Home page
> Archive > Guidelines on official conduct of Commonwealth public servants - a summary
> Employment policy and advice
‹ Previous page
Last updated: 10 February 1996
Guidelines on official conduct of Commonwealth public servants - a summary
Please note: This document is for reference purposes only and is no longer considered by the APS Commission to be current. It may contain good practice advice and/or advice on the transitional arrangements between the 1922 and 1999 Public Service Acts.
Introduction
It is important for public servants to be aware of their rights and responsibilities both externally in dealing with clients, the public, ministers and the Parliament and within the Australian Public Service (APS) in dealing with other public servants.
The Management Advisory Board recognises that most members of the public service know what good conduct is. It also recognises that it is not possible to legislate for integrity.
This booklet is a brief summary of the Guidelines on Official Conduct of Commonwealth Public Servants. The Board considers that the Guidelines represent key reference material which can contribute to a uniform, high standard of conduct and behaviour in the public service. A high standard of conduct is central to the concept of an effective contemporary public service.
This summary does not have the answer to every problem of ethics or conduct that may arise at work. It provides a set of principles and guidance which will point to an answer in many cases and is intended to provide a user-friendly reference to these matters.
However, this abridged document should not be used as the main reference document on official conduct. When issues of significant concern arise, officers should refer to the more comprehensive Guidelines and consider whether to discuss the issues with other officers. There is much to be gained from discussing such problems with peers and with experienced and respected colleagues.
The main principles of official conduct
The Management Advisory Board, in Building a Better Public Service (MAB-MIAC Publication No 12, July 1993), identified six key public service values. The values are:
- responsiveness to government;
- a close focus on results;
- merit as the basis for staffing;
- the highest standards of probity, integrity and conduct;
- a strong commitment to accountability; and
- continuous improvement through teams and individuals.
The official conduct expected of people working in the APS is based on the highest standards of probity, integrity and conduct. The values articulated by the Management Advisory Board provide a fundamental guide to public service behaviour.
Legislation also prescribes aspects of official conduct within the APS. This legislation includes provisions of the Public Service Act 1922, the Public Service Regulations and the Crimes Act 1914.
Key Public Service Regulations
Two of the key Public Service Regulations setting out standards of official conduct are Regulations 8A and 8B, which state:
Duties of officers
8A. An officer shall:
- perform with skill, care, diligence and impartiality the duties of his or her office, or any other office whose duties he or she is directed to perform, to the best of his or her ability;
- comply with any enactments, regulations, determinations, awards or departmental instructions applicable to the performance of his or her duties;
- comply with any lawful and reasonable direction given by a person having authority to give the direction;
- have regard to any official guidelines or recommendations applicable to the performance of his or her duties;
- in the course of his or her duties treat members of the public and other officers with courtesy and sensitivity to their rights, duties and aspirations;
- provide reasonable assistance to members of the public in their dealings with the Service and help them understand their entitlements and any requirements with which they are obliged to comply;
- avoid waste, or extravagance in the use, of public resources;
- not take, or seek to take, improper advantage, in the interests, pecuniary or otherwise, of the officer, any other person or any group, of any official information acquired, or any document to which he or she has access, as a consequence of his or her employment;
- and at all times behave in a manner that maintains or enhances the reputation of the Service.
Conflict of interests
8B. An officer who has an interest, pecuniary or otherwise, that could conflict with the proper performance of his or her duties shall, as soon as possible after the relevant facts have come to the officer's notice:
- disclose that interest to his or her supervisor; and
- take whatever action is required to avoid that conflict.
Serving the Government
Responsiveness and Impartiality
The public service exists to provide advice to, and give effect to the policies of, the government of the day, whatever its political make-up.
As a public servant, your main responsibilities to the government are:
- to carry out decisions and implement programs promptly, conscientiously and effectively; and
- to provide advice which:
- represents the facts accurately;
- is impartial and maintains a high standard of professional integrity;
- is sensitive to the intent and direction of government policy; and
- is as comprehensive as practicable in setting out the advantages and disadvantages of the main options available and their consequences.
In both policy development and program implementation, you need to exercise judgement as to which facts are most relevant, which policy options are most applicable and which considerations in delegated decision-making are most important. In exercising judgement, merit should be the basis of considering choices to be made or put forward for consideration. You should also ensure that ministers are aware of the values which underlie the policy advice you have given.
