Introduction

Overview

This Code of Conduct is important for everyone associated with the education and training divisions of the Department of Education and Training (DET) and its activities. Public service employees hold a special position of trust. They are employed at public expense for community benefit, as identified and determined by the elected government of the day.

The Code of Conduct provides a framework of ethical principles, obligations and standards that guide employees' work performance, professional standards, and how they should conduct their relationships with others. The Public Sector Ethics Act 1994 (new window) defines the ethical principles and the obligations arising from those principles that must be observed by all staff.

The Whistleblowers Protection Act 1994 (new window) complements the Public Sector Ethics Act 1994 (new window) by providing legal protection for the reporting of certain wrongdoing that adversely affects the public interest.

Given the diverse range of activities in which DET employees are involved on a day-to-day basis, the Code does not attempt to provide a detailed and exhaustive list of what should be done in every work situation. Instead, the Code represents a broad framework for ethical conduct.

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Authority

The code sets out the five principles according to the Public Sector Ethics Act 1994 (new window) that must be observed in the work performance of employees:

Respect for the law and system of Government
Respect for Persons
Integrity
Diligence
Economy and Efficiency.

These principles are not prioritised, as each is fundamental to good public administration.

Each principle creates mandatory obligations for employees. The Code expands on these obligations by establishing standards for conduct that are applicable to the departmental context. The Code aims to be clear and concise in its standard setting to avoid confusion or misunderstanding about departmental expectations.

It places an obligation on all to take responsibility for their own conduct. To ensure that obligations are upheld, the Code also provides the basis for disciplinary action for those who fail to meet their obligations. By upholding the obligations under the Code, public trust and confidence in the integrity and professionalism of the department and its employees are maintained.

References to relevant policies and documents are included in the Code. Changes to these references will be updated as necessary on the electronic Code of Conduct available on the department's intranet and internet site.

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Compliance Requirements

While the Code is not binding for contractors, consultants, volunteers and any other person working with the DET, the continued association with the department of these persons / organisations depends upon their observance and compliance with the Code. A condition of a contract between the department and another individual or organisation requiring compliance with this Code of Conduct would be binding.

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Applicability of the Code

The requirements of the Code apply in the performance of work duties at all times. However, it is important to note that misconduct for the purposes of determining liability for disciplinary action under the Public Service Act 2008 (new window) includes inappropriate or improper conduct in a private capacity that reflects seriously and adversely on the public service. Employees when on leave or in their own personal time, have the same rights as other citizens. However, as they are also public officials and perceived as such by the community, they have a responsibility to conduct themselves in a manner that will not undermine public confidence in the integrity of the department.

School-based employees and institute-based employees and other employees with responsibility for supervising or instructing students should note that the Code and the department's SMS-PR-012: Student Protection Policy also apply while escorting students on any school related activity. A breach of the Student Protection Policy is a breach of this Code of Conduct.

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Ethical dilemmas - deciding the right course of action

Public sector ethics pertain to how you should behave as a public official. In most circumstances, the answer should be clear. In situations where the answer is not clear or there is some ethical dilemma refer to "A guide for ethical decision-making " (APPENDIX 1).

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Breaches of the Code

As employees who hold special positions of trust, you are accountable for your actions. Consequences of inappropriate behaviour and breaches of the Code can arise from common law and the disciplinary provisions of Chapter 6, Section 187, of the Public Service Act 2008 (new window) .

A breach of the Code of Conduct will not incur a disciplinary penalty if there is a reasonable excuse for the breach. A reasonable excuse is not the same as mitigating circumstances, which might impact on liability for discipline.

A key principle of public service employment is that employees should be treated fairly and reasonably, and due regard should be given to principles of natural justice. A determination about whether liability for discipline exists from a breach of the Code is ultimately determined by an examination of all the circumstances, including the explanation of the employee for the breach.

In the case of public service officers, disciplinary penalties that may apply to proven breaches of the code without reasonable excuse include:

an official reprimand
reduction of salary level or deduction from salary of up to two periodic payments
forfeiture or deferral of salary increment or increases
reduction in employment classification level
compulsory transfer
redeployment
termination of employment.

All these disciplinary penalties would be in addition to any penalty issued by a Court for a breach of the general law.

In circumstances when a penalty is inappropriate, it may be determined that a caution and/or management strategies are sufficient.

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Reporting breaches of the code

Supervisors and managers have an obligation to address breaches of the Code as soon after observation or the reporting of the incident as practicable. All the facts and the circumstances of each case are to be obtained and appropriate action taken. This includes, where necessary, reporting serious matters or repeated minor matters where an employee has failed to heed managerial guidance/correction for consideration by the appropriate delegate.

It is important that supervisors and managers carefully distinguish between conduct and behaviour related issues which are covered by the Code, as opposed to performance matters which should be addressed using performance management policies and procedures.

All employees are obliged to report either suspected or actual breaches of this Code to either the department or another appropriate public sector entity. The Public Sector Ethics Act 1994 (new window) , Whistleblowers Protection Act 1994 (new window) and the department's Student Protection Policy provide further guidance on reporting requirements. Employees may also raise concerns if they believe that, in the reporting process someone may not have acted in good faith in their allegations against another employee.

In the case of suspected or actual official misconduct or maladministration, procedural fairness does not mean that the person under investigation is to be presented with all the details of the allegations prior to an investigation. The relevant investigating authority will determine the appropriate timeframes for advising the person of the allegations and for their opportunity to respond. Official misconduct is to be dealt with in accordance with the department's obligations under the Crime and Misconduct Act 2001 (new window) .

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Obtaining advice

If employees are uncertain of the meaning and or application of the Code, it is important that they clarify their interpretation with a supervisor or manager in the first instance. Depending on the nature of particular issues or concerns, advice and support on the Code of Conduct and ethical dilemmas may be obtained from your Principal, Institute Director, Manager, Supervisor, or by contacting Regional or Institute of TAFE Human Resource Managers, or officers in Ethical Standards.

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Training

All employees are required to read this Code of Conduct, either before or soon after joining the department. It is also mandatory that all employees attend training on the Code and its implementation. Schools, Institutes of TAFE and work units should keep up to date records of staff participation in training.

The Public Sector Ethics Act 1994 (new window) , the Whistleblowers Protection Act 1994 (new window) and other relevant legislation can be found at the website of the Office of the Queensland Parliamentary Counsel . You should be familiar with other departmental policies and procedures and local policies that apply to your particular work.

The Department of Education and Training will provide appropriate education and training about public sector ethics based on the contents of this Code.

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