The
State Service Code of Conduct, which is contained
in Section 9 of the State Service Act 2000
(the Act) reinforces and upholds the Principles
by establishing standards of behaviour and conduct
that apply to all employees, including Officers
and Heads of Agencies.
In
accordance with Section 10(3) of the Act, the Commissioner
is required to establish procedures for the investigation
and determination of whether an employee has breached
the code of Conduct. These procedures have been
established in Commissioner's Direction No. 5-2006.
Section
9 of the Act states as follows:
(1)
An employee must behave honestly and with integrity
in the course of State Service employment.
(2) An employee must act with care and diligence in
the course of State Service employment.
(3) An employee, when acting in the course of State
Service employment, must treat everyone with respect
and without harassment, victimisation or discrimination.
(4) An employee, when acting in the course of State
Service employment, must comply with all applicable
Australian law.
(5) For the purpose of subsection (4),
"Australian
law" means –
(a) any Act (including this Act) or any instrument
made under an Act; or
(b)
any law of the Commonwealth or a State or Territory,
including any instrument made under such a law.
(6) An employee must comply with any standing orders
made under Section 34(2) and with any lawful and reasonable
direction given by a person having authority to give
the direction.
(7) An employee must maintain appropriate confidentiality
about dealings of, and information acquired by, the
employee in the course of that employee's State Service
employment.
(8) An employee must disclose, and take reasonable
steps to avoid, any conflict of interest in connection
with the employee's State Service employment.
(9) An employee must use Tasmanian Government resources
in a proper manner.
(10) An employee must not knowingly provide false
or misleading information in connection with the employee's
State Service employment.
(11) An employee must not make improper use of –
(a)
information gained in the course of his or her employment;
or
(b)
the employee's duties, status, power or authority
–
in
order to gain, or seek to gain, a gift, benefit
or advantage for the employee or for any other person.
(12) An employee who receives a gift in the course
of his or her employment or in relation to his or
her employment must declare that gift as prescribed
by the regulations.
(13) An employee, when acting in the course of State
Service employment, must behave in a way that upholds
the State Service Principles.
(14) An employee must at all times behave in a way
that does not adversely affect the integrity and good
reputation of the State Service.
(15) An employee must comply with any other conduct
requirement that is prescribed by the regulations.
(16) For the purposes of this section, a reference
to an employee includes a reference to an officer
and a reference to State Service employment includes
a reference to an appointment as an officer and an
arrangement made under Section 46(1)(a).
It
should be noted that the Commissioner has established
similar procedures for the investigation and determination
of whether an employee is able to efficiently and
effectively perform their duties. These procedures
have been established in Commissioner's Direction
No. 6-2005.
|
