Ethics & Ethical Decision Making Training Program – Facilitators’ Guide Ethics training Enhancing ethical culture through ethical decision-making www.ethics.qld.gov.au Ethics & Ethical Decision Making Training Program – Facilitators’ Guide Contents Purpose Why the program was developed How the program was developed How to use this guide Program Structure The Topics: The Objectives: The Core Message Areas Tools to support the program Thanks and acknowledgment Ethics Training Program Concept Map 1 of 2 Ethics Training Program Concept Map 2 of 2 Exploring ethics What ethics are Personal ethics 3 3 4 4 5 6 6 6 6 7 8 9 10 10 11 Why ethics are important in the public service Why working ethically, as a Public Service Employee, is important The Qld public sector ethics Why these are the public sector ethics How I can demonstrate ethical responsibility Applying ethics Recognising an ethical dilemma, risk or breach Applying ethics to decisions and actions Responding to ethical risks and breaches Difficult questions Seeking ethics advice Committing to actions to demonstrate ethics Power point slides and notes Exploring ethics Applying ethics www.ethics.qld.gov.au 12 14 15 17 19 20 20 21 22 23 24 25 26 26 27 Ethics & Ethical Decision Training Making Program – Facilitators’ Guide 1 Purpose This program has been developed by the Public Service Commission to support the government’s commitment for annual mandatory training in ethical decision making. The program establishes key messages around the topics of exploring and applying ethics with a focus on the aspirational nature of the public sector ethics principles. 2 Why the program was developed On 6 August 2009, the Queensland Government released the paper Integrity and Accountability in Queensland to prompt public discussion on integrity and accountability issues. In response to the submissions received, the Queensland Government developed a program of integrity reform, including both legislative and administrative improvements, aimed at ensuring that Queensland stays at the forefront of open and accountable government. The program of reform identifies four key principles as underpinning a robust integrity and accountability framework. They are: strong rules - clear rules and standards, balancing proscription with positive values and aspirations, so that an exemplary standard of conduct is aspired to; strong culture - strong leadership, training and awareness and a conscious dedication to ethical values; strong scrutiny - transparent government processes, strong scrutiny mechanisms and strong agency cultures leading to enhanced internal scrutiny; and strong enforcement - a range of enforcement mechanisms and disciplinary measures in which processes are accessible and outcomes prescribed, as well as effective public interest disclosure mechanisms. The government recognises that a robust integrity system requires a public sector culture that emphasises strong leadership, training and awareness and a conscious dedication to ethical values. Appropriate training is required to ensure all public officials are fully aware of the way that their ethical obligations should be reflected in their conduct. All new employees are required to undertake Code of Conduct training. In addition to this, the government is introducing mandatory annual training in ethical decision-making for the public sector. Guideline www.ethics.qld.gov.au 3 Ethics & Ethical Decision Training Making Program – Facilitators’ Guide 3 How the program was developed This program was developed in consultation with Queensland public service agency representatives nominated through the Queensland Public Sector Ethics Network. This approach has promoted a shared understanding of the messages to be communicated and contributed to development of a flexible program structure to meet differing agency needs and circumstances. 4 How to use this guide The program establishes public service ethics training objectives and core messages, which form a base package from which agencies will develop training in ethical decision-making. This conceptual approach enables agencies to develop programs to meet their agency needs, while providing consistency of message across the service. In developing programs agencies should incorporate material that will assist participants to relate the core messages to their role and to meet the program objectives, including: ensuring all essential core message areas are covered (see clarification below regarding essential and desirable core message areas), incorporating agency examples and materials that are relevant to the agency and the participants receiving the training, using those ideas from the core message content and discussion that are relevant to the agency and the participants receiving the training, and using the tools provided and resources referred to that are relevant to the agency and the participants receiving the training. Agency training developers and facilitators should exercise discretion in using material from the program and incorporating agency-specific material to ensure that training will meet agency needs. It is not expected that trainers will use all the ideas from the core message content and discussion, nor all the slides, resources or other materials referred to in this guide. Agencies may decide to combine some of the core message areas and/or deliver them in a different order. Agencies may have other training programs that should incorporate objectives and materials from this program. To be clear: this program is designed to be tailored and used flexibly to best assist an audience to meet the program objectives. Guideline www.ethics.qld.gov.au 4 Ethics & Ethical Decision Training Making Program – Facilitators’ Guide 5 Program Structure The Program contains: Topics – 2 topics, exploring ethics and applying ethics, under which core messages are developed, Objectives – 6 learning outcomes for training participants, Core message areas – to implement the objectives and under which core content is developed, Rationale for core messages – explaining the purpose of the core messages Ethics trainers and advisors instructions – providing guidance about delivery of the core message Core message content and discussion – ideas to guide content for delivery of the core messages and program objectives, Related PowerPoint slides – these have been created for use in a variety of settings. It is not expected that agencies will use all slides, rather presenters should pick the relevant slides for the audience they are delivering too. In addition, agency-specific material will need to be used and may require creation of additional slides by the agency. Related resources for ethics