CODE OF CONDUCT
INCORPORATING THE ACT PUBLIC SERVICE
CODE OF CONDUCT
June 2014 – V1.4
Amendment history
Version no.
Issue date
Amendment details
Author
1.0
11/2010
Initial release
TAMS HR
1.2
08/2012
Amended to include social media use; TAMS HR
TAMS dress standards.
1.3
11/2012
Incorporated ACTPS Code of Conduct; TAMS HR
Amendments to reflect DirectorGeneral approval required for alcohol
consumption/carriage;
inserted
amendment history; updated to
accessible
formatting;
minor
amendments flowing from changes to
the Public Sector Management
Standards.
1.4
6/2014
Updated references to reflect new TAMS HR
Enterprise Agreements.
Page 1
Table of Contents
Amendment history ...................................................................................................... 1
Table of Contents .......................................................................................................... 2
ACT Public Service Code of Conduct ............................................................................... 5
ACTPS Employee Values ............................................................................................................. 5
ACT Public Service Signature Behaviours ................................................................................... 6
Summary of the TAMS Code of Conduct ........................................................................ 7
Reporting a breach of the Code of Conduct ............................................................................. 10
Message from the Director-General ............................................................................. 11
1. Introduction ............................................................................................................ 13
Why do we have a TAMS Code of Conduct? ............................................................................ 13
What is the basis for the TAMS Code of Conduct? ................................................................... 13
2. Applying the TAMS Code of Conduct ........................................................................ 15
Who does the TAMS Code of Conduct apply to? ..................................................................... 15
When does the TAMS Code of Conduct apply? ........................................................................ 15
What are my responsibilities under the TAMS Code of Conduct? ........................................... 15
What happens if I act inappropriately? .................................................................................... 16
Reporting a breach of the TAMS Code of Conduct................................................................... 17
3. The TAMS Code of Conduct and your obligations ..................................................... 18
Act with Integrity ...................................................................................................................... 18
Decision making..................................................................................................................... 18
Conflict of interest ................................................................................................................. 18
Gifts and benefits................................................................................................................... 19
Page 2
Outside employment (commonly known as a second job) .................................................... 19
Public comment ..................................................................................................................... 19
Media liaison ......................................................................................................................... 20
Communicating with members of the Legislative Assembly ................................................. 20
Internet and email use ........................................................................................................... 20
Social media ........................................................................................................................... 21
Confidentiality of information ............................................................................................... 22
Disclosure of information ...................................................................................................... 22
Selection processes ................................................................................................................ 23
Be Accountable ......................................................................................................................... 23
Know the law and the policies that apply to your work ........................................................ 23
Responsiveness and diligence ................................................................................................ 24
Record Keeping ...................................................................................................................... 25
Be Respectful ............................................................................................................................ 25
Show respect for others ......................................................................................................... 25
Supervise employees responsibly .......................................................................................... 26
Bullying and harassment ....................................................................................................... 26
Be Professional ......................................................................................................................... 27
Act professionally .................................................................................................................. 27
Work to the best of your ability ............................................................................................. 28
Work safely ............................................................................................................................ 28
Impairment from alcohol or drugs ........................................................................................ 29
Smoke Free Workplaces......................................................................................................... 29
Expectations of Dress Standards ........................................................................................... 29
4. Where to get further help to understand your responsibilities ................................. 31
APPENDIX A – Section 9 of the Public Sector Management Act 1994 ..................................... 33
General obligations of public employees ................................................................................. 33
APPENDIX B – Table Summary of the TAMS Code of Conduct ................................................. 34
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Page 4
ACT Public Service Code of Conduct
The Commissioner for Public Administration launched the ACT Public Service (ACTPS) Code
of Conduct in October 2012. The ACTPS Code of Conduct establishes Employee Values
and Signature Behaviours that define the ACTPS as an organisation. Through the Territory
and Municipal Services Directorate (TAMS) Code of Conduct, the Directorate has built
upon the ACTPS Code of Conduct by detailing how we conduct ourselves in meeting these
standards.
ACTPS Employee Values
Respect – in the ACTPS means treating others with the sensitivity, courtesy and
understanding we would wish for ourselves, and recognising that everyone has something
to offer. It means thinking “would I be happy if this was happening to me” and rests on a
foundation of fundamental decency in our dealings with colleagues and clients alike.
Integrity – in the ACTPS means being apolitical, honest, dependable, and accountable in
our dealings with ministers, the Parliament, the public and each other. It means
recognising achievement, not shirking uncomfortable conversations and implies a
consistency in our dealings with others.
Collaboration – in the ACTPS means actively sharing information and resources, working
together towards shared goals and asking “who else do I need to talk to to get this right”.
It means actively seeking opportunities for breaking down unhealthy silos and relies on
genuine engagement with colleagues in the ACTPS and with the broader community.
Innovation – in the ACTPS means asking “but why”, actively seeking out new and better
ways of doing what we do (as well as better things to do), and not settling for how it has
always been. It means empowering colleagues at all levels to raise new ideas and
necessitates sensible and thoughtful engagement with risk.
Page 5
ACT Public Service Signature Behaviours
In demonstrating respect...
1. We take pride in our work
2. We value and acknowledge the contribution of others
3. We relate to colleagues and clients in a fair, decent, caring and professional
manner
In demonstrating integrity...
4. We do what we say we’ll do and respond appropriately, especially when the
unexpected occurs
5. We take responsibility and are accountable for our decisions and actions
6. We engage genuinely with the community, and manage the resources entrusted to
us honestly and responsibly
In demonstrating collaboration...
7. We work openly and share appropriate information to reach shared goals
8. We actively seek out other views when solving problems and value and act on
feedback on how we can do things better
In demonstrating innovation...
9. We look for ways to continuously improve our services and skills
10. We are open to change and new ideas from all sources
Page 6
Summary of the TAMS Code of Conduct
The ACT Territory and Municipal Services Directorate (TAMS) Code of Conduct sets out the
standards of behaviour expected of all TAMS employees to meet their obligations as
detailed in the ACTPS Code of Conduct and Public Sector Management Act 1994.
The TAMS Code of Conduct expands on the Employee Values and Signature Behaviours
established by the ACTPS Code of Conduct, prescribing how TAMS employees must
conduct themselves.
Reference to specific linkages between the TAMS Code of Conduct and ACTPS Employee
Values of Respect (1), Integrity (2), Collaboration (3), and Innovation (4) is made with
these numbers.
As TAMS employees, you are expected to:
act with integrity (2)
be accountable (1,2,3,4)
be respectful (1,2,3,4)
be professional (1,2,3,4)
These behaviours are summarised below, and apply to
all dealings with Ministers, customers, the community,
supervisors/managers and colleagues.
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Act with Integrity (2)
Acting with integrity is about behaving ethically at work and in all your dealings with
people. You act with integrity by:

making fair and transparent decisions; (2)

reporting any suspected fraud, corruption or criminal conduct to your
supervisor/manager; (2)

telling your supervisor/manager about any personal interest, beliefs or
opportunities to benefit in a matter that could influence your ability to perform
your duties and responsibilities, including any gifts you receive at work; (2)

never using your position improperly for personal gain or to gain an advantage in
your private life, including favours for family and friends; (2)

making it clear if you make public comments about work matters that these are
your personal views; (2)

using government information and communication technology appropriately,
including any email and internet use; (2)

accessing information only when it is part of your job; and (2)

releasing official information only when authorised or it is already publicly
available. (2)
Be Accountable (1,2,3,4)
As a TAMS employee, you are accountable to your colleagues, supervisors/managers, the
Director-General and the ACT Government for your actions. You demonstrate
accountability by:

having a working knowledge of the laws and policies that apply to your work; (2)

carrying out any lawful and reasonable directions you are given; (3,4)

providing advice that is honest; (3,4)

being open about reporting mistakes, and dealing justly with others when mistakes
are made; (1,2,3,4)

arriving and departing work at the times specified or agreed by your
supervisor/manager, and notifying of any planned or unexpected absences; (1,2)
Page 8

ensuring that money and resources are used properly and not wasted; (1,2,3,4)

not taking or misusing any government property; and (1,2,3,4)

maintaining records and securing them appropriately. (2)
Be Respectful (1,2,3,4)
TAMS is committed to delivering services and creating workplaces where people are
respected and diversity is embraced. You show respect to others by:

treating people with courtesy, honesty and fairness; (1,2,3,4)

respecting different values, beliefs, cultures and religions; (1,2,3,4)

working cooperatively and respecting the contribution of the people who work
with you; (1,2,3,4)

not harassing, bullying, intimidating or unlawfully discriminating against other
people; and (1,2,3)

reporting any incidents of harassment or bullying by the public or another
colleague, including acts of violence, aggression or intimidation, to your
supervisor/manager. (1,2,3,4)
Be Professional (1,2,3,4)
You will always try to act professionally and in a manner that builds the reputation of
TAMS. You demonstrate professionalism by:

dealing with individuals and groups fairly, effectively and impartially; (1,4)

working to the best of your ability; (1,2,3,4)

working safely and reporting all workplace health and safety incidents to your
supervisor/manager; (1,2,3,4)

maintaining a clean and tidy appearance and wearing a uniform/Personal
Protective Equipment if required; (2,3)

representing TAMS appropriately; and (2,3)

avoiding conduct that could damage the reputation of TAMS. (3,4)

Note: The above principles are also summarised in table form at Appendix B.
Page 9
Reporting a breach of the Code of Conduct
You are required to report any suspected breaches of the TAMS Code of Conduct or
official misconduct that you become aware of at work. Report your concerns to your
supervisor/manager, or seek advice from TAMS Human Resources on (02) 6207 6737 or by
email at TAMS.HRInfo@act.gov.au.
Where fraud or corruption is suspected, you are required to report this to the Senior
Executive Responsible for Business Integrity Risk (SERBIR), either directly or through your
supervisor/manager. The SERBIR can be contacted on (02) 6207 2645 or by email at
TAMS_SERBIR@act.gov.au.
This summary of the TAMS Code of Conduct is a guide only. To ensure you fully
understand your responsibilities, you should read the full TAMS Code of Conduct. Please
note that the TAMS Code of Conduct does not replace the legal requirements of section 9
of the Public Sector Management Act 1994.
Page 10
Message from the Director-General
Working in TAMS, we have an obligation and responsibility to the ACT
Government, to the community, to our colleagues and to ourselves to
act and behave appropriately. What we do and say at work reflects
both our personal values and those of the Directorate.
Every day, as we go about delivering our services, people observe us
and comment on our actions and behaviours. I am often reminded that
one of the main reasons people enjoy working in TAMS is because of
the work environment and the fact that we all work well together. This
is something of which we can be proud.
For TAMS, I expect the highest level of integrity and accountability in everything we do. I expect
in our dealings with each other and the community we will continue to show respect and
tolerance, noting that sometimes we will face challenges and frustrations. I expect at all times
we will act as a professional public service, displaying high ethical standards that set the
example to which others should aspire.
These high ethical standards reflect the position in which we have been placed by government
and the public to carry out important service delivery functions. Our personal standards of
behaviour such as integrity, respect, diligence, and courtesy should be unrivalled. Our ethical
behaviour must be reflected by our use of resources in an efficient, effective and ethical way,
consistent with the requirements of the Financial Management and Accountability Act 1997.
The TAMS Code of Conduct does several things:

