Principle 3: Integrity
Context:
Upholding the ethical principle of integrity is central to maintaining the probity of your conduct in your dealings with others, in the exercise of public powers, and in the proper use of public resources. Your integrity is highly valued by the department because it reflects positively on you as a person and the department as a whole. Observing the ethical principle of integrity supports the reciprocal relationship of trust that must exist between an employer and an employee.
As custodians of public powers and resources, you must adhere to the highest standards of integrity if you are to enhance public confidence and trust in the department and the whole of the public service. You must avoid any conduct that would amount to a breach of trust of the position that you hold.
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In this section:
Obligations
Standards
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3.1 Obligations
Every staff member has an obligation to:
- ensure that their official powers, position, resources or influence are not used improperly for personal or other improper advantage
- ensure that any public comment made as a representative of the department, or where it might reasonably be perceived that you are a representative of the department, is authorised by the department and accurately reflects the department's position, regardless of your personal political or ideological preferences
- identify, declare, and avoid any apparent or actual conflict of interests or resolve conflicts in favour of the public interest. (Refer to APPENDIX 2: Glossary of Terms for a definition of conflict of interest)
- disclose fraud, corruption, misconduct, official misconduct and maladministration to an appropriately authorised person
- manage official information and records confidentially and in a manner consistent with the law, information standards and departmental policy
- avoid any conduct which would undermine public confidence
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3.2 Standards
The following sections outline the standards you must adopt in your daily work for the department in a number of areas.
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3.2.1 Conflicts of interests
- You should understand what is meant by an apparent or actual conflict of interest (Refer to APPENDIX 2, The Glossary). An undeclared and unresolved apparent or actual conflict of interest can seriously undermine the impartiality of departmental operations and decision-making, and reduce public confidence in the public service.
- You should be aware that an apparent or actual conflict of interest may arise between your private financial and business interests, or personal/familial relationships and the impartial and proper performance of your duties.
- Senior Officers and members of the Senior Executive Service are able to seek advice from the Integrity Commissioner about possible conflicts of interest. Such requests for advice must be accompanied by an authority signed by the Director-General requesting the advice.
- Employees must immediately identify any apparent or actual conflict between their private interests and work duties, and resolve the conflict in favour of the public interest.
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3.2.2 Identifying conflicts of interest
You may be directed by the department to resolve the conflict in a particular way. Failure to promptly identify and initiate resolution of the conflict in favour of the public interest is a breach of this code and may constitute official misconduct.
You must not use your employment position to pursue private interests to gain an improper private advantage for yourself or others.
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Example: Conflicts between private interests and public duty/misuse of public resources
An employee uses his departmental phone number on his private business card, and receives regular private business calls during the employee's work time. The employee spends extended periods of work time responding to his private business interests to the detriment of his work area.
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Example: Proper resolution of conflicts of interest - Recruitment and selection
An employee who is a member of a selection panel discovers that his best friend's wife whom he knows very well on a personal and social basis has applied for the vacancy. Because of his close personal association with the applicant, the employee declares the conflict of interests to the other members of the selection panel, withdraws completely from the selection panel, and is replaced by another employee.
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3.2.3 Receiving and giving gifts and benefits
All staff must comply with the Government wide policy on gifts and benefits issued by the Public Service Commissioner. The policy is available from the Public Service Commission 
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As the policy states: 'Being a public service employee involves a public trust. This means that duties must be carried out impartially and with integrity. Consequently, it is not appropriate for public service employees to be offered or to accept or to give gifts and benefits that affect or may be likely to affect or could reasonably be perceived to affect, the performance of their official duties.'
Employees must firstly consider the appropriateness of accepting or offering a gift or benefit. Making an offer of a gift or benefit and the public perception of acceptance of same present risks to the organisation and to the individual; therefore the reasons must be analysed carefully. Offers of cash, including items which can be readily converted to cash must not be offered or accepted under any circumstances.
Consideration by employees must also be given to the provision of gifts or benefits for official hospitality and corporate purposes, and to individual public service employees.
Any gift that has a fair market value of more than $100 must be recorded in a gifts and benefits register.
In summary, gifts and benefits are treated in accordance with the table below:
| | Gifts or Benefits | Intangible Gifts (Hospitality) |
| Procedures | Less than $100 | $100 - $350 | More than $350 | Less than $100 | $100 - $350 | More than $350 |
| Principles apply | Yes | Yes | Yes | Yes | Yes | Yes |
| Decision and information recorded in Register | No | Yes | Yes | No | Yes | Yes |
| Requirement to purchase | No | No | Yes | No | No | No |
| Aggregates from same donor noted | No | Yes | Yes | No | Yes | Yes |
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3.2.4 Donations and sponsorship
Donations or bequests are gifts that impose no obligations on the receiver and offer little or no return to the donor. A bequest is a form of donation which must be utilised for a specific purpose as directed by the benefactor. If you receive an offer of a donation to the department, you should immediately notify your supervisor. Donations may be accepted on behalf of the department for departmental use, but must be registered in accordance with the requirements of the public service commission policy The The Giving and Receipt of Gifts and Benefits by Employees of the Public Service (new window) 
. When accepting a donation, you must be certain, and should make it clear to the donor where necessary and appropriate, that acceptance of the donation creates no implicit or explicit obligation upon the department towards the donor. If the 'gift or donation' is conditional, it should only be accepted if the conditions do not affect or will not be seen to affect the impartial performance of departmental functions.