trainers and advisors – a list of relevant service-wide documents has been included that may be useful to refer to for additional background/ and or for referring employees to, and Resources for incorporating agency focus – indicates the types of documents that may be relevant for supporting agency-specific material. Objectives and core message areas are categorised as either ‘essential’ or ‘desirable’. Essential items must be covered in agency training on ethical decision-making. (All non-shaded content is categorised as essential.) Desirable content (shown shaded) extends the program outcomes so that participants develop personal actions they will commit to in order to show a conscious dedication to ethics in their day to day work. This content can be used to enhance ethical culture and support implementation of ethics actions in Public Service Employee’s performance agreements. Guideline www.ethics.qld.gov.au 5 Ethics & Ethical Decision Training Making Program – Facilitators’ Guide 5.1 The Topics: Exploring ethics Applying ethics 5.2 The Objectives: Public Service Employees demonstrate an understanding of how public sector ethics relate to their role. Public Service Employees identify ethical dilemmas, risks and breaches at work. Public Service Employees can apply public sector ethics principles to ethical dilemmas. Public Service Employees are able to respond appropriately to ethical risks and breaches. Public Service Employees can access appropriate sources of advice for dealing with ethical issues. Public Service Employees identify actions they will commit to in order to uphold public sector ethics in their day to day work. . 5.3 The Core Message Areas The core message areas are presented in ethics program concept maps. Each core message area is explored in further detail in “rationale for core message’ and the ‘core message content and discussion’ in more detail, including lists of slides and resources relevant to this core message area. 6 Tools to support the program Guideline Ethics training program concept maps (2) – mapping the relationship between program objectives, topics and core message areas Core message area detail – including ‘core message content and discussion’, list of related PowerPoint slides, service-wide resources and resources to incorporate agency focus PowerPoint slides and notes Promotional material – poster, card. www.ethics.qld.gov.au 6 Ethics & Ethical Decision Training Making Program – Facilitators’ Guide 7 Thanks and acknowledgment Thanks and acknowledgement are due to members of the Queensland Public Sector Ethics Network and their nominees to the Queensland Public Sector Ethics Network Training Community of Practice, comprising representatives from the following agencies (in alphabetical order): Crime and Misconduct Commission Department of Public Works Department of Communities Department of Transport and Main Roads Department of Community Safety Integrity Commissioner Department of Employment, Economic Development and Office of the Information Commissioner Innovation Queensland Audit Office Department of Education and Training Queensland Health Department of Environment and Heritage Queensland Ombudsman Department of Infrastructure and Planning Queensland Police Service Department of Justice and Attorney-General Queensland Treasury Department of Premier and Cabinet Guideline www.ethics.qld.gov.au 7 Ethics & Ethical Decision Training Making Program – Facilitators’ Guide Ethics Training Program Concept Map 1 of 2 Topic Exploring ethics Objective Public Service Employees demonstrate an understanding of how public sector ethics relate to their role Core message area What ethics are Personal ethics Why ethics are important in the public service Why working ethically, as a Public Service Employee, is important The Qld public sector ethics. Why these are the public sector ethics principles How I can demonstrate ethical responsibility Guideline Rationale for core message This program aims to enhance public service ethical culture through employee behaviour and decision making. While clarification of required behaviour is important (as explored in Code of Conduct training), ethical culture is built through shared understanding and values. Our understanding of ethics and their relevance to serving the public is the foundation for putting ethics into practice. Although different people have different ethics and values, we all do have ethics and values. This program explores public sector ethics, the reasons for particular ethical principles being adopted, and how the ethical principles guide our behaviour in providing public services. Our commitment to public sector ethics is enhanced when we understand how public sector ethics principles relate to the fundamental function and structures of the public service. The fact that our role is to serve the people of Qld, and public money is used for us to do this, creates an obligation, which is confirmed in legislation, for us to act ethically. Each of us, at every level, contributes to the integrity and accountability of the public service and we can all demonstrate ethical leadership in how we perform our role. There are many positive reasons to work in public service and to aspire to upholding the highest ethical standards. To uphold public sector ethics we need to know what they are and what they mean; we need to understand the values that underpin an effective public sector. Our understanding of the public sector ethics is enhanced by understanding why these ethics are relevant to serving the public and have been identified as the Queensland public sector ethics principles. To understand our ethical responsibilities we need to understand how public sector ethics are relevant to the work of our agency and our roles and also to explore and reinforce this at an aspirational level by looking at how our roles contribute to outcomes for Queenslanders, and how this is supported by acting ethically, or impacted by unethical behaviour. www.ethics.qld.gov.au 8 Ethics & Ethical Decision Training Making Program – Facilitators’ Guide Ethics Training Program Concept Map 2 of 2 Topic Applying ethics Guideline Objective Public Service Employees are able to identify ethical dilemmas, risks and breaches at work Core message area Recognising an ethical dilemma, risk or breach Public Service Employees are able to apply public sector ethics principles to ethical dilemmas Applying ethics to decisions and actions Public Service Employees are able to respond appropriately to ethical risks and breaches Responding to ethical risks and breaches We need to know what our responsibilities are and how reporting of breaches will be managed to be comfortable