It supplements and explains how TAMS implements the ACT Public Service Code of
Conduct;

It sets out those actions, standards of behaviour and level of professionalism I expect of
all staff and identifies those behaviours that will not be tolerated;

It should deter conduct that would weaken public confidence in our behaviours while
reinforcing our reputation as an organisation that is trustworthy, well behaved,
responsive and provides value for money;

It should promote ethical behaviour and integrity by encouraging staff to fulfil their
obligations and responsibilities in the workplace, which will subsequently be reflected in
the services we deliver; and

It provides guiding principles to assist decision making in the course of our daily work.
Page 11
Everyone is responsible for adhering to this Code of Conduct. I expect everyone to read it and
act in accordance with it. For the supervisors/managers in TAMS I place the additional
responsibility of ensuring all your staff understands it.
Both the Government and community need to be confident in our capacity to efficiently,
effectively and ethically administer public money and property, provide good services, and work
diligently and professionally. These things go to very core of who we are and what we do.
Gary Byles
Director-General
Page 12
1. Introduction
Why do we have a TAMS Code of Conduct?
All TAMS employees are expected to achieve and demonstrate
high standards of conduct and work performance to ensure that
public confidence in the ACT Public Service (ACTPS) is
maintained.
The purpose of the TAMS Code of Conduct is to provide guidance
relating to the ACTPS Code of Conduct and section 9 of the Public
Sector Management Act 1994 (Appendix A) and refer to other
relevant legislation and policies that govern behaviour. It details
the standard of behaviour TAMS expects from our employees to
comply with legislative and other policy requirements.
As an employee, it is your responsibility to understand your obligations and maintain an
awareness of your rights. This document aims to support you to do this.
What is the basis for the TAMS Code of Conduct?
Your responsibilities and behaviours as ACT public employees are governed by legislation,
agreements and policies, including the:

Public Sector Management Act 1994 (the PSM Act) and Public Sector Management
Standards 2006 (the PSM Standards)

ACT Public Service Code of Conduct

Fair Work Act 2009 and Fair Work Regulations 2009

Safety, Rehabilitation and Compensation Act 1988

Work Health and Safety Act 2011

Financial Management and Accountability Act 1997

Workplace Privacy Act 2011

Relevant Enterprise Agreements

ACTPS Respect, Equity and Diversity (RED) Framework.

ACTPS Integrity Policy and Code of Ethics

Acceptable Use of ICT Resources Policy
Page 13

Director-General Financial Instructions
Section 6 of the PSM Act provides the following ACTPS values and principles:
(a)
service to the public;
(b)
responsiveness to —
(i)
the requirements of the government;
(ii)
the needs of the public;
(c)
accountability to the government for the ways in which functions are performed;
(d)
fairness and integrity;
(e)
efficiency and effectiveness.
Page 14
2. Applying the TAMS Code of Conduct
Who does the TAMS Code of Conduct apply to?
This Code of Conduct applies to all TAMS employees, agents, contractors, labour hire,
volunteers and Board appointees, whether permanent, temporary, full-time, part-time or
casual.
Employees are those who have obligations under the PSM Act, and include temporary and
casual staff. While agents, contractors, labour hire, volunteers and Board appointees are not
considered employees, TAMS expects that the principles and behaviours reflected in this Code
of Conduct will apply to these people and/or service providers.
When does the TAMS Code of Conduct apply?
You are required to display behaviour consistent with the TAMS
Code of Conduct when you are:

undertaking any component of your official duties;

in the workplace or in a work related context;

participating in work related social activities; or

able to be identified as a TAMS employee or a
representative of TAMS.
What are my responsibilities under the TAMS Code of Conduct?
All employees are responsible for ensuring that their behaviour reflects the standards outlined
in the TAMS Code of Conduct. Supervisors/managers will support employees to understand
their responsibilities under the TAMS Code of Conduct, demonstrate appropriate behaviours
through leading by example and take necessary action when inappropriate behaviour is
identified.
Supervisors/managers will ensure that agents, contractors, labour hire, volunteers and Board
appointees are aware of their obligations to behave in a manner consistent with the TAMS Code
of Conduct.
Page 15
What happens if I act inappropriately?
Action may be taken where conduct is considered inconsistent with the behaviour expected by
the Directorate, as expressed by this Code of Conduct.1 In determining the action to be taken,
the nature and seriousness of the behaviour will be considered.
Supervisors/managers will respond to any allegation of misconduct in accordance with the
requirements of the TAMS EA and ACTION EA, your applicable contract, or as otherwise
appropriate having regard to the circumstances of your engagement with TAMS.
If there is a suspected breach of section 9 of the PSM Act, the following actions may be taken:

