Principle 1: Respect for the law and the system of Government

Context:

Our system of Government is a parliamentary democracy consisting of three related components, the legislature, the executive, and the judiciary. Each component (including the public service which is the administrative arm of the executive government) is established and operates in accordance with the rule of the law.

As public officials, we are required to faithfully serve the elected government of the day by:

implementing Government policy
providing impartial and accurate advice to the Government of the day
administering laws passed by the Parliament, and
providing responsive service to the community in accordance with Government policy.

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In this Section:

Obligations

Standards:

Giving and carrying out lawful and reasonable directions
Challenging official decisions or directions
Employee obligations to report charges and convictions

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1.1 Obligations

1.1.1 All employees have an obligation to:

respect the rule of law and our system of parliamentary democracy by upholding:
1. Commonwealth, State and Local laws and regulations including any local area alcohol management plan restrictions which may apply in remote Indigenous communities
2. applicable professional standards and codes of practice that do not conflict with government or departmental policy
3. Department of Education and Training and whole-of-government directives, policies and proceduresapplicable industrial awards and agreements
  - respond prudently to known breaches of the law, departmental policies, whole-of-government policies and directives, as well as misconduct and maladministration. (Refer to APPENDIX 2 the Glossary of Terms for definitions of misconduct and maladministration)
  - impartially administer legislation on behalf of the Minister for Education and Training
  - faithfully implement the policies and mandate of the elected government
  - provide responsive service to the community and impartial advice to the government of the day
  - adhere to caretaker conventions when a Queensland state election is called
  - observe the convention of political neutrality in the performance of duties
  - respect the principle of equality before the law and extend due and fair process to individuals and organisations
  - comply with lawful and reasonable directions from your supervisor, a delegated authority, or your employing authority
  - make decisions and give reasonable and lawful directions within your delegated authority
  - strive to create and implement high-quality education and training services that are consistent with government policy
  - advance student learning and the public interest
  - be familiar with legislation, regulations, (professional) codes or standards that are relevant to your work role
  - provide information and assistance to parliamentary committees or inquiries when required to do so.

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1.1.2 These obligations do not detract from your duty to act independently of the government of the day if that independence is required by legislation or government policy, or is a customary feature of your work.

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1.2 Standards

The following sections outline the standards you must adopt in your daily work for the Department.

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1.2.1 Giving and carrying out lawful and reasonable directions

All staff should promptly, conscientiously and effectively comply with all lawful and reasonable decisions and directions from their supervisor, a delegated authority, or employing authority. You will not knowingly or deliberately by overt or covert acts or omissions, impede compliance or implementation of a lawful and reasonable decision or direction.

A supervisor will make competent decisions, be open to positive and constructive questions about their direction, give guidance and directions to an employee that are fair and reasonable, and be mindful of their legal and organisational responsibilities and delegations.

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1.2.2 Challenging official decisions or directions

You should be receptive to constructive feedback and try diligently to improve your performance to achieve the department's mission and objectives.
Consistent with this approach, you are entitled to challenge or question a decision or direction if you believe it to be unlawful, unethical, unfair or unreasonable.
Before challenging or questioning a decision or direction (that does not involve misconduct), you should seek to discuss the matter with your supervisor and attempt to understand the basis for the decision or direction. You should only then express the reasons for your concerns or reservations about the decision or direction. Trivial and vexatious objections are unacceptable.
Wherever possible, the person whose decision or direction is challenged or questioned by a staff member should listen to their concerns and reservations, then review their decision or direction in the light of this discussion.
If your concerns remain unresolved after this review, you may communicate your objection to more senior officers in the department. You may elect to use the department's grievance procedure, if attempts at informal resolution are unsuccessful or would be inappropriate to use in the circumstances.
If you reasonably believe the instruction or decision involves criminal activity, official misconduct or maladministration, you are to instead notify the department 's Crime and Misconduct Commission (CMC) Liaison Officer or another appropriate authority immediately (e.g. the Crime and Misconduct Commission, the Queensland Police Service, the Ombudsman 's Office). The Director, Ethical Standards, is the department 's CMC Liaison Officer and Public Interest Disclosure Contact Officer.
You are obliged to comply with decisions or directions while consideration is given to your objection, except when:
1. it involves actions which you reasonably consider to be unlawful or a danger to a person 's health and safety
2. you have a genuine objection to the instruction or decision (e.g. the direction may involve maladministration or would be unconscionable)
3. it appears unreasonable because it goes beyond what is appropriate in the circumstances (e.g. lack of resources, competence to comply or could be achieved significantly more effectively another way), or
4. a conflict arises between the Code and a relevant professional code of ethics or code of conduct.
If an objection involves an issue of conscience, the department will seek to work cooperatively with you to resolve the conflict.
If the review finds that the decision or direction is lawful, ethical, fair and reasonable, you must comply with the decision or direction.

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Example 1: Challenging a decision - Appropriate challenge, response and action

A teacher disagrees with the decision of her principal to allocate school funds to one project in preference to another. The teacher invites the principal to share his thinking behind the decision and describes her concerns about the implications if the other project is not funded. The principal listens to the concerns and discusses possible options with the teacher. After further discussion, the principal acknowledges the teacher's concerns, but finds his original decision should stand. The decision is lawful, ethical, fair and reasonable. The teacher complies with the action required to implement the decision.

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Example 2: Non-compliance with a lawful and reasonable decision - Inappropriate conduct

An employee asks his supervisor if he can use his accrued time entitlement on the Friday of the next week. The supervisor declines to approve the request explaining that some new and unexpected urgent work needs to be completed by the following Monday. The supervisor suggests that the employee take a day off after this deadline. The employee is unhappy with this decision, does not attend for duty on Friday, and claims accrued time on his time sheet. The employee has engaged in misconduct and would be liable for disciplinary action.

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1.2.3 Employee obligations to report charges and convictions

Under Section 181 of the Public Service Act 2008 (new window) you are obligated to immediately provide details to the Department if you are charged with an indictable offence (e.g. stealing, assault, sexual offences etc.) or convicted of an indictable offence. The department will consider whether disciplinary or other action needs to occur because of the charge or conviction. For advice on these matters contact Ethical Standards.

Staff are reminded of their obligations under the Queensland College of Teachers Act 2005 (new window) and the Commission for Children and Young People and Child Guardian Act 2000 (new window) to notify relevant managers and agencies if there is a "change in an employee 's criminal history "; that is, an employee is charged with or convicted of an offence.

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