to report concerns. Difficult questions We need to develop our skills in resolve difficult questions, where these arise in training, facilitators should model dealing with ethical dilemmas. To deal with ethical dilemmas we need to base our actions on ethical considerations rather than necessarily relying on workplace practices. We need to know who can help us think through what we should do and identify appropriate sources of advice, rather than sources who will reinforce negative norms. Public Service Employees are able to access appropriate sources of advice for dealing with ethical issues Seeking ethics advice Public Service Employees identify actions they will commit to in order to uphold public sector ethics in their day to day work Committing to actions to demonstrate ethics Rationale for core message Any work environment and role has risks: situations in which there are opportunities and temptations to act unethically. These situations may be created or affected by unwritten norms, practices and ‘rules’, both positive and negative, that operate in the workplace. We need to understand the risks and norms before we encounter ethically challenging situations, so that when we do, we are clearer about what we ought to do. Ethical decision making is not just about applying rules. Increasingly we are asked to decide what should be done, to make our own decision, in situations where the answer is not clear. The public sector ethics principles can assist us to identify what the right thing to do is. Participants should explore how they can integrate ethical behaviour into their day to day activities. The Capability & Leadership Framework can be used. Activities around this message area can feed into team and individual planning. www.ethics.qld.gov.au 9 Ethics & Ethical Decision Training Making Program – Facilitators’ Guide Topic Exploring ethics Objective Public Service Employees demonstrate an understanding of how public sector ethics relate to their role Core message area What ethics are Ethics Trainers & Advisors Instructions To understand why ethics are important, we need to know what they are. Explore this with participants, getting them to identify what they think ethics are and forming a shared understanding of ethics. The following ideas may be a useful starting point for discussion. Core message content and discussion To understand why ethics are important, we need to know what they are. Essentially, ethics can be defined as a means of answering the question: (in this situation) ‘What should I do?’ Behaving ethically can then be defined as ‘doing the right thing’. Sometimes it is clear what we should do, in these situations being ethical is about choosing to do the right thing. As public service employees we have legislation, policy and procedures that usually determine what is required of us. However sometimes what we should do is less clear; in these situations being ethical is about exercising judgement and identifying the right thing to do, given all the circumstances. The Public Sector Ethics Act 1994 (the PSEA) provides us with guidance in these situations by setting out the principles and values that we must take into account in deciding what the right thing to do is. There are many different approaches to answering the question ‘what should I do?’ Some of the key approaches are: Utilitarian Approach - identifying which action will result in the most good and least harm Rights Based Approach - identifying which action most respects the rights of everyone involved Fairness or Justice Approach- identifying which action treats most people fairly Common Good Approach - identifying which action contributes most to the quality of life of the people affected Virtue Approach - identifying which action embodies the character strengths you value Source of this summary: QHealth- ethical decision making model It may be that different approaches are needed in different circumstances and that a combination of these approaches is appropriate in others. Related Power Point Slides 1. what is the right thing to do? 2. Exploring ethics - program objective Guideline www.ethics.qld.gov.au 10 Ethics & Ethical Decision Training Making Program – Facilitators’ Guide Topic Exploring ethics Objective Public Service Employees demonstrate an understanding of how public sector ethics relate to their role Core message area Personal ethics Ethics Trainers & Advisors Instructions Understanding our own values and where they come from can help us understand the nature of ethics, and also allow us to draw a distinction between our personal ethics and those we must abide by as public service employees. Assist participants to explore their own ethical values and to understand that values are not universal/ not constant all the time in all circumstances, but that we do all have principles and values that are important to us. The following ideas may be a useful starting point for discussion. Core message content and discussion All of us have ethics, principles and values about the right way to behave, that are important to us. Sometimes these are identified when another person does not behave the way we think they should and so we find their behaviour rude, offensive, barbaric or worse. There are many principles and values that are broadly shared, such as prohibitions against killing other people, but even this value is not universal in all situations. Our ethics are learned so they differ from individual to individual and are affected by our family, religion, culture, schooling, professional obligations and social networks etc. Working with and for other people will regularly put us in situations where our ethics can be challenged and in situations where we need to behave appropriately. The Public Service Ethics Act/ Code of Conduct provides guiding principles of ethical behaviour as a public service employee. The Code of Conduct clarifies the actions we must take when there is a conflict between our public service ethics and our professional codes of ethics (for example as health care professionals or as lawyers), or with our personal beliefs or opinions: (a) always disclose a personal interest that could, now or in the future, be seen as influencing the performance of our duties. This will be done in accordance with our agency policies and procedures (b) actively participate with our agency in developing and implementing resolution strategies for any conflict of interest, and (c) ensure that any conflict of interest is resolved in the public interest. Code of Conduct for the Queensland Public Service Related Power Point Slides Related Resources for Ethics Trainers & Incorporating Agency Focus Advisors 3. what are my ethics?