an investigation under section H of the TAMS EA and section G of the ACTION EA

in cases of suspected criminal activity, referral to the Australian Federal Police. 2
The consequences for agents, contractors, labour hire, volunteers and Board appointees that
display behaviour inconsistent with this Code of Conduct will depend on the nature of the
agreement between that person or service provider and the Directorate.
Information on misconduct and discipline procedures is available on the TAMS Intranet and on
the Shared Services Customer Service Portal. Alternatively, TAMS Human Resources can provide
further information and advice.
1 Please note formal discipline action can only be undertaken against employees where there has been a breach of
the PSM Act and/or Standards.
2 Consistent with section 17 of the Standards.
Page 16
Reporting a breach of the TAMS Code of Conduct
You are required to report any inappropriate workplace behaviour, suspected breaches of the
TAMS Code of Conduct or official misconduct of which you become aware at work.3 Report your
concerns to your supervisor/manager, or seek advice from TAMS Human Resources on
(02) 6207 6737 or by email at TAMS.HRInfo@act.gov.au.
You have a right to query decisions or actions that impact on your employment. In the first
instance, you should raise the matter with your supervisor/manager. Alternatively, contact
TAMS Human Resources.
Where fraud or corruption is suspected, this is required to be reported to the Senior Executive
Responsible for Business Integrity Risk (SERBIR), either directly or through your
supervisor/manager. Persons reporting suspected fraud or corruption are protected under the
provisions of the Public Interest Disclosure Act 1994.
A guide on Public Interest Disclosures and the TAMS Fraud and Corruption Plan 2011-2013 is
available on the TAMS Intranet.
3 Consistent with section 9 (q) of the PSM Act.
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3. The TAMS Code of Conduct and your obligations
Act with Integrity
Decision making
The decision making process will ensure that:

processes are fair and transparent;

all matters are considered on their merits without regard
to outside influences or personal interests, including
political views and activities;4

decisions are made in an unprejudiced, objective and
efficient manner precluding the perception, potential for,
or undertaking of fraudulent or corrupt behaviour;5 and

any delegated authority is exercised in a manner that
demonstrates an understanding of the authority and the
limitations of the delegation.
Report any suspected fraud, corruption or criminal conduct to your supervisor/manager, or to
the SERBIR. For further information, the ACTPS Integrity Policy is available on the Chief Minister
and Treasury Directorate (CMTD) website.
Conflict of interest
A conflict of interest may exist if you have any personal interest, beliefs or opportunity to
benefit in a matter that could influence your ability to perform your duties and responsibilities.
You will disclose to your supervisor/manager any actual, apparent or potential conflicts of
interest, arising from personal, financial or any other interests, which may affect your work
performance or the Directorate’s reputation.6 You will not use your official position to harass or
oppress another person or to coerce a member of the public or another employee unlawfully.7, 8
4 Consistent with section 9 (b) of the PSM Act.
5 Consistent with section 9 (c) and (k) of the PSM Act.
6 Consistent with section 9 (j) of the PSM Act.
7 Consistent with section 9 (g) of the PSM Act.
Page 18
You will not use your position in TAMS for personal gain, nor to gain an advantage in your
private life by, for example, arranging jobs, transfers or benefits for family or friends. You will
maintain an awareness of perceived or potential conflicts of interest and discuss with your
supervisor/manager appropriate ways to address possible issues.
Gifts and benefits
All gifts or benefits offered or received, related in any way to the performance of your official
duties, must be reported to your supervisor/manager who will advise you on the correct
procedure to follow. Further guidance on gifts and benefits is in the ACTPS Code of Ethics on the
CMTD website and the TAMS Guidelines for Hospitality, Gifts and Benefits on the TAMS
Intranet.
Note: gifts of money must not be accepted under any circumstances.
Outside employment (commonly known as a second job)
A second job means employment other than your primary employment position and includes
paid employment, business involvement, Board appointments, company positions, voluntary
work or any other profitable activity outside official duties. The approval of the Directorate is
required before you undertake any of these activities or perform work outside of official duties.9
If you are considering undertaking a second job please discuss with your supervisor/manager
and complete the Application for Approval for a Second Job form, available on the Shared
Services Customer Service Portal.
Public comment
As a private citizen, you have the right to make public comments of your personal views on
political and social issues. However, it is recommended that you refrain from making public
comments on matters that you are involved in as an ACTPS employee, as such comments could
be perceived as reflecting the official view of the Directorate. If you do make comment in those
circumstances, it is important that:

you make it clear those comments represent your personal views as a private citizen;

the comments do not raise reasonable doubt about your willingness to objectively
implement government policies;

the comments do not amount to a personal attack;
8 Consistent with section 9 (f) of the PSM Act.
9 Consistent with section 11 of the Standards.
Page 19

the comments do not lead to a breach of confidentiality or disclosure of information that
is not in the public domain; and

