CODES OF CONDUCT
BACKGROUND
The Integrity and Accountability discussion paper outlined the public sector policies and guidelines which supplement the legislative and
institutional framework and set standards of integrity and accountability for the Parliament, the Executive and the public sector. These
guidelines include the Code of Ethical Standards for Members of the Legislative Assembly, the Ministers’ Code of Ethics, the Codes of
Conduct for Ministerial Staff and the Office of the Leader of the Opposition, the Queensland Police Service Code of Conduct and other
public service codes of conduct issued pursuant to the Public Sector Ethics Act 1994.
The discussion paper posed two questions regarding guidelines:
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Queensland has an extensive range of codes of conduct in place – are any key individuals or groups missed?
Should the codes be strengthened in any way? If so, how should they be strengthened?
RESULTS OF CONSULTATION
A total of 37 submissions addressed the issue of codes of conduct, including submissions from a number of academics, the Crime and
Misconduct Commission, the Clerk of the Parliament, the Information Commissioner, the Queensland Council for Civil Liberties and a
number of individual submitters. The table below summarises the submissions received on this issue.
Generally, the submissions indicated that the variety of codes currently in place across the public sector is potentially confusing and may
lead to inconsistencies in application. There was general support for the adoption of a single core public service code of conduct which
could be adapted by individual agencies, although some submitters identified training and awareness as the key issue to be addressed in
application of code requirements. A number of submitters also supported consistency in integrity frameworks for state and local
governments.
Rather than concentrating on the behaviour prohibited under codes, many submitters supported strengthening the positive obligations
and ethical values set out in codes of conduct. The issue of enforceability of code breaches was raised, as was the link between the
disciplinary provisions of the Public Service Act 2008 and code requirements.
The requirement for codes of conduct to apply to groups which are not considered part of the core public service (such as Government
Owned Corporations and directors of Government boards) or groups who interact with government (such as the media and unions
representing public sector employees) was also raised as a potential area for improvement.
SUGGESTIONS
Specific suggestions for improvements included:
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Develop a single, consistent or core public service code of conduct which could be adapted by individual agencies (James and
Kath Robertson, Local Government Association of Queensland, Dr Mark Lauchs, the Information Commissioner and the
Queensland Council for Civil Liberties).
Include a statement about the accountability of Members of Parliament to the Parliament and public based on the Northern
Territory Legislative Assembly (Disclosure of Interests) Act (Gold Coast and Hinterland Environment Council).
Amend the Public Sector Ethics Act 1994 to:
o add principles of ‘transparency’ and ‘use of information’ to the ethics principles for public officials (Clerk of the Parliament);
o include Government Owned Corporations within the definition of ‘public sector entity’ to apply the requirement for a code of
conduct (Crime and Misconduct Commission).
Amend the Public Service Act 2008 to:
o set out comprehensive grounds for disciplinary action and remove the connection with codes of conduct as disciplinary
tools (Janet Crews);
o clarify the disciplinary powers for Ministerial staff (Crime and Misconduct Commission);
o adopt a values-based approach which articulates positive norms and values which should shape the conduct of officers of
the public service (Dr Anne Tiernan).
Adopt separate legislation governing employment arrangements for Ministerial staff, based on the Members of Parliament (Staff)
Act 1984 (Cth) (Dr Anne Tiernan).
Create a new office of Media Ombudsman to cover the application of codes of ethics to the media (Centre for Governance and
Public Policy, Griffith University).
Amend the Code of Ethical Standards for Members of Parliament and Ministers’ Code of Ethics to reflect the fiduciary nature of
MPs’ obligations to the electorate and to establish procedures for considering alleged breaches of the Ministers’ Code of Ethics
(Monash University Accountability Round Table).
No.
Submitter Name
5
Mr Gary Scanlan
11
Mr James and Ms Kath Robertson
15
Mr Colin Hambrecht
31
Ms Alison Christou
36
40
Mr Peter Kinsella
Moreton Bay Regional Council
50
51
52
Mr John Van Der Klugt
Mr Ian Smith
Mr Barry Rutherford
Q1 - Queensland has an extensive range of codes of
conduct in place – are any key individuals or groups
missed?
No change required. Problems tend to be in the areas of
making judgments about conduct and appropriate sanctions
- areas of private industry which could use considerably
enhanced and enforced codes of conduct.
A principle that needs to be considered in all code of
conducts and legislation is consistency in standards and
application. For example, Members of Parliament should be
held accountable for unethical behaviour regardless of
whether it is illegal or not. Members of Parliament and
public servants who lie or deliberately try to deceive when
answering questions in Parliament or Parliamentary
committee hearings such as Estimates debates should face
potential legal proceedings.