/ what Agency values are my ethics based on? Code of Conduct for the Queensland Public Agency Code of Conduct Standard of Practice Service Professional Codes/ Ethics/ Values Occupational Groupings: interests/ values Agency/ occupationally relevant examples/ scenarios Agency sources of information and advice Guideline www.ethics.qld.gov.au 11 Ethics & Ethical Decision Training Making Program – Facilitators’ Guide Topic Exploring ethics Objective Public Service Employees demonstrate an understanding of how public sector ethics relate to their role Core message area Why ethics are important in the public service Ethics Trainers & Advisors Instructions Our commitment to public sector ethics can be enhanced by understanding how public sector ethics principles relate to the fundamental function and structures of the public service. This core message area gets to the heart of the values that underpin effective public service. The following ideas may be a useful starting point for discussion. Core message content and discussion Peter Shergold AM, former Public Service Commissioner Australian Public Service argues that the nature of the public service make ethical behaviour a requirement: … the bottom line accountability for public servants is ethical (did I meet the public purpose as efficiently, effectively, equitably and openly as possible?) whereas for the private employees it is economic (did my work contribute to company profits and shareholder dividends?) Source: P Shergold: Ethics and the Changing Nature of Public Service, 1996 As the public service is funded by public money to implement the will of the people, as expressed by their elected representatives, public service employees have an obligation to behave ethically. An obligation is confirmed in legislation, including in the Public Service Act 2008 and the Public Sector Ethics Act 2004. (see diagram on slide 19 How is the public good determined?) The government also expects the highest standards of integrity and accountability from everyone in public office and has put in place an integrity and accountability framework with a program of reforms under four key principles: strong rules - clear rules and standards balancing proscription with positive values and aspirations so that an exemplary standard of conduct is aspired to strong culture - strong leadership, training and awareness and a conscious dedication to ethical values strong scrutiny - transparent government processes, strong scrutiny mechanisms, strong agency cultures leading to enhanced internal scrutiny strong enforcement - a range of enforcement mechanisms and disciplinary measures in which processes are accessible and outcomes prescribed. Effective public interest disclosure mechanisms. Source: Government Response to Integrity and Accountability in Queensland 2009 Related Power Point Slides 4. why are ethics important?/ why should you act ethically?/ how important are ethics in the public service? 5. Government focus on ethics – integrity & accountability review – 4 key principles Guideline Related Resources for Ethics Trainers & Advisors Government Response to Integrity and Accountability in Queensland 2009 DVD: Welcome; an introduction to the Queensland Government (for Queensland Government Employees, available from your agency HR or www.ethics.qld.gov.au Incorporating Agency Focus Agency values Professional Codes/ Ethics/ Values Occupational Groupings: interests/ values Agency/ occupationally relevant examples/ scenarios 12 Ethics & Ethical Decision Training Making Program – Facilitators’ Guide 6. Government focus on ethics – key principle strong rules 7. Government focus on ethics – key principle strong culture 8. Government focus on ethics – key principle strong scrutiny 9. Government focus on ethics – key principle strong enforcement 10. Ethics in practice - diagrammatic representation Guideline Public Service Commission Leadership & Development) Strong Rules: Dir 22/09 Gifts & Benefits Strong Rules/ Scrutiny: Integrity Act 2009 Strong Culture/ Enforcement: Public Interest Disclosure Act 2010 http://www.premiers.qld.gov.au/government/howgovernment-works.aspx www.ethics.qld.gov.au 13 Ethics & Ethical Decision Training Making Program – Facilitators’ Guide Topic Exploring ethics Objective Public Service Employees demonstrate an understanding of how public sector ethics relate to their role Core message area Why working ethically, as a Public Service Employee, is important Ethics Trainers & Advisors Instructions Each of us, at every level, contributes to the integrity and accountability of the public service and we can all demonstrate ethical leadership in how we perform our role. There are many positive reasons to work in public service and to aspire to upholding the highest ethical, and these should be explored with participant, drawing out how they get satisfaction from their roles. The following ideas may be a useful starting point for discussion. Core message content and discussion Many public service employees identify positively with the idea of public service. The Queensland Government ‘Making a Difference’ recruitment drive was built on this. Additionally this feeling of service is important in many professional and occupational groups. Positive experiences as a public service employee may include: Making a difference for Queenslanders Using public resources for the public good Building trust & credibility in the public service and in our roles, and Professional pride Ethics is the way we do our public service business of delivering government priorities to delivering outcomes for Queenslanders (see the diagram on slide 10 Ethics in practice). Making decisions ethically is one way of demonstrating this. Related Power Point Slides 4. why are ethics important?/ why should you act ethically?/ how important are ethics in the public service? 