Acceptance of offers of sponsorship from individuals and organisations, and the soliciting of sponsorship for departmental activities must be managed and dealt with in accordance with the EDM-PR-001: Advertising and Sponsorship or the Queensland Government Sponsorship Policy (new window) .
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Example 1: Acceptance of a donation for official purposes - Appropriate conduct
An individual offers to donate $1000.00 on the condition that it is spent only on the purchase of school library books. The donation is accepted and registered in the gift register as the condition does not affect the impartial performance of departmental functions
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Example 2: Offer of a donation with unacceptable conditions - Appropriate conduct
A parent offers to donate $1000.00 to purchase school sporting equipment if the school guarantees that the parent's son will be selected for the school football team. Selection for the football team is a merit-based selection. The principal declines the offer, advising the parent of the merit-based selection process and the school's policy of providing equal opportunity to students.
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3.2.5 Receiving prizes and awards in the course of duties (from a non-government source)
Should you in the course of performing your work duties, receive a prize with a value greater than $1000.00, you must declare receipt of the prize and forward it to the department for management.
Should you receive an award for significant contribution or excellence, you must declare receipt of such award to your principal or supervisor. If the award is the result of the employee performing their official duties you will generally be permitted to retain the award as long as there are no conflict of interest issues associated with the retention of the award. Principals, Directors, managers and supervisors must seek advice from the Director, Ethical Standards, in cases where employees notify them of receiving such awards.
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Examples: Declaration of Receipt of Prizes - Appropriate response
An employee attends a workshop in the course of performing their work duties and receives a ticket for a lucky door prize. The employee wins the prize, which is a new computer valued at $2000.00. The employee declares receipt of the prize and relinquishes the computer to the department for management.
Another employee purchases a raffle ticket from a work colleague as part of a fund-raising activity to benefit people with disabilities. The employee wins the raffle and the prize (a motorbike), but because the activity was not related to her work duties she is entitled to keep the prize.
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3.2.6 Using and disclosing official information - maintaining confidentiality
As a public official, you may have access to certain information (both hard copy and electronic) which must be treated as confidential, especially where it concerns the personal affairs of individuals, commercially sensitive business information, and privileged government information (e.g. matters to be considered by Cabinet) in accordance with the privacy principles contained in the Information Privacy Act 2009 (new window) . This requirement continues to apply to persons after they have left the department's employment. The following standards will guide you in making judgements about disclosing official information.
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You must ensure that you make every effort to ensure confidentiality of official information. Information becomes 'official' when it is part of a formal departmental process or procedure such as an investigation or recruitment and selection process.
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In the reporting of suspected disciplinary breaches employees are expected, at all stages of the process, to maintain confidentiality.
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You do not need specific permission to disclose information that is already available in the public arena (e.g. legislation, publications, Internet, policies, press releases). However appropriate acknowledgement of the source must be given.
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You have an obligation not to disclose official information to any person, agency or the media unless it is part of your official duty and is consistent with the Code or you are authorised to do so, for example, under legislation or approved by an appropriate authority.
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If you are uncertain about releasing official information, contact your manager or the department's Right to Information Co-ordinator.
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Where applications are received for information under right to information, you are to follow the department's administrative instruction on the
Right to Information Act 2009 (new window) . -
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Example: Inappropriate release of official information - Breach of privacy
A principal gives parents' names and addresses to a company marketing a new educational game without the parents' consent in return for a cash 'donation' to the school's sport fund.
The disclosure of information was improper because it did not have the consent of the parents, and the disclosure was not authorised for a purpose, other than the official purpose for collecting the information. The principal's action was also a breach of the donation/gift policy.
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3.2.7 Making Public Comment
- You must comply with the departmental policy when making a public comment about the department's work. The term 'public comment' includes providing information about, or evaluative comment on government policy or administration. Depending on the content and circumstances, public comment may include: letters to the editor of a newspaper; articles for a professional journal; contributions to a panel discussion on radio or television; public demonstrations; or speeches to interest groups.