You need to be sensitive to the distinction between service to the government and political activity of a partisan kind, especially when elections are being held. You should also be aware of the conventions relating to the caretaker period, the arrangements for pre-election consultation with the Opposition and you should know how to handle requests by ministers which are believed to be partisan. Further details on these conventions can be found in The Guidelines for Pre-election Consultation with the Opposition.
Where you have doubts about the correctness of a request for material or facilities, you should raise the matter with a senior officer in your department. It may in turn be necessary for the senior officer to discuss the matter with the minister or the minister's office.
For general guidance on providing information to individual members of Parliament, you should refer to the Government Guidelines for Official Witnesses before Parliamentary Committees and Related Matters - November 1989.
Accountability
Public acceptance of government and the roles of public servants depends on trust and confidence. This trust is founded on the practice of government and administration accounting for its actions.
Public servants are employed by the Commonwealth to enable the government of the day to give effect to its policies. This includes ongoing administration of existing policy, providing advice to ministers on changes to policy and assisting them in fulfilling their parliamentary obligations.
The responsibility of the Parliament to scrutinise the activities of the government and to examine the expenditure of public monies means that public servants are required to give information directly to the Parliament, and in particular its committees. Public servants appearing before parliamentary committees should read the government guidelines for official witnesses referred to above.
Public servants are frequently required to exercise statutory powers, often as delegates of ministers or other office-holders. When exercising statutory powers, you must understand the specific requirements of the legislation, any requirements of procedural fairness, and the relative degrees of responsiveness to, and independence from, the views of others, including ministers and supervisors, that may be required.
Further information on accountability is available in Accountability in Commonwealth Public Sector (MAB-MIAC Publication No 11, June 1993). Chapter 1 of the Guidelines on Official Conduct of Commonwealth Public Servants includes a brief summary of the main points set down in the MAB-MIAC publication.
Efficiency, effectiveness, professionalism and integrity
Working professionally
You are expected and are required to work with skill, care, diligence and impartiality.
This requirement is fundamentally important for public servants. It is explicitly set out in the regulations, which require public servants to comply with Acts, regulations, determinations, awards and departmental instructions which apply to the performance of their duties (Regulation 8A(b)).
You are required to comply with lawful and reasonable directions and to perform your duties in keeping with official guidelines. You are entitled to question specific directions if you believe a direction is unreasonable. You are also entitled to question the way in which duties are to be performed, particularly if you believe there are more effective or efficient ways of doing your work. Ultimately, however, if a supervisor's direction is legal and no reasons of conscience prevent you from carrying it out, the direction must be followed.
You should be aware that a failure to comply with the Public Service Act or its regulations or determinations is misconduct.
The way you behave, both on and off the job, can affect the reputation of the public service. You must be aware of Regulation 8A(i) and behave in a manner that does not discredit the reputation of the public service.
You should be scrupulous in you use of Commonwealth information, money, property, goods or services. Under the Public Service Regulations, you are required to avoid waste or extravagance in the use of public resources (Regulation 8A (g)). As well as avoiding waste and extravagance, you have a responsibility to care for and maintain Commonwealth property. Departmental secretaries are responsible for the use that is made of official facilities and you should be familiar with any relevant policies issued within your department.
As a general guide, your dress and appearance should be in accordance with standards appropriate to your duties. Some department prescribe standards of dress for their staff, particularly if they have contact with the public. Where standards are prescribed, they must be followed.
Public comment on political and social issues
Public comment includes comment made on political or social issues in public speaking engagements, radio or television interviews, letters to the press or books or notices, or in other circumstances where it is reasonably foreseeable that the comment will flow to the community at large.
There is little restriction on the majority of public servants making public comment. However, there are some circumstances in which it is not appropriate for you to make public comment. There may be circumstances, for example, where making such comment could amount to taking improper advantage of official information and involve a breach of Public Service Regulation 8A(h), or give rise to a conflict of interests (Regulation 8B).
Situations which might render public comment improper include where a public servant, and particularly a senior public servant, is making public comment in a private capacity, but has not made this fact clear to the audience, who may be under the impression that the public servant is speaking on behalf of a department or the government.
Participating in political activities
If you intend to stand for election to Federal Parliament, a State Parliament, the Northern Territory Legislative Assembly or the ACT Legislative Assembly, you should seek legal advice about your obligation to resign from the public service. However, you do not need to resign to stand for election to a local government body.