5. Government focus on ethics – integrity & accountability review – 4 key principles 6. Government focus on ethics – key principle strong rules 7. Government focus on ethics – key principle strong culture 8. Government focus on ethics – key principle strong scrutiny 9. Government focus on ethics – key principle strong enforcement 10. Ethics in practice - diagrammatic representation 11. Government focus on ethics – key principle strong culture – mandatory annual training in ethical decision-making Guideline Related Resources for Ethics Trainers & Advisors Government Response to Integrity and Accountability in Queensland 2009 Code of Conduct for the Queensland Public Service DVD: Welcome; an introduction to the Queensland Government (for Queensland Government Employees, available from your agency HR or Public Service Commission Leadership & Development) Strong Rules: Dir 22/09 Gifts & Benefits Strong Rules/ Scrutiny: Integrity Act 2009 Strong Culture/ Enforcement: Public Interest Disclosure Act 2010 www.ethics.qld.gov.au Incorporating Agency Focus Agency values Professional Codes/ Ethics/ Values Occupational Groupings: interests/ values Agency/ occupationally relevant examples/ scenarios 14 Ethics & Ethical Decision Training Making Program – Facilitators’ Guide Topic Exploring ethics Objective Public Service Employees demonstrate an understanding of how public sector ethics relate to their role Core message area The Qld public sector ethics Ethics Trainers & Advisors Instructions To uphold public sector ethics we need to know what the public sector ethics are and what they mean. Explore the meaning of the principles and values. The following ideas may be a useful starting point for discussion. Core message content and discussion Explore the Public Sector Ethics Act 1994 (PSEA) principles and the underpinning values for each principle and clarify their meaning for example: Integrity and impartiality - truthful, fair and honest and not prejudiced, unbiased, and just, Promoting the public good - actions that benefit the people of Queensland as a whole Commitment to the system of government - the government elected by the people and the laws and institutions (public service and courts) Accountability and transparency - act responsibly so our actions and decisions can be explained and are open and candid so our actions and decisions can be easily understood Public sector ethics and personal ethics are not always the same and public sector ethics must be abided by at work Related Power Point Slides 12. Public Sector Ethics Act 1994 – the four ethics principles on one slide 13. Integrity & impartiality – why this is a public sector ethics principle 14. Integrity & impartiality - + supporting values 15. Integrity & impartiality – exploring its meaning 16. Promoting the public good - why this is a public sector ethics principle 17. Promoting the public good - + supporting values 18. Promoting the public good - exploring its meaning Guideline Related Resources for Ethics Trainers & Advisors Public Sector Ethics Act 1994 Code of Conduct for the Queensland Public Service DVD: Welcome; an introduction to the Queensland Government (for Queensland Government Employees, available from your agency HR or Public Service Commission Leadership & Development) www.ethics.qld.gov.au Incorporating Agency Focus Agency values Agency Code of Conduct Standard of Practice Agency Policy and Procedures Professional Codes/ Ethics/ Values Occupational Groupings: interests/ values Agency/ occupationally relevant examples/ scenarios 15 Ethics & Ethical Decision Training Making Program – Facilitators’ Guide 19. Promoting the public good – diagrammatic representation 20. Commitment to the system of government - why this is a public sector ethics principle 21. Commitment to the system of government – + supporting values 22. Commitment to the system of government – exploring its meaning 23. Accountability & transparency - why this is a public sector ethics principle 24. Accountability & transparency – + supporting values 25. Accountability & transparency - exploring its meaning Guideline www.ethics.qld.gov.au 16 Ethics & Ethical Decision Training Making Program – Facilitators’ Guide Topic Exploring ethics Objective Public Service Employees demonstrate an understanding of how public sector ethics relate to their role Core message area Why these are the public sector ethics Ethics Trainers & Advisors Instructions Our understanding of the public sector ethics is enhanced by understanding why these ethics are relevant to serving the public and have been identified as the Queensland public sector ethics principles. Statements in the Public Sector Ethics Act 1994 linking the principles to the values (paraphrased below) explain the principles. The following ideas may be a useful starting point for discussion. Core message content and discussion Explore the Public Sector Ethics Act 1994 (PSEA) principles and the underpinning values for each principle and clarify their meaning for example: Integrity and impartiality - because: public office involves a public trust, public sector entities seek to promote public confidence in the integrity of the public service Promoting the public good - because: the public sector is the mechanism through which elected representatives of the people deliver programs and services for the benefit of the people of Qld Commitment to the system of government - because: public sector entities have a duty to uphold the system of govt and the laws of the State, Commonwealth and local government Accountability and transparency - because: public trust in public office requires high standards of public administration This message reinforces earlier messages about our responsibilities as public service employees, providing positive explanation for the public sector ethics principles that have been adopted. Related Power Point Slides 12. Public Sector Ethics Act 1994 – the four ethics principles on one slide 13. Integrity & impartiality – why this is a public sector ethics principle 14. Integrity & impartiality - + supporting values 15. Integrity & impartiality – exploring its meaning 16. Promoting the public good - why this is a public sector ethics principle 17. Promoting the public good - + supporting values Guideline Related Resources for Ethics Trainers & Advisors Public Sector Ethics Act 1994 DVD: Welcome; an introduction to the Queensland Government (for Queensland Government Employees, available from your agency HR or Public Service Commission Leadership & Development) www.ethics.qld.gov.au Incorporating Agency Focus Agency values Professional Codes/ Ethics/ Values Occupational Groupings: interests/ values Agency/ occupationally relevant examples/ scenarios 17 Ethics & Ethical Decision Training Making Program – Facilitators’ Guide 18. Promoting the public good - exploring its meaning 19. Promoting the public good – diagrammatic representation 20. Commitment to the system of government - why this is a public sector ethics principle 21. Commitment to the system of government – + supporting values 22. Commitment to the system of government – exploring its meaning 23. Accountability & transparency - why this is a public sector ethics principle 24. Accountability & transparency – + supporting values 25. Accountability & transparency - exploring its meaning Guideline www.ethics.qld.gov.au 18 Ethics & Ethical Decision Training Making Program – Facilitators’ Guide Topic Exploring ethics Objective Public Service Employees demonstrate an understanding of how public sector ethics