you do not use ACT Government resources for this purpose.
Comment made through social media should be considered in accordance with this Code of
Conduct (refer to the ‘Social media’ section below).
Media liaison
If you are contacted by the media, do not provide information or comment on any issue without
approval. Pass the enquiry directly to the Director of Governance on (02) 6207 5040 and alert
your supervisor/manager or Director.
If you wish to contact the media for publicity or promotion purposes, you must first obtain
approval from your Executive Director and notify the Governance team. More information on
managing media matters can be found in the TAMS Media Guidelines on the TAMS Intranet.
Communicating with members of the Legislative Assembly
Any communication with members of the Legislative Assembly undertaken as part of your
official duties will be through formal communication channels to ensure any information
released has the appropriate approval.
If a Minister (or their office) that has portfolio responsibilities that fall within the Directorate
contacts you as part of your official duties, you are required to take details of their request. You
will notify your Director or Executive Director and the Director, Governance before providing
any information to ensure the correct approval to release information is in place.
If other members of the Legislative Assembly or their office contact you as part of your official
duties, you will advise your Director and refer the request to the Minister’s office responsible.
In your capacity as a private citizen, you have the right to communicate directly with members
of the Legislative Assembly on any issue affecting you as a private citizen. However, ACT
Government resources are not to be used for this purpose (for example, using government
email or letterhead).
Internet and email use
You will not create, send or access information on the internet
or through email at work or via remote access that could:

damage the
Government;
reputation
of
TAMS
or
the
ACT
Page 20

be considered or perceived by the receiver of the information as victimisation or
harassment;

lead to criminal penalty or civil liability;

be reasonably found to be offensive, obscene, threatening, abusive or defamatory;

undermine or compromise the ACT Government’s network or equipment; or

be misleading or deceptive.
This includes pornography or other offensive materials. Breaches of these requirements are
taken seriously and may result in discipline action.
The Acceptable Use of ICT Resources Policy is available on the Shared Services Customer Service
Portal and the TAMS Guidelines for Email Use and other electronic communication tools are
available on the TAMS Intranet.10
Social media
Employees must be aware that their comments expressed in social media forums - such as
Facebook and Twitter or RiotACT - may lead to discipline action where the comments are found
to be inappropriate and a connection to the workplace is established. A connection to the
workplace may exist where the nature of the comments identify the person making them as a
TAMS or ACT Government employee. A delegate can determine such connection exists whether
or not TAMS or the ACT Government has been expressly identified.
Inappropriate comment includes, but is not limited to, those of an offensive, obscene,
threatening, abusive or defamatory nature, whether in reference to, or directed towards, a
colleague, a member of the public, the Directorate or ACT Government. An employee found to
have posted inappropriate comments in a social media forum may be subject to discipline
action in accordance with the TAMS Enterprise Agreement.
Despite privacy mechanisms in many social media tools, your content should be considered
public. Accordingly, employees are advised to exercise discretion in determining what content
they express in social media. Where a perceivable connection might exist between such content
and the workplace, it is important to ensure that the content accords with values and
requirements of the TAMS Code of Conduct and the ACTPS Respect, Equity and Diversity
framework.
Using ACT Government ICT Resources for activities that might be inappropriate is forbidden and
may lead to disciplinary action being taken.
10
Consistent with section 9 (o) of the PSM Act and section 22 of the Standards.
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Confidentiality of information
You will:

collect and manage personal and sensitive information responsibly and transparently in
accordance with the Workplace Privacy Act 2011;

access information regarding a customer or another employee only when it is part of
your job, it is lawful or when specific consent is given;11

avoid discussions involving customer or employee details with other colleagues or
members of the public who do not have a professional need to know; and

act in accordance with the law when releasing any information, to maintain client
privacy and employee confidentiality.12
If in doubt, seek clarification from your supervisor/manager about how to deal with or release
information. Further information on your obligations under the Workplace Privacy Act 2011 is
available on the ACT Legislation Register and on the TAMS Intranet.
Disclosure of information
You may only release information obtained through your work for TAMS where:

its release is authorised by statute of regulation or as required by law;

the information is not considered confidential;

the information is already available in the public arena;

the information would normally be given to a member of the public; and

it is part of your official work duties and is consistent with this Code of Conduct.
If you attempt to access, use or disclose information other than for official purposes and/or
without the approval of the Directorate this may be considered misconduct.13
Upon ceasing employment with the ACTPS, you will not use confidential information gained in
employment with the ACTPS without the appropriate approval. This includes advantaging a new
11
Consistent with section 9 (m) of the PSM Act.
12
Consistent with section 9 (m) of the PSM Act.
13
Consistent with section 9 (k), (l) and (m) of the PSM Act.
Page 22
or potential) employer or disadvantaging the ACTPS in commercial or other relationships with
that employer14.
Selection processes
All recruitment and selection processes will be fair, transparent and based on merit, reflecting
the principles of fairness outlined in Recruitment in the ACT Public Service guide.
Be Accountable
Know the law and the policies that apply to your work
You will comply with all ACT Government and Directorate policies,
procedures and guidelines. To assist in this you will have a working
knowledge of the laws, policies and industrial entitlements that
apply to your work, including this Code of Conduct.15
Further to this, you will exercise reasonable care, skill and diligence
to ensure that information and advice provided to the public, upon
which they are likely to rely, is accurate.16 This includes:

assisting the public to understand their entitlements and requirements according to the
laws within which we operate;

proactively explaining how government policies, programs and services are applied to
ensure that the community fully understands how these policies, programs and services
operate;

