Chapter 7: Personal behaviour

Conclusions

As this is the first year in which information has been sought on the number of investigations into suspected breaches of the Code, the elements of the Code that were suspected of being breached, and the sanctions applied, it is not possible to provide comment on how the numbers vary this year from previous years. Information on these issues will be sought for future reports to enable comparisons to be made.

The large variation in numbers of investigations will reflect in part the nature of each agency’s business and workforce, but it may also reflect a less rigorous and systematic approach in some agencies. The large variation in the imposition of the high-impact sanctions by large agencies also suggests that some agencies are more severe with the imposition of sanctions than others, though again this may reflect, at least in part, the importance of particular APS Values and elements of the Code of Conduct to the work of particular agencies.

A rigorous and systematic approach is important to ensuring APS employees take seriously the Values and Code of Conduct, and agencies need to ensure a reasonable degree of internal consistency if their approach is to gain the respect of employees. Greater effort could be devoted to raising awareness about the application of the Code and procedures for raising suspected breaches including, as noted above, by means of reports as mentioned in s. 16 of the PS Act. The APS Commission is intending to conduct an evaluation of management of breaches of the Code of Conduct in 2003–04, and will consider these and other relevant issues in the context of that evaluation. As well as feeding into next year’s report, this evaluation should provide material for a good-practice guide.

As noted in Chapter 3, there is still work to be done to raise awareness of whistleblowing procedures. While the low number of whistleblowing reports made during 2002–03 may reflect a lack of serious breaches of the Code on which to report, it may also reflect the lack of knowledge by employees of the scheme and how it operates or a lack of trust by employees in the scheme, and the protection that it offers from victimisation and discrimination. Increased effort by agencies to raise awareness of procedures for reporting a suspected breach of the Code and of the protection available under s. 16 of the PS Act to persons making reports, and to encourage employees to make disclosures in appropriate circumstances, may go some way towards addressing these issues.

Agencies have put in place a variety of measures to deal with conflict of interest, although there is room for improvement in a number of areas. Nearly a quarter of all agencies do not have in place measures to meet the government requirement for SES employees to make a written statement of their interests. There is also more to do in relation to regulation of post-separation employment, both outside the outsourcing situation and for those who have been involved in a tender process. These issues will be followed up in future reports.