- As a private citizen, you have the same rights as any member of the community to enter into discussion of community and social issues, but with the following limitations:
- unless authorised to make public comment as a representative of the department, you must take all reasonable steps to ensure that any public comment made is clearly seen and understood to be made in a private capacity, representing your personal views as a private citizenyou must use the department's established internal and external communication channels concerning the work of the department.
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Example: Inappropriate public comment
An employee writes to their local state member criticising the government's consideration of an unannounced plan to introduce a new equipment levy on parents of students attending Queensland state schools. The employee knows of the plan through the performance of his work duties.
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3.2.8 Disclosing fraud, corruption, maladministration, official misconduct, misconduct, waste of public funds, or risk to public health or safety (Whistleblowing)
- You must report knowledge of public service fraud, corruption, maladministration, official misconduct, misconduct, reprisal, negligent or improper management resulting in waste of public funds, or danger to persons or the environment in the public interest to an appropriate public sector entity which is authorised to receive that type of information.
- You must follow departmental policy and procedure when reporting on suspected official misconduct.
- Under the Crime and Misconduct Act 2001 (new window) , the Director-General has a responsibility to refer all matters involving clear or suspected official misconduct, including allegations received from anonymous sources, to the CMC. This responsibility is delegated to the Director, Ethical Standards, who is the CMC Liaison Officer.
- You must not cause, or arrange for detriment to be caused, to another person because an employee has properly reported a matter in accordance with the law, departmental policy, public service directives, or this code.
- You must not make a knowingly false or misleading statement concerning an allegation of improper conduct to another employee or authority. You must not make a vexatious complaint about another person.
- The Whistleblowers Protection Act 1994 (new window) provides information about and examples of matters that can be disclosed by a public service employee to an appropriate public sector entity, and the legal protections that apply to those disclosures.
- Departmental investigations are conducted in accordance with CMC guidelines.
- You must co-operate with an investigation being conducted in connection with the administration, management and operation of the department to ensure the best possible outcomes.
- As a public officer you are obliged, when required, to participate in an investigation process as a complainant, respondent officer or witness, either by interview or the provision of a written statement.
- To unreasonably refuse to participate in an investigation in the manner instructed is considered to be a breach of the Code of Conduct.
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Example 1: Reporting suspected official misconduct - Appropriate action taken
Two Department of Education and Training employees attend a workshop interstate, and on their return to duty lodge travel claims for their expenses to be reimbursed. One employee learns that items and expenses claimed by the other were not incurred as reported, and therefore has reason to suspect that a claim, knowingly false, has been made. The employee reports this knowledge to their supervisor. The supervisor advises the department's Crime and Misconduct Commission Liaison Officer of the employee's report.
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Example 2: Making a Vexatious Complaint - Inappropriate Action Taken
Darren's behaviour has been the subject of a grievance properly lodged by Julie. Upset at being the subject of a grievance, Darren decides to cause Julie distress by lodging a grievance against her in which he makes allegations of improper conduct without any reasonable basis for complaint.
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3.2.9 Standing for elected political office
- Any employee wishing to stand for election to the federal or state parliaments must observe the procedures set out in the whole-of-government policy on Public Service Employees Contesting State or Federal Elections. (new window)
- Any employee wishing to contest a seat in a local government election should advise their supervisor or manager in this regard and apply for leave at a time when the employee is unable to meet their employment obligations due to a conflict of interests, such as engaging in active campaigning.
You have a duty not to influence, or use the influence of, any person to improperly obtain any advantage or disadvantage either personally or on behalf of another, or to interfere with the proper outcome of any procedure established under legislation or government policy.
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3.2.11 Party political, professional and trade union activity
Party-political, professional group and trade union activity may give rise to real or apparent conflicts of interest, particularly if you are identifiable by the community as a public official. In a private capacity, you have a legitimate right to pursue party-political, professional group or trade union activity. This must be achieved without breaching your obligation to avoid real or apparent conflicts of interest.
If you are an elected workplace representative, a trade union official/delegate or a professional associate, you do not need the department's permission to express your views as a representative, but you are to ensure that any comment you make will be understood as representing the views of the union or association.
It is important for departmental employees who are also workplace union delegates to recognize that their obligations to the department take precedence over any other responsibilities they may have due to their involvement in trade unions.
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Example: Inappropriate response to a conflict of interest with trade union activity
An employee who is a workplace delegate of an industrial union receives confidential information in the course of his work duties about a confidential government policy proposal that he knows would be opposed by his industrial representatives. The employee leaks this information to the union.
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3.2.12 Intellectual property (including copyright)
Government information, which you generate as part of your official duties, whether produced in work or personal time, is deemed to be produced in the course of your employment. As such, this information is regarded as the State's intellectual property. The State is the owner of the property unless there is an agreement stating otherwise. You have an obligation therefore not to use the State's intellectual property for private purposes.