relate to their role Core message area How I can demonstrate ethical responsibility Ethics Trainers & Advisors Instructions To understand our ethical responsibilities we need to understand how the public sector ethics are relevant to the work of our agency and our roles. We also need to explore and reinforce this at an aspirational level by looking at how our roles contribute to outcomes for Queenslanders, and how this is supported by acting ethically, or impacted by unethical behaviour. Assist participants to do this; the ideas and questions below may be a good starting point for discussion. Use agency and occupationally specific examples to put the principles and values into context. Core message content and discussion Ethics are not something to be brought out from time to time, acting with integrity is something Queenslanders expect from the public servants at all times of every day. What will it mean in your role to show conscious dedication to ethics every day, in all things? What does doing the right thing mean in your role, for example: What types of situations do you have to choose to do the right thing? and What types of situations do you have to work out what the right thing to do is? Related Power Point Slides 26. How will you demonstrate ethical responsibility at work? Guideline Related Resources for Ethics Trainers & Advisors Public Sector Ethics Act 1994 Code of Conduct for the Queensland Public Service DVD: Welcome; an introduction to the Queensland Government (for Queensland Government Employees, available from your agency HR or Public Service Commission Leadership & Development) www.ethics.qld.gov.au Incorporating Agency Focus Agency values Agency Code of Conduct Standard of Practice Agency Policy and Procedures Professional Codes/ Ethics/ Values Occupational Groupings: interests/ values Agency/ occupationally relevant examples/ scenarios Agency sources of information and advice 19 Ethics & Ethical Decision Training Making Program – Facilitators’ Guide Topic Applying ethics Objective Public Service Employees are able to identify ethical dilemmas, risks and breaches at work Core message area Recognising an ethical dilemma, risk or breach Ethics Trainers & Advisors Instructions Any work environment and role has risks: situations in which there are opportunities and temptations to act unethically and workplace practices and norms that may encourage unethical behaviour or wrongdoing. Assist participants to identify the risks and norms, positive and negative, in their environment and how they will respond to them. The following ideas may be a useful starting point for discussion. Use short agency and occupationally relevant examples and case studies to explore choosing to do the right thing. It may be helpful to re-focus on the ethics principles and values and their meaning, to assist participants to identify the impact of inappropriate actions, for example on the public trust in the public service. Assist participants in identifying appropriate sources of advice. Core message content and discussion Any work environment and role has risks: situations in which there are temptations to act unethically. These situations may be created or affected by norms (practices and unwritten rules), both positive and negative, that operate in the workplace. We need to identify and acknowledge the risks and norms before we are in ethically challenging situations, so that when we are in them, we are clearer about what we ought to do. There will be situations in which it is clear what we should do, but there other situations where it is less clear. It may help understanding to distinguish between moral temptations: when the right answer is a matter of identifying law or policy, and ethical dilemmas: when there is a continuum of right (or wrong) answers; the situation is not clear cut and the ethics principles must be balanced Source: Rushworth M Kidder in speech by Annwyn Godwin, APS Merit Protection Commissioner Related Power Point Slides 27. Applying ethics - program objectives 28. Recognising ethics dilemmas & risks Guideline Related Resources for Ethics Trainers & Advisors Public Sector Ethics Act 1994 Code of Conduct for the Queensland Public Service DVD: Welcome; an introduction to the Queensland Government (for Queensland Government Employees, available from your agency HR or Public Service Commission Leadership & Development) Strong Rules: Dir 22/09 Gifts & Benefits Strong Rules/ Scrutiny: Integrity Act 2009 Strong Culture/ Enforcement: Public Interest Disclosure Act 2010 www.ethics.qld.gov.au Incorporating Agency Focus Agency values Agency Code of Conduct Standard of Practice Agency Policy and Procedures Professional Codes/ Ethics/ Values Occupational Groupings: interests/ values Agency/ occupationally relevant examples/ scenarios Agency sources of information and advice 20 Ethics & Ethical Decision Training Making Program – Facilitators’ Guide Topic Applying ethics Objective Public Service Employees are able to apply public sector ethics principles to ethical dilemmas Core message area Applying ethics to decisions and actions Ethics Trainers & Advisors Instructions Ethical decision making is not just about applying rules. Increasingly we are asked to decide what should be done, to make our own decision, in situations where the answer is not clear. The public sector ethics principles can guide us in identifying what we should do in these situations. Participants will be working through ethical dilemmas. For this to be effective, use: participant-relevant examples/ scenarios to explore dealing with ethical dilemmas: situations where the ‘answer’ is not clear cut and ethical judgement is needed. your agency ethical decision making tool or the PSC 1,2,3,GO Ethical Decision Making Tool the Code of Conduct, applying the ethics principles in the first instance and then the values and standards of conduct to clarify the principles ask participants to explain how they used the principles to form their decision ask participants to identify the impact of their decision in terms of the ethics principles, both positive and negative impacts assist participants to identify appropriates sources of advice. Related Power Point Slides 29. Applying ethics to dilemmas - overview 30. Applying ethics to dilemmas – ethically testing decisions 31. 1,2,3. GO ethical decision making tool 32. 1,2,3. GO – 1. Throughout your decision 33. 1,2,3. GO – 2. filling the GAP in your knowledge 34. 1,2,3. GO – 3. GOT it sorted… then 35. 