If you play a significant part in a political compaign, there is potential for a conflict of interests between issues which are raised as part of that campaign and your official duties. The conflict should be discussed with a supervisor. Public servant participating in political campaigns, or fund raising and canvassing, must not use official facilities when campaigning.
Wearing political material while on duty or displaying political material in the office is a matter of judgement. If your duties involved direct public contact, it may not be appropriate to wear or display political material at work. Doing this may give the impression that your department endoreses the political material.
Participating in industrial activities
You have the right to join the union which represents you and you may participate in union activities.
Privacy of personal information
The public service collects and holds substantial amounts of information on individuals, some of which is confidential and highly sensitive.
If your duties involve collecting or accessing personal information, you should familiarise yourself with all relevant legislation and guidelines concerning safeguarding the privacy of this information. These include the Privacy Act 1988, Public Service Regulations 8A(h) and 35, the Crimes Act, the Freedom of Information Act 1982 and the Archives Act 1983. In effect, the legislation provides for the purpose and manner of collecting personal information, its storage and security, and use and disclosure.
Managing official information
The fundamental rule on the use of official information is that you must not disclose any official information to any person unless you are acting in the course of your official duties; or with the express authority of the secretary of your department; or for other lawful purposes, for example, under the requirements of the Freedom of Information Act.
It is important that you do not misuse information gained in your official capacity. Examples of misuse include speculation in shares on the basis of confidential information; and taking advantage of another person on the basis of information held about the person in official records.
Using official facilities
Secretaries of departments are responsible for the use that is made of official facilities and may have issued policies on the use of these facilities. You should be familiar with these. The fundamental principle underlying such policies is that Commonwealth property is to be used for official purposes and is to be managed efficiently and effectively.
Avoiding improper use of official powers
You must not:
- use your official position in order to influence a person to enter a financial arrangement or some other arrangement with you or with anyone else; or
- influence, or try to influence your colleagues by giving them gifts, or by entering into financial arrangements or other arrangements with them.
Discretionary powers should be used properly. Improper uses of such powers identified in the Administrative Decisions (Judicial Review) Act 1977 include taking irrelevant facts into consideration, failing to take all relevant facts into consideration and not having regard to the merits of each particular case.
Conflict of interest
Financial or other private interests
You need to be aware that there may be areas of your private interest, both financial and personal, which could conflict with your official duties. Financial interest may include directorships, shareholdings, real estate or trusts.
Regulation 8B of the Public Service Regulations places the onus on you to:
- be alert to any actual or potential conflict of interests, financial or otherwise;
- disclose to your supervisor situations where you private interest may conflict with your official duties; and
- take steps to avoid the conflict.
Failure to follow this regulation may constitute misconduct and could lead to disciplinary action under the Public Service Act.
The secretary of your department decides what action is appropriate to resolve the conflict of interest and you may be advised to abandon or divest an interest.
If you are in the Senior Executive Service (SES) and above, or acting in an SES position for more than three months, you are required to provide written statements of your own private interests and those of your immediate family to the secretary of your department to the extent to which they are known.
Acceptance of gifts or other benefits
You must not use your official position to obtain a private benefit either for yourself or for someone else. Benefits include offers of gifts, sponsored travel, benefits under frequently flyer schemes, airline lottery type prizes, substantial hospitality, accommodation and hire car discounts, and entertainment. Similar restrictions apply to your family where the gift or benefit is a direct result of your official duties.
Gifts or benefits can only be accepted with the written approval of the secretary or in accordance with departmental directions. The directions are only a guide and you should use careful judgement in deciding whether to accept a gift or benefit. In situations of doubt, the matter should be discussed with your supervisor.
The acceptance of gifts and benefits which are offered during overseas visits or by foreign dignitaries can be sensitive and you should refer to PSC circular 1991/07 of 22 July 1991 for advice, if necessary.
A bribe is a gift' given with the intention of influencing a public servant to take or not to take a specific action. It is an offence under the Crimes Act for a public servant to accept a bribe.
Outside employment while working in the public service
You need to have the approval of the secretary of your department before you perform work outside the public service. The work should not conflict or interfere with the performance of your official duties. Outside employment includes paid work and unpaid voluntary work.
Acceptance of business appointments
The guidelines on acceptance of business appointments apply to all public servants, but are likely to be of most relevance to secretaries and to members of the SES.
