Australian Capital Territory Numbered Acts

PUBLIC SECTOR MANAGEMENT AMENDMENT ACT 2016 (NO. 52 OF 2016) - SECT 6

substitute

Division 2.1     Public sector standards

Note     This division sets out values, principles and conduct requirements that apply to a public servant. This division also applies to a public sector member (see s 151).

6     Meaning of public service job —div 2.1

In this division:

"job", of a public servant, means the functions the public servant is required to exercise because of the public servant's employment in the service.

7     Meaning of public sector values

    (1)     The "public sector values" are—

        (a)     respect; and

        (b)     integrity; and

        (c)     collaboration; and

        (d)     innovation.

    (2)     The public sector values must be—

        (a)     demonstrated by a public servant when acting in connection with the public servant's job; and

        (b)     applied in a way that is appropriate to the public servant's job; and

        (c)     used to inform and evaluate the operation of the service.

8     Meaning of public sector principles

    (1)     The "public sector principles" are—

        (a)     the best practice principle; and

        (b)     the merit and equity principle.

    (2)     A public servant must do the public servant's job in accordance with the best practice principle.

    (3)     The head of service must exercise a function under this Act in accordance with the merit and equity principle.

    (4)     In this section:

"best practice principle"—a public servant does the public servant's job in accordance with the best practice principle if the public servant—

        (a)     works efficiently, effectively and constructively; and

        (b)     is responsive, collaborative and accountable; and

        (c)     makes fair and reasonable decisions.

"merit and equity principle"—the head of service exercises a function under this Act in accordance with the merit and equity principle if the head of service—

        (a)     is an equitable employer; and

        (b)     employs a person in a job who is best able to do the job in all the circumstances.

9     Public sector conduct

    (1)     A public servant must—

        (a)     take all reasonable steps to avoid a conflict of interest; and

        (b)     declare or manage a conflict of interest that cannot reasonably be avoided; and

        (c)     when acting in connection with the public servant's job—

              (i)     comply with laws applying in the Territory; and

              (ii)     comply with any lawful and reasonable direction given by a person with the authority to give the direction; and

              (iii)     if dealing with a member of the public—make all reasonable efforts to help the person to understand the person's entitlements, and any requirement the person is obliged to meet, under a territory law; and

              (iv)     treat all people with courtesy and sensitivity to their rights and aspirations; and

        (d)     do the public servant's job with reasonable care and diligence, impartiality and honesty.

    (2)     A public servant must not—

        (a)     behave in a way that—

              (i)     is inconsistent with the public sector values; or

              (ii)     undermines the integrity and reputation of the service; or

        (b)     take improper advantage of the public servant's job or information gained through the public servant's job; or

        (c)     improperly use a Territory resource, including information, accessed through the public servant's job; or

        (d)     without lawful authority—

              (i)     disclose confidential information gained through the public servant's job; or

Note     The Crimes Act 1900

, s 153 (1) makes it an offence for a public servant to disclose information that it is the public servant's duty not to disclose.

              (ii)     make a comment that reasonably appears to be an official comment; or

        (e)     when acting in connection with the public servant's job—bully, harass or intimidate anyone; or

        (f)     when doing the public servant's job—apply improper influence, favouritism or patronage.

    (3)     For a misconduct procedure, failing to act in a way that is consistent with subsection (1) or (2) may be misconduct.

Note     A misconduct procedure means a procedure set out in an industrial instrument or prescribed by regulation (see dict, def misconduct procedure ).

    (4)     A public servant (a discloser ) must tell the following person about any maladministration or corrupt or fraudulent conduct by a public servant or a public sector member of which the discloser becomes aware:

        (a)     the head of service;

        (b)     if the alleged maladministration or corrupt or fraudulent conduct is by the head of service—

              (i)     the director-general of the administrative unit in which the public servant is employed; or

              (ii)     if the head of service is the director-general of the administrative unit in which the public servant is employed—another director-general.

    (5)     This section does not—

        (a)     affect the operation of any other Act; or

        (b)     create or affect any other legal right.