1,2,3. GO – ACT on your decision Guideline Related Resources for Ethics Trainers & Advisors Public Sector Ethics Act 1994 Code of Conduct for the Queensland Public Service PSC 1,2,3,GO Ethical Decision Making Tool Ombudsman’s Good Decisions Program Crime and Misconduct Commission Prevention Program www.ethics.qld.gov.au Incorporating Agency Focus Agency values Agency Code of Conduct Standard of Practice Agency Policy and Procedures and Decision-Making Models Professional Codes/ Ethics/ Values Occupational Groupings: interests/ values Agency/ occupationally relevant examples/ scenarios Agency sources of information and advice 21 Ethics & Ethical Decision Training Making Program – Facilitators’ Guide Topic Applying ethics Objective Public Service Employees are able to respond appropriately ethical risks and breaches Core message area Responding to ethical risks and breaches Ethics Trainers & Advisors Instructions A robust integrity and accountability system requires ethical risks and breaches to be reported. We need to know what our responsibilities are, and how reporting of breaches will be managed, to be comfortable to report concerns. Focus discussion on practical information about where to go for information, support or to report an issue. Provide agency information and external options. Include information about obligations regarding official misconduct and public interest disclosures. The Code of Conduct as an aspirational document sets an exemplary tone in this regard: The Code of Conduct describes how we will conduct ourselves in delivering services to the Queensland community: We are committed to upholding the intention and spirit of the principles and values. We take personal responsibility to uphold this Code and demonstrate the principles and values of the Public Sector Ethics Act 1994 by the way we perform our duties. We can all demonstrate ethical leadership in how we perform our role, and is a statement of our commitment to the people of Queensland, their elected representatives and our colleagues. As well as upholding the principles, values and complying with standards of conduct set out in this Code, we will also comply with all relevant legislation, awards, certified agreements, subsidiary agreements, directives, whole-of-government policies and standards. We will also adhere to the policies, organisational values and organisational documents of our employing agency. As part of demonstrating our commitment to uphold this Code, we need to identify and report conduct that is not consistent with this Code. Managers have a responsibility to make fair, transparent and consistent decisions regarding any allegations of behaviour that does not uphold this Code. Agencies will support employees who report genuine concerns of wrongdoing and manage any reports of suspected wrongdoing in a fair, transparent and consistent manner. Source: Code of Conduct for the Queensland Public Service Related Power Point Slides 36. Responding to ethics risks and breaches Guideline Related Resources for Ethics Trainers & Advisors Public Sector Ethics Act 1994 Code of Conduct for the Queensland Public Service Public Interest Disclosure Act 2010 Crime and Misconduct Commission Integrity Framework www.ethics.qld.gov.au Incorporating Agency Focus Agency values Agency Code of Conduct Standard of Practice Agency Policy and Procedures Professional Codes/ Ethics/ Values Agency/ occupationally relevant examples/ scenarios Agency sources of information and advice 22 Ethics & Ethical Decision Training Making Program – Facilitators’ Guide Topic Applying ethics Objective Public Service Employees are able to respond appropriately ethical risks and breaches Core message area Difficult questions Ethics Trainers & Advisors Instructions Questions will arise and will need working through. Trainers need to have a view: talk to people and use agency experience to identify and prepare for likely questions. Work through questions with participants to model dealing with ethical dilemmas. Questions that arise in training sessions should be recorded and refined for future delivery. The three issues that are discussed in the content have been identified in developing this program, and can be used where they are relevant to a particular audience. Core message content and discussion What if the law is wrong? Review the legislation, is the issue how the law has been interpreted, or the law itself? Raise the need for policy change or legislative amendment through your agency’s processes. If there is agreement that changes are needed, seek advice about what should be done with your decision. What if you don't agree with a direction or decision ? Discuss your concerns with someone you respect. Under the Code of Conduct you must comply with all reasonable and lawful work instructions, whether or not you personally agree with a given policy direction. You can refuse directions that are unreasonable or unlawful. Seek advice from someone whose opinion you value, who is honest and straightforward, before taking this step. What if you think a decision or action is not in the public interest? You may need to consider making a public interest disclosure: providing information to an appropriate organisation about wrongdoing in the public sector Seek advice from someone whose opinion you value who is honest and straightforward, before you make a public interest disclosure. Related Power Point Slides 37. Difficult questions – what if the law is wrong? 38. Difficult questions – what if you don’t agree with a direction or decision? 39. Difficult questions – what if you think a decision or action is not in the public interest? Guideline Related Resources for Ethics Trainers & Advisors Ethics Advisory Service: www.ethics.qld.gov.au Public Interest Disclosure Act 2010 www.ethics.qld.gov.au Incorporating Agency Focus Agency Code of Conduct Standard of Practice Agency Policy and Procedures Agency/ occupationally relevant examples/ scenarios Agency sources of information and advice 23 Ethics & Ethical Decision Training Making Program – Facilitators’ Guide Topic Applying ethics Objective Public Service Employees are able to access appropriate sources of advice for dealing with ethical issues Core message area Seeking ethics advice Ethics Trainers & Advisors Instructions To deal with ethical dilemmas we need to base our actions on ethical considerations. We need to know who can help us think through what we should do and identify appropriate sources of advice, rather than sources who will reinforce negative norms. Assist participants to identify appropriate sources of advice. Internal & external sources of advice & information. The following ideas may be a useful starting point for discussion. Core message content and discussion Seeking good advice is central to making an impartial and appropriate ethical decision. It is difficult to get perspective in isolation nor can you give yourself independent ethics advice. Clarify the issues and options for resolution by talking to someone independent who you respect. 