Politicians on both sides of Parliament, directors of public
and private companies, chairpersons of benevolent
institutions who have control of public monies - should be
appropriately regulated in the performance of their duties
and accountable for public monies.
There should be less emphasis on promulgation of codes
and more on promoting 'goods' of public work. Emphasis on
'dos'.
Suggests that codes should be accessible in one place.
Yes – private sector organisations that deal with Councils need to complement council codes.
Yes, the general public.
Not to my knowledge.
Code of conduct should be codified across all sectors.
58
Corruption Prevention Network
Back to basics Ministerial responsibility.
68
LGAQ
No.
Q2 - Should the codes be strengthened in any way? If so,
how should they be strengthened?
No change is required.
Yes. In particular, Members of Parliament should comply with the
same standards as Public Servants. All government employees
need to comply with their Agency’s code of conduct. Perhaps
there should be a single code of conduct for the Public Service
that covers Members of Parliament too. Particular agencies could
add their own appendices if they have specific requirements e.g.
Police.
Codes need to be enforced. The person fined should pay the fine.
If they are imposed, prison sentences should have a minimum
period of time to be served.
Needs to be greater education for public servants.
Codes that apply to councillors were recently amended and are
strong enough
No, should be in plain English.
More common sense is needed.
Codes should be applicable to MPs and Police alike and be
administered by CMC and not the Parliament itself.
The principle of economy and efficiency can conflict with other 4
principles in codes especially integrity. Amend this principle to an
ethical value such as promoting the public good.
Yes, it would give the public confidence if all public sectors
complied with a single code of conduct obligations for pecuniary
interests and conflicts of interests, consistent with the
requirements placed on local government councillors, including
criminal sanctions and loss of office for breaches.
No.
Submitter Name
69
Professor Brian Head
82
Ms Chris Lawson
84
Centre for Governance and Public
Policy, Griffith University
92
Ms Janet Crews
Q1 - Queensland has an extensive range of codes of
conduct in place – are any key individuals or groups
missed?
Recommend a new key performance indicator that could be
readily mobilized to assess and overcome the evident
discrepancies that have developed over time between the
rules and expectations applying variously to MPs, Ministers,
ministerial staff, public servants and other public sector
employees. The test would be to ensure that the standards
of behaviour and of disclosure are no less demanding for
other categories as may be applicable to public servants.
The State and local government integrity regimes should be
the same. That is, what rules apply to councillors should
also apply to MPs and vice versa. Private sector
organisations that have business dealings with state and
local government should be required to adopt codes of
conduct for their board of directors and staff.
Supports some objective examination of how codes of ethics
apply to the media, including the distinction between selfregulation on the one hand, and objective measures of
professionalism on the other. A Media Ombudsman could
be established; the functions of this position should cover
the electronic media, radio and newspapers.
Q2 - Should the codes be strengthened in any way? If so,
how should they be strengthened?
Bullying by elected officials should be escalated to official
misconduct.
The nexus between grounds for disciplinary action as set out in s
187(1)(f) of the Public Service Act 2008 and codes of conduct
needs to be severed so that codes of conduct cease to be tools of
discipline and punishment and instead are used in ways that are
more likely to be effective in motivating and influencing employee
behaviour. The grounds for discipline and disciplinary action in ss
187 and 188 of the Act need to be updated so that they are a
complete code in themselves and are framed with reference to
serious breaches of discipline and not behavioural infractions that
can and should be dealt with through management, change
management, culture change or human resources interventions.
The disciplinary investigation machinery should maintain its focus
on serious cases of improper conduct, with less serious breaches
being dealt with by training, feedback, counselling or personal
change interventions which actually have the effect of changing
attitudes and behaviour or motivating identification with espoused
values. Particular areas for attention are the inclusion of
negligence as a ground for discipline, the inclusion of new
grounds which recognise the seriousness of employee
harassment and/or coercion and the improper conduct which
No.
Submitter Name
Q1 - Queensland has an extensive range of codes of
conduct in place – are any key individuals or groups
missed?
102
Clerk of Parliament
105
ANTaR
Specific code of conduct relating to how the police treat
Aboriginal and Torres Strait Islanders.
106
Crime and Misconduct Commission
Recommends that: (1) disciplinary powers relating to
ministerial staff who are not "public service officers" be
reviewed so that there are clearly defined powers and
accountabilities in respect of these employees; (2)
Government encourage unions which represent public
sector employees to develop codes of conduct or ethical
frameworks to assist them in performing their functions fairly
and in the best interests of all members.
108
Monash University Accountability
Round Table
131
134
Queensland Greens Policy
Working Group
Mr Andrew McMicking
142
NCWQ
153
Dr Linda Colley
157
Residential Tenancies Authority
Q2 - Should the codes be strengthened in any way? If so,
how should they be strengthened?
occurs through the use of computer equipment or other electronic
equipment at work.
