOs, public sector employees and government board members with 

general queries relating to conduct and accountability within the public sector. 

Visit www.publicsector.wa.gov.au for more information. 

The First Steps is a decision making tool or checklist developed by the Accountability Support 

Unit. You can use this tool to decide the most appropriate course of action or conduct when faced 

with a decision. 

First Steps – A tool for accountable and ethical decision making 

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Am I doing the right thing 

How would others judge my actions 

How could my actions impact on others 

Should I discuss this with someone else 


Compliance with the Western Australian Public Sector Code of Ethics and 

codes of conduct 

The Public Sector Commissioner monitors compliance with the WA Public Sector Code of Ethics 

and applicable codes of conduct. The Commissioner may report any public sector body found to 

be in breach of the codes to their relevant minister and to Parliament. 


●● 

●● 

Board members will receive a copy of the Western Australian Public Sector 

Code of Ethics, read it and comply with it. 

Board members will receive a copy of this Code of Conduct for Government 

Boards and Committees, read it and abide by it. 

Each board member and the chair of the board should sign a code. It could be introduced as an 

agenda item at an appropriate board meeting and sign off sheets could, for example, be retained 

with the minutes. 


Taking action in response to the code 

Boards and committees should know under what authority they are able to take action should a 

breach of the code of conduct occur. Boards need to be clear about who is the employing authority 

for board members, or staff, and on the process to be used before taking such action. 

If the code of conduct is intended to cover staff employed by the board, as well as board members, 

then you should amend the code to make this clear. The code should articulate whether there 

are any differences applicable to staff or if it applies in its entirety to staff and board members 

alike. If there is no difference, ensure the code means staff as well as board members whenever 

“members” is mentioned. 


Other resources 

A number of additional resources and publications are available from PSC. 

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PSC Conduct Guide 


Supporting Information – Conduct Guide 


Western Australian Public Sector Code of Ethics 


Additional resources that may be useful are: 

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Current West Australian legislation 

At the date of publication, legislation and updates can be viewed at www.slp.wa.gov.au/ 

Index.html 

Principles of Good Corporate Governance for Western Australian Public Sector Boards 

and Committees available at http://www.publicsector.wa.gov.au/boardsandcommittees/ 

Principles/Pages/Default.aspx 

Premier’s Circulars 

All Premier’s Circulars can be viewed at www.dpc.wa.gov.au/PSMD/Governance/ 

PremiersCirculars/Pages/Default.aspx 

Treasurer’s Instructions 

All Treasurer’s Instructions can be viewed at www.dtf.wa.gov.au/cms/uploadedFiles/ 

WAFAB_NOV9_2007.pdf 

Administrative Instructions 

All Administrative Instructions can be viewed at www.dpc.wa.gov.au/psmd/pubs/legis/ 

admin/admin.html 

Department of Commerce Circulars 

All Department of Commerce Circulars can be viewed at 

www.commerce.wa.gov.au/LabourRelations/PDF/circulars.circulars.htm 

Working with Children Check 

Information on the working with children check and legislation is available at www. 

checkwwc.wa.gov.au/checkwwc 

Code of Practice on the Prevention and Management of Workplace Bullying available at 

www.docep.wa.gov.au/WorkSafe/PDF/Codes_of_Practice/Code_violence.pdf 


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Guidance Note on Dealing with Bullying available at www.docep.wa.gov.au/WorkSafe/ 

PDF/Guidance_notes/WSguidance-bullying_in_english.pdf 

Publication on recruitment practices published by the Equal Opportunity Commission, 

available at www.equalopportunity.wa.gov.au/pdf/recruitment.pdf 

Political Impartiality Information Sheets available at www.opssc.wa.gov.au/ethics/ 

politicalimpartiality.htm 

Australian Standard Fraud and Corruption Control AS 8001, visit www.standards.com.au 

Australia/New Zealand Standard on Risk Management AS/NZS 4360, visit 

www.riskmanagement.com.au Office of Equal Employment Opportunity - www.oeeo. 

wa.gov.au 

Disability Services Commission - www.disability.wa.gov.au 


Public Sector Commission 

Governor Stirling Tower, 197 St Georges Terrace Perth WA 6000 

Tel (08) 9219 6000 Toll Free 1800 676 607 Fax (08) 9219 6001 

Email admin@psc.wa.gov.au Website www.publicsector.wa.gov.au

Conduct Guide for Boards and Committees: Supporting Information

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