- When using the State's intellectual property, including computer software and other technologies, you are to do so in accordance with the Copyright Act 1968 (Cth),Copyright Amendment (Digital Agenda) Act 2000 (new window) (Cth) the Code and the department's Information Standards and Guidelines.
- IT policies are to be followed when using the department's computer systems. The models are helpful as a reference for other related policies and administrative instructions.
- The department may have discretion to use state intellectual property for commercial purposes. When deciding who may benefit from the commercial use of state intellectual property, you are to consider the circumstances in which it was conceived, researched and developed. You should also consider the question of whether commercial or private use of the state's intellectual property may involve a conflict of interest.
- If you are seeking to enter into an agreement regarding the publication or disclosure of any articles or materials which have been produced by the department, or as part of your official duties, you are to first obtain the approval of the Director-General or delegate. Refer to the Standards shown earlier in this section for details.
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Example: Seeking consent for use of intellectual property - Appropriate conduct
A teacher is writing a textbook based upon teaching materials developed in the course of their work duties. The teaching materials are the intellectual property of the Department of Education and Training. The teacher seeks the department's consent to include the materials in the textbook.
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3.2.13 Secondary Employment or Other Employment
It is important that you recognise that concurrent employment in both the public and private sector may give rise to a real or apparent conflict of interest. This is particularly the case when the private work is in areas related to your official duties (e.g. working for a competing service provider, consultancy work). Depending on the circumstances, your ability to perform your duties efficiently and the department's credibility may be adversely affected.
The department does not prohibit concurrent employment. However, you have an obligation to comply with the provisions of the Code, particularly those that relate to conflicts of interest and use of official information and resources. You are to ensure that any concurrent employment does not adversely impact on your public duties with your primary employer or compromise the integrity of the department.
You must also ensure that you do not use your employment as a public official to advance, or promote your private business or utilise public facilities, resources or intellectual property to benefit your private interests financially or in kind.
Employees must not engage another employee, or allow themselves to be separately engaged by the department to provide goods or services that they could reasonably be expected to provide as part of their standard paid employment.
Staff who are engaged in employment other than public sector employment which according to the directive Public Service employees engaging in other employment is a real or apparent conflict of interest must submit a Notification of Other Employmentform to their supervisor or manager.
Employees with private interests should be mindful that the law precludes them, in certain circumstances, from being contracted to their employer. If you are considering engaging in business with DET, it is incumbent on you to seek advice before signing contracts or agreements which may, even inadvertently breach the law. Managers or those officers responsible for the management of contracts with staff, who are already employed in any capacity, should similarly seek advice from Ethical Standards. The relevant legislation is Section 89 of the of the Criminal Code Act 1899 (new window) which states 'Any person who, being employed in the public service, knowingly acquires or holds, directly or indirectly' 'a private interest in any contract or agreement which is made on account of the public service with respect to any matter concerning the department of the service in which the person is employed, is guilty of a misdemeanour, and is liable to imprisonment for 3 years, and to be fined at the discretion of the court'.
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Example: Secondary employment or Other Employment - Inappropriate action and appropriate response
In addition to performing full-time employment for the department, an employee worked the 10.00pm to 6.00am taxi shift on three week-nights. The employee was observed seemingly asleep at various times during the workday.
The employee explained that he was experiencing significant financial difficulties. The supervisor assisted the employee to contact a financial counsellor and agreement was reached that he would only drive a taxi on Friday and Saturday nights.
When you cease employment with the department, you have an obligation to maintain the confidentiality of official information formerly available to you as a public official, and to return any property belonging to the department.
Public Servants are in a unique position of trust and responsibility. In some instances, public servants may be appointed by name, as a government or departmental representative to a government board due to their experience within a department or the public service, without the appointment being linked to a specific position.
In these circumstances, public servants appointed to government boards as government or departmental representatives have an ethical obligation to formally resign from such appointments if they cease employment in the public service or with the department or agency relevant to the board position. Enabling legislation will usually specify to whom the resignation should be tendered. For boards not constituted under legislation and where the Minister is the appointing authority, a written resignation should be tendered to the Minister for Education and Training. Where there is doubt to whom the resignation should be tendered, advice should be sought from the department responsible for the administration of the board.
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3.2.16 Testimonials, referee reports and performance reports
When preparing testimonials, references or performance reports, you are to take care not to make false or derogatory statements about an individual, or make assessments, that cannot be substantiated, including exaggerating an individual's level of competence.
You may provide testimonial and referee reports using official stationery only when you are acting in an official capacity (i.e. commenting on the work performance of a current or former Queensland public sector employee with whose work you are familiar).
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3.2.17 Research
Employees whose work duties involve conducting research within or for the Department should comply with ethical standards for research equivalent to those applied to staff of Australian Universities in their respective faculties. For further information, refer to the National Statement on Ethical Conduct in Research Involving Humans.
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