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The purpose of the Code is to identify mandatory requirements and best practice conduct for NESA employees which is consistent with Part 2 of the GSE Act (the Ethical framework for the government sector). The Ethical Framework is to be demonstrated by employees in their working relations with other government sector employees, clients and customers, stakeholders and the government of the day. The Code applies at all times when NESA employees are acting in the course of, or in connection with, NSW government sector employment. The Code also specifies actions to be taken if there are breaches, or allegations of breaches, of the Code. Relationship to the Public Service Commission’s CodeThis Code applies to NSW government sector employees, irrespective of the Department or agency for which they are working. Agency heads may choose to extend this Code’s application to contractors and volunteers engaged by the agency, if appropriate. NESA has supplemented the PSC’s The Code of Ethics and Conduct for NSW government sector employees with requirements and advice specific to the NESA’ operating environment and business risks. This material has been incorporated into this Code to form a single consolidated document. Note that the NESA Code of Conduct and Ethics that applied immediately before this one included provisions about the acceptance of gifts or benefits. The relevant information is now contained in a separate document, NESA Managing Gifts and Benefits Policy published simultaneously with this new Code. LegislationA principle of the Ethical Framework is to uphold the law. The law includes, but is not limited to:
The Ethical framework for the government sectorIntroductionPart 2 of the GSE Act establishes the Ethical framework for the government sector. The objective, core values and principles of the Ethical Framework are to be demonstrated in the conduct of all government sector employees and heads of government sector agencies. Ethical framework for the government sectorObjective
Core valuesThe core values for the government sector and the principles that guide their implementation are: Integrity
Trust
Service
Accountability
General provisionsThe Public Service Commissioner has the function of promoting and maintaining the government sector core values. There is no hierarchy among the core values and each is of equal importance. Nothing in the Ethical Framework gives rise to, or can be taken into account in, any civil cause of action. Mandatory conduct
Note: This Part of the Code sets out the mandatory provisions of the Code that apply to all government sector employees and heads of government sector agencies. All NESA employees have responsibilities to:
All managers and executives have the responsibilities of NESA employees (above), and in addition have responsibilities to:
When is the Ethical Framework to be applied?The Ethical Framework is to be applied at all times in working relations with colleagues, clients and These working relations are depicted in the diagram below: Diagram explaining how individuals engage with the following four different groups; Government of the day: how you advise on, and respond to, government policies, your Minister’s priorities etc. Stakeholders: how you work with stakeholders outside the public sector Customers and clients: how you treat your customers, clients and members of the public Colleagues: how you work with your public sector colleagues. How do I act in the public interest?You should treat all people with whom you have contact in the course of your work:
You should also, in the course of your work:
Acting in the public interest requires leadership, courage and innovation to develop practical recommendations and actions that are consistent with the core values and will help the Government of the day achieve its objectives. Acting in ways that are expedient or convenient, but which do not promote the integrity, trust, service and accountability of the public sector, is not in the public interest. How do I manage conflicts of interests?Sometimes you may find that your private interests make it difficult for you to perform your duties impartially in the public interest. This may happen when there is a direct conflict between your current duties and responsibilities and your private interests (an ‘actual’ conflict of interests); when a person could reasonably perceive that your private interests are likely to improperly influence the performance of your official duties, whether or not this is in fact the case (a ‘reasonably perceived’ conflict of interests); or when you have a private interest that could conflict with your official duties in the future (a ‘potential’ conflict of interests). Actions you should take include:
To resolve any conflicts of interests that occur, or could occur, a range of options is available depending on the significance of the conflict. These options include, but are not limited to: (for further detail on how to manage actual, potential or reasonably perceived conflicts of interests, see the NSW Ombudsman Fact Sheet Conflicts of Interests)