There is no provision in the Public Service Act, the regulations, or any other legislation which restricts the type of employment that may be undertaken by a former officer after he or she resigns or retires from the public service.
Where you are intending to take up a business appointment after resigning or retiring, conflicts of interests are most likely to arise where your work involves, for example Commonwealth purchasing functions; anticipated or actual contractual relationships between the Commonwealth and the proposed employer; or knowledge of government intentions which could confer direct pecuniary advantage on those able to participate. Similarly, an appointment with a business or body, for example, in or anticipating a constructural relationship with the Commonwealth, or in receipt of Commonwealth loans, guarantees or other form of capital assistance, could raise immediate issues of conflict of interests.
Where you have been offered a business appointment, and your duties or the employment offered fall into one of the categories described above, you should notify the secretary of your department in writing. (Other categories which may apply are listed in the Guidelines.) This notification should outline any relationship between your official duties and the proposed appointment, and should describe any possible conflict of interests which you perceive.
In common law there is a general rule that a person is not to be restrained from using skill, knowledge or experience gained in the course of employment. However, an exception to this general rule is the doctrine of breach of confidence which protects information of a confidential nature imparted to an officer in circumstances where an obligation of confidence is imposed.
Working with others
Section 22B of the Public Service Act requires secretaries of departments to develop Equal Employment Opportunity Programs in consultation with relevant staff organisations and such other persons as the secretary considers appropriate. The act also requires staff who exercise powers in relation to employment matters to have regard to their department's EEO program (s. 22B(5)).
You must not harass fellow public servants or members of the public. Service-wide guidelines on Eliminating Sexual Harassment and Eliminating Workplace Harassment are administered by the Public Service Commission.
Each department has an industrial democracy plan and you should be aware of any aspects of the plant that place requirements on you. The personnel area of your department should be able to assist you with any questions you have about industrial democracy.
You should also be aware of the obligations placed on you by the occupational health and safety legislation to maintain healthy and safe workplaces.
You should not be under the influence of alcohol or other drugs in the workplace. By government policy, the APS is a smoke free environment.
Whistleblowing and fraud
Whistleblowing
The Commonwealth is currently reviewing its policy position on whistleblowing. Under current Public Service Regulations, you may disclose official information to the public or to another department only where:
- it is in the course of your official duty to do so; or
- the secretary of your department has expressly authorised that disclosure (Regulation 35).
The Public Service Regulations provide a general mechanism enabling you to lodge grievances about a wide range of departmental actions which affect your own employment. Under this mechanism, grievances are dealt with first within your department. If you remain aggrieved after your department has made its decision on the grievance, you may then take the grievance to the Merit Protection and Review Agency.
You may also complain to the Commonwealth Ombudsman where you believe that a department has acted wrongly in its decision-making in certain areas. The Ombudsman has wide-ranging powers to obtain information and documents in the investigation of such complaints. The provisions of the Ombudsman Act 1976 (s. 37) provide a complainant with protection from civil actions if they complain in good faith.
Fraud
Fraud against the Commonwealth is defined in the Commonwealth's fraud policy as inducing a course of action by deceit or other dishonest conduct, involving acts or omissions or the making of false statements, orally or in writing, with the object of obtaining money or other benefit from, or of evading liability to, the Commonwealth.
Suspected fraud should normally be reported to senior management in your department. If you report fraud, you should be aware of your obligations in relation to the disclosure of information. Sometimes people (public servants and outsiders) may want to keep their identity secret when they come forward with information. Departments will, as far as possible, maintain confidentiality so as to protect these people from reprisals or victimisation in their local area.
Minor incidents of fraud are investigated by the department concerned in the first instance. Significant fraud should be reported to the Australian Federal Police by the department's senior management.
Fraud can result in penalties under the Crimes Act and the Proceeds of Crime Act 1987. Public servants who commit fraud may also face misconduct charges under the Public Service Act and face loss of superannuation entitlements under the Crimes (Superannuation Benefits) Act 1989.
Best Practice for Fraud Control, which is published by the Attorney-General's Department, is a major reference on the subject of fraud control.
If you work in an area where fraud is suspected or has occurred, you may need to be interviewed by fraud investigators or give evidence. It you believe that the answers you give to the questions may implicate you in the fraud, you have a right not to answer those questions.