providing information on the rights and responsibilities of clients and customers; and

making available procedures on how to lodge complaints and provide feedback to the
Directorate.17
Supervisors/managers have a responsibility to assist employees to understand relevant
legislation or policies including specific legal requirements. Supervisors/managers will ensure
that any appropriate security clearances are maintained and adhered to, and that your access to
files is undertaken within the security level allocated.
14
Consistent with section 9 (m) of the PSM Act and section 18 and 626A (Executives) of the Standards.
15
Consistent with section 9 (h) of the PSM Act.
16
Consistent with section 9 (a) of the PSM Act.
17
Consistent with section 9 (e) of the PSM Act.
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Responsiveness and diligence
As a public employee, you are required to carry out any lawful and reasonable directions you
are given by a person with the appropriate authority.18 The Directorate expects that you will
implement government decisions promptly, conscientiously, efficiently and effectively. To do
this, you will:

provide advice that is honest, comprehensive, accurate and timely, in a clear and
succinct manner;19

exercise sound judgement, be open about reporting mistakes
supervisor/manager, deal justly with employees when mistakes are made;

comply with the TAMS Attendance Policy by arriving and departing work at the times
specified or agreed by your supervisor/manager, and notifying of any planned or
unexpected absences;

be open and transparent with the use and expenditure of all public money, being
mindful of public scrutiny of government resources;

ensure that resources are used properly, not wasted and not used extravagantly;20

not take or misuse any property that does not belong to you.21 Theft and fraud are not
acceptable and action will be taken by the Directorate to investigate those cases;22

use government vehicles appropriately, as outlined in the policy and guidelines indicated
below;

effectively participate in regular performance management reviews, or if a
supervisor/manager, implement these reviews for any employees you supervise;23

participate in any audit, internal or external review processes in an honest, open and
responsive manner; and

prepare or contribute to reports and other documents to meet the Directorate’s
statutory and administrative reporting requirements as required.
18
Consistent with section 9 (i) of the PSM Act.
19
Consistent with section 9 (c) of the PSM Act.
20
Consistent with section 9 (o) & (p) of the PSM Act.
21
Consistent with section 9 (o) of the PSM Act.
22
Consistent with section 15 of the Standards.
23
Consistent with section 559 of the Standards.
and
if
a
Page 24
The ACT Public Service Non-executive Passenger and Light Commercial Vehicle Management
Guidelines is available on the CMTD website. The TAMS guidelines on travel and home garaging
of government vehicles are available on the TAMS Intranet. The TAMS Attendance Policy and
further information on attendance and leave is also available on the TAMS Intranet.
Record Keeping
You will ensure that:

all significant decisions or actions are documented to a standard that would withstand
independent scrutiny;

good record keeping practices are maintained, as required under the Territory Records
Act 2002;

sensitive information is kept out of sight in an appropriate area (for example, locked
cabinets); and

material produced for, and belonging to, the Directorate is not removed without the
approval of the Director-General.
The Territory Records Act 2002 is available on the ACT Legislation Register website. For more
information, refer to the Territory Records Office website and the TAMS Record Management
Policy and Procedures.
Be Respectful
Show respect for others
To show respect for others you will always:
24

treat all people with courtesy and honesty, being aware and sensitive to their rights,
duties and aspirations, including different values, beliefs, cultures and religions;24

act in a manner that conveys an understanding of the principles of equity and diversity
and that meets the requirements of equal opportunity, human rights and antidiscrimination legislation; and

work cooperatively and respect the contribution of the people who work with you.
Consistent with section 9 (d) of the PSM Act.
Page 25
Further information on the ACTPS Respect, Equity and Diversity Framework is available on the
CMTD website.
Supervise employees responsibly
Supervisors/managers have added responsibilities for creating respectful workplaces. They are
expected to:

lead by example;

encourage teamwork and promote a culture of openness;

avoid bias or favouritism and make fair, transparent and consistent decisions;

support employees to improve their skills and performance;

encourage employees to ask questions and promote a learning environment;

foster a positive and motivated work environment;

ensure employees understand performance expectations and that their performance is
objectively assessed against these standards;

take employees concerns seriously and act without delay;

provide clear and constructive feedback to employees and welcome their feedback; and

address inappropriate behaviour that may result in a breach of the TAMS Code of
Conduct promptly to avoid escalation.
Bullying and harassment
Bullying and harassment in the workplace is inappropriate and unacceptable. This includes:

harassing, bullying, violent, aggressive and intimidating behaviour towards others;

unlawfully discriminating against others;

inappropriate behaviour towards other employees or to members of the public;25 or

inappropriate behaviour from a member of the public to a TAMS employee.
All employees have the right to expect to work in a safe and healthy work environment and you
should not tolerate any violent, aggressive and/or intimidating behaviour towards you.
25
Consistent with section 9 (f) of the PSM Act.
Page 26
You are required to report any incidents of violent, aggressive and/or intimidating behaviour to
your supervisor/manager, or contact TAMS Human Resources for further advice or assistance.
Reported incidents can be investigated with a view to preventing or minimising any aggression
or violence in the future.
Supervisors/managers are expected to provide leadership in eliminating bullying and other
aggressive or coercive behaviours. Employees found to have conducted or condoned bullying or
harassment may be subject to discipline action.
The Work Health and Safety Act 2011 imposes responsibilities on both employers and
employees to take steps to prevent or reduce the likelihood of bullying occurring in the
workplace, with further information available on the Work Safe ACT website and in the ACTPS
RED Framework.
Be Professional
Act professionally
You will always try to act professionally and in a manner that builds the
positive reputation of TAMS. This includes:

performing official duties with skill, care and diligence;26

performing your role in a fair and unbiased way;27

dealing with all individuals and groups fairly, effectively and
impartially;28

maintaining a professional appearance, with presentation to be clean, tidy and
appropriate for your work role, and in line with occupational health and safety
requirements;

where a uniform/Personal Protective Equipment is required, wearing it as directed; and

maintaining professional relationships with colleagues, customers and the public.
26
Consistent with section 9 (a) of the PSM Act.
27
Consistent with section 9 (c) of the PSM Act.
28
Consistent with section 9 (b) of the PSM Act.
Page 27
Work to the best of your ability
All employees will perform their duties to the best of their ability with care, competence and
efficiency.29 You will endeavour to:

maintain and improve your knowledge and skills;

take a whole-of-government view, drawing on professional knowledge and expertise and
consulting relevant stakeholders to understand their different perspectives; and

provide practical and realistic options and undertake an assessment of their costs,
benefits and consequences.
Work safely
All employees are responsible for taking reasonable action to protect
the health, safety and welfare of themselves and others in the
workplace by providing and maintaining a safe work environment.30 This
includes:

complying with instructions given for workplace health and
safety;

reporting all workplace health and safety problems, hazards and
incidents to your supervisor/manager; and

using any personal protective equipment provided for work.
A supervisor/manager will ensure work safety by managing risk, which means taking all
reasonable and practical steps to identify, eliminate or minimise risk. If it is not reasonably
practical to eliminate risk, it may be minimised (for example, through use of personal protective
equipment).
For more information, refer to the Work Health and Safety Act 2011 on the ACT Legislation
Register website.
29
Consistent with section 9 (a) of the PSM Act.
30
Consistent with section 8 (d) of the PSM Act.
Page 28
Impairment from alcohol or drugs
You are not permitted to consume alcohol while on duty or on government premises during
working hours unless authorised by the Director-General in writing31. You are also not permitted
to consume alcohol in or on a government vehicle, and the Director-General authorisation is
required for alcohol to be transported in a government vehicle.32
All Employees will ensure they are able to perform their duties without having their
performance inhibited by alcohol or any other drug (prescription or otherwise). This is critical in
situations involving the operation of vehicles, equipment or machinery where the safety of the
operator or others could be at risk.
If you are concerned that medication you are taking may affect your work performance alert
your supervisor/manager, as alternative duties may need to be considered for the duration of
the course of treatment.
If you are in a workplace and believe another employee is not able to fulfil their duties
appropriately or safely due to suspected impairment from drugs or alcohol, you will advise the
relevant supervisor/manager immediately.
The ACTPS Alcohol and Other Drug Policy is available on the CMTD website.
Note: Under the Road Transport (Alcohol and Drug) Act 1977, a blood alcohol
concentration of zero applies to ‘Special Drivers’. This includes TAMS staff that operate
public vehicles and heavy vehicles, including for example, ACTION Bus Drivers.
Smoke Free Workplaces
You are not permitted to smoke in ACT Government leased or owned motor vehicles and
buildings including depots, workshops, sheds or storage facilities, or within 15 metres of the
entry/exit points, windows and air intakes of all TAMS owned and leased buildings and
structures. The TAMS Smoke Free Workplace Policy is available on the TAMS Intranet.
Expectations of Dress Standards
Dress, personal appearance and hygiene are important elements of professional presentation.
TAMS employees must ensure their personal appearance and presentation is clean, tidy and
appropriate for their work role and environment. This is particularly so, given that as a TAMS
employee you may be required to represent the Directorate and or the ACT Government in
meetings and otherwise engage with various stakeholders, including for example, ACT Public
31
Consistent with section 17 of the Standards.
32
Consistent with section 17 of the Standards.
Page 29
Service (ACTPS) peers, government officials, external professionals and/or members of the
public.
Employees who wear a uniform or other apparel that identifies them as an employee of TAMS /
ACT Government - including Personal Protective Equipment (PPE) - must ensure that the
uniform or apparel is clean, complete, in good repair and worn with pride. PPE should also be
worn at all appropriate times to ensure obligations under relevant healthy and safety legislation
are met.
If you are wearing a TAMS uniform, or you are otherwise identifiable as a TAMS / ACT
Government employee while off duty, you are expected to avoid conduct that may adversely
affect the image or reputation of TAMS / ACT Government. Under no circumstance should you
wear apparel in licensed premises - such as hotels, clubs, casinos etc - that can identify you as a
TAMS / ACT Government employee (including identification passes, clothes and uniforms with
TAMS/ACT Government business logos etc). This includes any work approved social event.
Inappropriate dress includes but is not limited to thongs, torn, damaged or untidy clothing,
t-shirts with inappropriate logos.
Page 30
4. Where to get further help to understand your responsibilities
The ACT Government and TAMS has a range of corporate policies and guidelines to deal with
many issues addressed in the TAMS Code of Conduct. Further assistance can also be obtained
from your supervisor/manager or one of the people referred to below.
TAMS Senior Executive Responsible for Business Integrity Risk (SERBIR)
Deputy Director-General
Phone: (02) 6207 2645
Email: TAMS_SERBIR@act.gov.au
TAMS Human Resources, Employee Relations
Phone: (02) 6207 6737
Email: TAMS.HRInfo@act.gov.au
Director, Human Resources
Phone: (02) 6207 5506
Director, Governance
Phone: (02) 6207 5040
Senior Manager, Security and Risk (Agency Security Advisor)
Phone: (02) 6207 6993
Senior Manager, Community Engagement and Communications
Phone: (02) 6205 0312
Public Sector Management Act 1994:
http://www.legislation.act.gov.au/a/1994-37/
Public Sector Management Standards 2006:
http://www.legislation.act.gov.au/di/2006-187/default.asp
ACT Public Service Code of Ethics and Integrity Policy:
Page 31
http://www.cmd.act.gov.au/governance/public/ethics
ACT Public Service Code of Conduct:
http://www.cmd.act.gov.au/__data/assets/pdf_file/0017/363230/codeofcond2012.pdf
TAMS Public Interest Disclosure Framework:
http://tamsintranet.act.gov.au/corporate_information/fraud_and_corruption_prevention
TAMS Director-General Financial Instructions:
http://tamsintranet.act.gov.au/finance/legislative_framework
Relevant Enterprise Agreements:
http://www.jobs.act.gov.au/about-the-actps/agreements
TAMS policies, guidelines, procedures and delegations available on the TAMS intranet:
http://tamsintranet.act.gov.au
Page 32
APPENDIX A – Section 9 of the Public Sector Management Act 1994
General obligations of public employees
A public employee shall, in performing his or her duties:
(a)
exercise reasonable care and skill;
(b)
act impartially;
(c)
act with probity;
(d)
treat members of the public and other public employees with courtesy and sensitivity to their
rights, duties and aspirations;
(e)
in dealing with members of the public, make all reasonable efforts to assist them to understand
their entitlements under the territory laws and to understand any requirements that they are
obliged to satisfy under those laws;
(f)
not harass a member of the public or another public employee, whether sexually or otherwise;
(g)
not unlawfully coerce a member of the public or another public employee;
(h)
comply with this Act, the management standards and all other territory laws;
(i)
comply with any lawful and reasonable direction given by a person having authority to give the
direction;
(j)
if the employee has an interest, pecuniary or otherwise, that could conflict, or appear to conflict,
with the proper performance of his or her duties—
(i)
disclose the interest to his or her supervisor; and
(ii)
take reasonable action to avoid the conflict;
as soon as possible after the relevant facts come to the employee’s notice;
(k)
not take, or seek to take, improper advantage of his or her position in order to obtain a benefit
for the employee or any other person;
(l)
not take, or seek to take, improper advantage, for the benefit of the employee or any other
person, of any information acquired, or any document to which the employee has access, as a
consequence of his or her employment;
(m)
not disclose, without lawful authority—
(i)
any information acquired by him or her as a consequence of his or her employment; or
(ii)
any information acquired by him or her from any document to which he or she has
access as a consequence of his or her employment;
(n)
not make a comment that he or she is not authorised to make where the comment may be
expected to be taken to be an official comment;
(o)
not make improper use of the property of the Territory;
(p)
avoid waste and extravagance in the use of the property of the Territory;
(q)
report to an appropriate authority—
(i)
any corrupt or fraudulent conduct in the public sector that comes to his or her attention;
or
(ii)
any possible maladministration in the public sector that he or she has reason to suspect.
Page 33
APPENDIX B – Table Summary of the TAMS Code of Conduct
Acting with integrity means
(being honest and open)







