This Code of Conduct is important for everyone associated with the education and training divisions of the Department of Education, Training and the Arts and its activities. As public service employees, we hold a special position of trust. We are employed at public expense for community benefit, as identified and determined by the elected government of the day.
The Code of Conduct provides us with a framework of ethical principles, obligations and standards that guide us in how our work is to be performed, our professional standards as public service employees and how we should conduct our relationships with others. The Public Sector Ethics Act 1994 
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defines the ethical principles and the obligations arising from those principles that we must all observe.
The Whistleblowers Protection Act 1994 (new window) complements the Public Sector Ethics Act 1994 by providing legal protection for the reporting of certain wrongdoing that adversely affects the public interest.
The code sets out the five principles of public sector ethics that we must observe in the performance of our duties:
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.
The Code places an obligation on all of us to take responsibility for our own conduct. To ensure that we uphold our obligations, the Code also provides the basis for disciplinary action for those who fail to meet their obligations. By upholding our obligations under the Code, we are helping to maintain public trust and confidence in the integrity and professionalism of the Department and ourselves.
The code includes references to relevant policies and documents. Changes to these references will be updated as necessary on the electronic Code of Conduct available on the Department's intranet and internet site.This Code applies to and binds all employees of the Department of Education, Training and the Arts, employees of the Australian Agricultural College Corporation, including public service employees seconded to perform work for the Department; people engaged by the Department on a traineeship, work performance or interchange arrangement who exercise authority or control resources on behalf of the department; agents who have actual, implied or ostensible authority to act on behalf of the department including members of boards and committees, delegates and decision-makers; and any constituent member of the department, whether holding office by election or selection.
While the code is not binding for contractors, consultants, volunteers and any other person working with the Department of Education, Training and the Arts, the continued association with the Department of these persons / organisations depends upon them observing and complying 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.
The requirements of the code apply at all times, when performing your work duties. However, it is important to note that misconduct for the purposes of determining liability for disciplinary action under the Public Service Act 1996 (new window) includes disgraceful or improper conduct in a private capacity that reflects seriously and adversely on the public service. While you are on leave or in your own personal time, you have the same rights as other citizens. However, as you are also a public official and perceived as such by the community, you have a responsibility to conduct yourself in a manner that will not undermine public confidence in the integrity of the Department.
As employees who hold special positions of trust, we must be accountable for our actions. Consequences of inappropriate behaviour and breaches of the code can come from the common law and the disciplinary provisions of Part 6 of the Public Service Act 1996 (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 may still incur liability for discipline.
If you are a supervisor or manager, you have an obligation to address breaches of the Code as soon after observation or reporting of the incident as practicable. All the facts and circumstances of each case are to be obtained and appropriate action taken including where necessary, reporting serious matters or repeated minor matters where an employee has failed to heed managerial guidance and correction for consideration by the appropriate delegate.
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:
All these disciplinary penalties would be in addition to any penalty issued by a Court for a breach of the general law.
Specific instances of either suspected or actual breaches of this code that must be reported to either the Department or another appropriate public sector entity are established in the Code of Conduct. 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.
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 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) . Breaches of the Code involving conflicts of interest may constitute official misconduct.
If you have challenged an instruction or decision and have not been able to successfully resolve the situation, or you believe that you have not been fairly treated, you may lodge a grievance in accordance with Grievance Resolution Directive 4/03 (new window) and departmental guidelines. If you are uncertain about your rights to lodge a grievance, you may seek advice from the relevant human resource management unit for your Department or public sector entity as identified in this Code - Application of the Code. You may also lodge a fair treatment appeal to the Public Service Commissioner, subject to the provisions of the Public Service Act 1996 (new window) , Public Service Regulation 1997 (new window) and any relevant directive.
(new window) which sets out the grounds upon which a decision or action may be challenged in the Supreme Court. If after reading the Code you are still unsure of how it applies to you, it is important that you discuss this with your 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 issues may be obtained from your Principal, Institute Director, Manager, Supervisor, or by contacting the Department's Ethical Standards section.
All employees are required to read this Code of Conduct, either before or soon after joining the Department. 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 the departmental policies and procedures Education Policy and Procedures Register (EPPR) and Training's Policy on Reporting and Investigation of Official Misconduct (new window) that apply to their particular work. The Department will provide appropriate education and training about public sector ethics based on the contents of this code.
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© The State of Queensland (Department of Education, Training and the Arts) 2006.