7.1.1 What to consider when getting advice Collective knowledge and experience may help you make a more considered decision or you may need expert or legal advice. Review the issues and your options with someone you respect: ensure you are seeking advice from someone who will tell you what you NEED to hear, rather than what you want to hear. Keep your manager informed. Potential sources of advice: Internal – your supervisor, manager, work unit, branch, ethics or human resources or legal areas. External – Unions, employee assistance programs, legal advisors and certain agencies (see slide 41). Be mindful of privacy issues and maintain confidentiality. PSC Ethics Decision-Making – Guidelines for Ethics Practitioners Related Power Point Slides 40. Seeking advice 41. Seeking advice – sources of advice Guideline Related Resources for Ethics Trainers & Advisors Ethics Advisory Service: www.ethics.qld.gov.au www.ethics.qld.gov.au Incorporating Agency Focus Agency/ occupationally relevant examples/ scenarios Agency sources of information and advice 24 Ethics & Ethical Decision Training Making Program – Facilitators’ Guide Topic Applying ethics Objective Public Service Employees identify actions they will commit to in order to uphold public sector ethics in their day to day work Core message area Committing to actions to demonstrate ethics Ethics Trainers & Advisors Instructions Participants should explore how they can integrate ethical behaviour into their day to day activities. The Capability & Leadership Framework can be used. Explore the Code of Conduct values and standards of conduct in the context of agency/ occupationally relevant examples, risks and norms identified and against the Capability and Leadership Framework. Activities around this message area can feed into team and individual planning. The following ideas may be a useful starting point for discussion. Core message content and discussion Ethics are not something to be brought out from time to time, acting with integrity is something Queenslanders expect from the public servants at all times of every day. What will it mean in your role to show conscious dedication to ethics every day, in all things? What does doing the right thing mean in your role, for example: What types of situations do you have to choose to do the right thing? and What types of situations do you have to work out what the right thing to do is? Identify how you will meet CLF Capability 4: Displays personal drive & integrity Related Power Point Slides 42. How will you demonstrate ethical responsibility at work? Guideline Related Resources for Ethics Trainers & Advisors Public Sector Ethics Act 1994 Code of Conduct for the Queensland Public Service Capability & Leadership Framework DVD: Welcome; an introduction to the Queensland Government (for Queensland Government Employees, available from your agency HR or Public Service Commission Leadership & Development) Directive 22/09 Gifts & Benefits Integrity Act 2009 Public Interest Disclosure Act 2010 www.ethics.qld.gov.au Incorporating Agency Focus Agency values Agency Code of Conduct Standard of Practice Agency Individual Performance System Agency/ occupationally relevant examples/ scenarios Agency sources of information and advice 25 Ethics & Ethical Decision Training Making Program – Facilitators’ Guide 8 Power point slides and notes 8.1 Exploring ethics What are ethics 1. what is the right thing to do? 2. Exploring ethics - program objective Personal ethics 3. what are my ethics?/ what are my ethics based on? Why are ethics in the public service important? and Why is working ethically, as a public servant, important? – core messages combined in slides 4. why are ethics important?/ why should you act ethically?/ how important are ethics in the public service? 5. Government focus on ethics – integrity & accountability review – 4 key principles 6. Government focus on ethics – key principle strong rules 7. Government focus on ethics – key principle strong culture 8. Government focus on ethics – key principle strong scrutiny 9. Government focus on ethics – key principle strong enforcement 10. Ethics in practice 11. Government focus on ethics – key principle strong culture – mandatory annual training in ethical decision-making What are the Qld public service ethics? and Why are these public service ethics? – core messages combined in slides 12. Public Sector Ethics Act 1994 – the four ethics principles on one slide 13. Integrity & impartiality – why this is a public sector ethics principle 14. Integrity & impartiality - + supporting values 15. Integrity & impartiality – exploring its meaning 16. Promoting the public good - why this is a public sector ethics principle 17. Promoting the public good - + supporting values 18. Promoting the public good - exploring its meaning 19. Promoting the public good – diagrammatic representation 20. Commitment to the system of government - why this is a public sector ethics principle 21. Commitment to the system of government – + supporting values 22. Commitment to the system of government – exploring its meaning 23. Accountability & transparency - why this is a public sector ethics principle 24. Accountability & transparency – + supporting values 25. Accountability & transparency - exploring its meaning How do I demonstrate ethical responsibilities? 26. How will you demonstrate ethical responsibility at work? Guideline www.ethics.qld.gov.au 26 Ethics & Ethical Decision Training Making Program – Facilitators’ Guide 8.2 Applying ethics 27. Applying ethics - program objectives Difficult questions 37. Difficult questions – what if the law is wrong? 38. Difficult questions – what if you don’t agree with a direction or decision 39. Difficult questions – what if you think a decision or action is not in the public interest Recognising an ethical dilemma, risk or breach 28. Recognising an ethical dilemma, risk or breach Applying ethics to decisions and actions 29. Applying ethics to dilemmas - overview 30. Applying ethics to dilemmas – ethically testing decisions 31. 1,2,3. GO ethical decision making tool 32. 1,2,3. GO – 1. Throughout your decision 33. 1,2,3. GO – 2. filling the GAP in your knowledge 34. 1,2,3. GO – 3. GOT it sorted… then 35. 1,2,3. GO – ACT on your decision Seeking ethics advice 40. Seeking advice 41. Seeking advice – sources of advice Committing to actions to demonstrate ethics 42. How will you demonstrate ethical responsibility at work Responding to ethical risks and breaches 36. Responding to ethics risks and breaches Guideline www.ethics.qld.gov.au 27