Making fair and transparent decisions
Reporting any suspected fraud, corruption and criminal conduct
Reporting personal interest or benefit that may influence the
ability to perform duties or responsibilities, including any gifts
received at work
Using positions properly and not for personal gain including
favours for family and friends
Making it clear when making public comments about work
matters that these are your personal views
Using government information/communication technology
appropriately, including any email use and viewing the internet
Only releasing official information when authorised or it is already
publicly available.
Being accountable means
(being responsible for our actions)








Being respectful means
(treating others how you would like to be treated)





Treating people with courtesy, honesty and fairness
Respecting different values, beliefs, cultures and religions
Working cooperatively and respecting the contributions of the
people
Ensuring the workplace is free from harassment, bullying,
intimidation or discrimination
Reporting any incidents of harassment or bullying, including acts
of violence, aggression or intimidation of any sort to the
appropriate people.
Having a understanding of the laws and policies that apply to the
workplace
Carrying out lawful and reasonable directions that are given
Providing advice that is accurate and honest
Being open, reporting mistakes, and dealing justly with others
when mistakes are made
Arriving and departing work at the agreed times and notifying of
any planned or unexpected absences
Ensuring that money and resources are used in accordance to
policy and not wasted
Not taking or misusing any government property
Maintaining records and securing them appropriately.
Being professional means
(representing ourselves and TAMS in the best possible way)





Dealing with individuals and groups fairly, effectively and
impartially
Working to the best of our ability
Working safely and reporting all workplace health and safety
incidents
Maintaining a clean and tidy appearance and wearing a
uniform/Personal Protective Equipment if required
Conducting ourselves in a way that would not damage the
reputation of TAMS.
Page 34