Add to the principles found in s 4 of the Public Sector Ethics Act
1994, specific principles that deal with (a) transparency; and (b)
the use of information.
Codes should be strong enough that if a police officer does not
uphold the code of conduct, they can be disciplined or dismissed
as appropriate.
Recommends that: (1) the Public Sector Ethics Act 1994 be
amended to include GOCs in the definition of 'public sector
entities' for the purposes of the Act; (2) all agencies seek to find
ways to improve the working effectiveness of their codes through
training, regular updates, effective consultation and public
commitment to ethical conduct.
(1) The Code of Ethical Standards for Members of Parliament
should reflect the fact that their relationship with the people has
the elements found in fiduciary relationships (proposed changes
submitted). (2) Ministers' Code of Ethics - the fiduciary nature of
the obligations of Ministers to the people who elected them into
office should be acknowledged; there should be a five year postseparation period; procedures for considering alleged breaches of
the Ministers' Code of Ethics should be included (proposed
changes submitted).
The codes should be made enforceable and justiciable.
Parliamentary Secretaries, Ministerial staff and
Parliamentary secretaries staff should be subject to
questioning if required by Parliamentary committees.
Police officers caught driving under the influence should be
sacked.
The framework of legislation, policies and guidelines is
comprehensive and a credit to Queensland. The real work to be
done now is in the implementation - promotion of information;
education of those covered by the framework; culture change; and
leadership by example.
Further confidence in public integrity and accountability of
statutory bodies could be enhanced by requiring Board and
Directors' disclosures.
No.
Submitter Name
158
163
Mackay Regional Council
The Australian Collaboration
165
Dr Anne Tiernan
166
Dr Mark Lauchs
Queensland University of
Technology
177
The Office of the Information
Commissioner
179
Mr Bob Longland
180
Queensland Council for Civil
Liberties
188
Gold Coast and Hinterland
Environment Council
Q1 - Queensland has an extensive range of codes of
conduct in place – are any key individuals or groups
missed?
Q2 - Should the codes be strengthened in any way? If so,
how should they be strengthened?
The same rules should apply to State and Local politicians.
Period of post-separation employment restrictions should be
increased for Ministers and Parliamentary Secretaries. Ministerial
Code of Ethics should include sections on professionalism, power
and confidentiality.
Recommends (1) adopting values-based approach in Public
Service Act 2008; addressing strategic importance of leadership
and professionalism in public service; producing State of the
Service Report, to be scoped by PSC and launched by Chair of
PSC Board; (2) systematic evaluation, monitoring and review of
government policies and service delivery; (3) review of staffing
arrangements for Ministerial staff, opposition and office holders
and adoption of separate legislation modelled on Members of
Parliament (Staff) Act 1984 (Cth).
(1) Queries whether decentralisation of codes is a positive
outcome and whether there should be a core code that CEOs can
add to. Need for guidelines for decision-making (e.g. previous
Policy Handbook). (2) Restriction on post-separation employment
for Ministerial staff unwarranted as they don't have security of
tenure; are not decision-makers; and may limit employment of
professionals in roles as it will limit future career options.
PSC should maintain single code of conduct which agencies could
add to as required. Code of conduct to include statements about
core values of the public service, relationships with Ministers,
Ministerial staff and the public with agency heads required to
uphold and promote values. Ministers, Ministerial staff and senior
public servants to receive induction training on code. PSC to
develop and promote ethical decision-making framework and
develop tools and resources for training.
Extended role for PSC in coordination, education, awareness and
probity reporting on integrity and accountability framework for
public servants.
Codes are too numerous, conflicting and overlapping. Should be
one generic Code of Conduct for government employees and one
for politicians.
Suggests additional statement regarding accountability of MPs to
Parliament and public (per NT Legislative Assembly (Disclosure of
Interests) Act) and efforts to rebuild public trust.
No.
Submitter Name
193
Dr David Solomon
195
Robert Beno
204
Dawn Joyce, InPsight
213
ANZSOG Institute of Governance,
University of Canberra
Q1 - Queensland has an extensive range of codes of
conduct in place – are any key individuals or groups
missed?
Q2 - Should the codes be strengthened in any way? If so,
how should they be strengthened?
Suggests general review of codes of conduct by PSC to simplify
them and particularly consider issue of secondary employment of
public servants and potential for conflicts of interest.
Yes, certain GOCs and their employees, together with a
range of persons who have contact with Government (e.g.
contractors or visitors) should be made aware of appropriate
etiquette and conduct, particularly in relation to gifts or
hospitality.
Align all state and federal policies and practices. Encourage and
promote fairness and a culture of equity and accountability in
disability services.
Formal professional training and development aimed at ensuring
integrity in government administration and professionalism in the
public services should be a first priority.