As a senior executive, how do I declare private interests?A senior executive (including an acting senior executive) must make a written declaration of private financial, business, personal or other interests or relationships that have the potential to influence, or could be perceived to influence, decisions made or advice given by the senior executive. NESA senior executives must also identify immediate family members or friends who will present for HSC examinations in the 12 months from when they make their declaration. Where a senior executive has no such private interests to declare, s/he must declare a “nil return”. After a senior executive makes an initial declaration, a fresh declaration must be made:
A template for making private interests declarations is available on the NSW Public Service Commission’s Employment portal. A senior executive must provide their declaration to the Chief Executive Officer via the relevant Executive Director. The Chief Executive Officer must provide their declaration to the Secretary of the Department of Premier and Cabinet. A person to whom a declaration is to be provided is responsible for ensuring:
How do I treat colleagues, customers, clients and stakeholders?All government sector employees are to treat their colleagues, customers, clients and stakeholders in their agency and in other agencies, and the government of the day by:
How should I interact with lobbyists?All government sector employees and heads of government sector agencies must comply with Premier’s Memorandum M2014-13- NSW Lobbyists Code of Conduct published on the Department of Premier and Cabinet’s website, as amended from time to time. How do I use public resources appropriately?You must use public resources in an efficient, effective and prudent way. Never use public resources – money, property, equipment or consumables – for your personal benefit, or for an unauthorised purpose. If you are responsible for receiving, spending or accounting for money, ensure you know, understand and comply with the requirements of the Public Finance and Audit Act 1983, the Public Works and Procurement Act 1912 and the Government Advertising Act 2011. Behaviour contrary to the CodeThe effect of behaviour that is contrary to the CodeBehaviour contrary to this Code and to the Ethical framework for the government sector can bring individual employees into disrepute, undermine productive working relationships in the workplace, hinder customer service delivery, and damage public trust in your agency or the broader government sector. If you are unsure of what is appropriate conduct under any particular circumstances, discuss the matter with your Executive Director, or if you don’t feel comfortable doing so, with another Executive Director or the Chief Financial Officer. If you see behaviour contrary to this CodeIf you see someone act in ways that are contrary to this Code, you should in the first instance discuss that person’s behaviour with your Executive Director, or if you don’t feel comfortable doing so, with another Executive Director or the Chief Financial Officer. If you believe certain conduct is not just unethical, but may also be corrupt, a serious and substantial waste of government resources, maladministration or a breach of government information and privacy rights, then report your concerns to the Executive Director, Corporate Governance and School Standards, the Chief Executive Officer or the relevant investigating authority (such as the Ombudsman, Independent Commission Against Corruption or the Auditor-General). Under the Public Interest Disclosures Act 1994, it is both a criminal offence and misconduct to take reprisals against an employee who makes a public interest disclosure. Examples of corrupt conductExamples of corrupt conduct are:
Actions when allegations are madeIf it is alleged that you have acted in a way that is contrary to this Code, you will have an opportunity to provide your version of events. How this will happen will be proportionate to the seriousness of the matter. In those cases where the allegation is minor or of a low level, your Executive Director will usually discuss this matter directly with you. If the allegations are more serious, a formal process may be required. If you are investigating an allegation of a behaviour that is contrary to this Code, you must ensure your decision-making is fair and reasonable by acting consistently with four principles (NSW Ombudsman):
For employees of Public Service agencies, including NESA, the GSE Act and GSE Rules set out how allegations of misconduct are to be dealt with. Part 8 of the GSE Rules sets out the procedural requirements for dealing with allegations of misconduct, which include requirements that you be advised of the detail of the allegation; the process to be undertaken to investigate and resolve the matter; and that you be provided an opportunity to respond to the allegations. The GSE Act also sets out the actions that the Chief Executive Officer may take where there is a finding of misconduct against an employee. These actions are as follows:
Additional provisionsPublic comment on the work of the NESAPublic comment by employees includes public speaking engagements, comments on radio and television or in letters to newspapers, expressing views in books, journals or notices and comments on social medial if it is expected that the comments will spread to the community at large. Employees, as individual members of the community, have the right to make public comment and enter into public debate on political and social issues. However, there are some circumstances in which this is inappropriate. For example, situations when the public comment, although made in a private capacity, may appear to be an official comment on behalf of NESA. In such circumstances, employees should preface their remarks with a comment that they are made in a private or union capacity and do not represent the official view of NESA. As a general rule, employees can disclose official information that is normally given to members of the public seeking that information, but should only disclose other official information or documents when:
In these cases, comments made by employees should be confined to factual information and should not, as far as possible, express an opinion on official policy or practice unless required to do so by the circumstances of the particular situation (for example, when asked to do so in court). Comments made on matters pertaining to union business by members of unions in their capacity as a local delegate within NESA or by union office holders employed by NESA are permissible under this code. This policy does not apply to personal use of social media platforms where no reference is made to NESA related issues. Protecting confidential informationNESA has clearly documented procedures regarding the storage, disclosure and distribution of confidential or sensitive personal, commercial or political information. Employees who handle such information should follow these procedures and must take special precautions to make sure that it is not disclosed without clear authority. Official information must only be used for the work-related purpose intended and not for personal benefit. Unless authorised to do so by legislation, employees must make sure that they do not disclose or use any confidential information without official approval. Unauthorised disclosures may cause harm to individuals or give an individual or NESA an improper advantage. The integrity and credibility of NESA may also be damaged if it appears unable to keep its information secure. All employees must make sure that confidential information, in any form (such as computer files), cannot be accessed by unauthorised people and that sensitive information is only discussed with people, either within or outside NESA, who are authorised to have access to it. Secondary employmentNESA employees, except casual and part-time employees, covered by the GSE Act must have the approval of the Executive Director Corporate Governance and School Standards or their Director before they engage in any form of paid employment outside their official duties. While the secondary employment provisions of this Code do not apply to casual and part-time employees, the other provisions of this Code do apply. Employees must also carefully consider whether the organisation offering them secondary employment may adversely affect the performance of their NESA duties and responsibilities or give rise to a conflict of interest. This applies whether they are working full time, part time or are only temporarily employed. Approval for secondary employment will generally be granted provided the following conditions are met:
Directors and managers are required to maintain a record of any approvals for secondary employment given to officers in their directorate or branch. Employees should consider the following if they are thinking about or have been granted permission to undertake secondary employment:
Generally, voluntary or unpaid activities are not considered as secondary employment and therefore it is not necessary for the officer to obtain permission to be involved. However, if there is a potential or perceived conflict of interest with the officer’s duties, this should be discussed with the officer’s direct supervisor. Political and community participationEmployees must make sure that any participation in party political activities does not conflict with their primary duty as a public employee to serve the government of the day in a politically neutral manner. This is important because of the need to maintain Ministerial and public confidence in the impartiality of the actions taken and advice given by public employees. What the NESA Chief Executive Officer considers appropriate in any particular case will depend on the nature of the issue, the position held by the employee, the extent of the employee’s participation, and their public prominence. If you become aware that a potential conflict of interest has arisen or might arise, you should inform the NESA Chief Executive Officer or Executive Directors immediately and may have to stop the political activity or withdraw from the areas of their work where the conflict is occurring. Special arrangements apply to employees who are contesting State or Federal elections. Within the context of the requirements of this Code, employees are free to fully participate in voluntary community organisations and charities and in professional associations. Post-separation employmentEmployees should not use their position to obtain opportunities for future employment. They should not allow themselves or their work to be influenced by plans for, or offers of, employment outside NESA. If they do, there is a conflict of interest and the integrity of the employee and NESA is at risk. Former employees should not use, or take advantage of, confidential information that may lead to gain or profit obtained in the course of their official duties until it has become publicly available. All employees should be careful in their dealings with former employees of NESA and make sure that they do not give them, or appear to give them, favourable treatment or access to privileged information. |