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PUBLIC SECTOR ACT 2022 - SECT 40
Work performance and personal conduct principles
(1) In recognition that public sector employment involves a public trust, the
work performance and personal conduct of each public sector employee should be
guided by the following principles (the
"work performance and personal conduct principles" )— (a) achieving
excellence in service delivery;
(b) ensuring the effective, efficient and
appropriate use of public resources;
(c) giving effect to government policies
and priorities;
(d) collaborating with other public sector entities with a
focus on public sector-wide priorities in addition to priorities specific to
particular public sector entities, if appropriate and while recognising the
need for independence of particular public sector entities;
(e) providing
sound and impartial advice to government;
(f) continuously improving work
performance, including through training and development;
(g) carrying out
duties impartially and with integrity;
(h) acting honestly, fairly and in the
public interest;
(i) interacting with staff members under the
Ministerial and Other Office Holder Staff Act 2010 respectfully,
collaboratively and with integrity;
(j) observing all laws relevant to the
employment;
(k) ensuring the employee’s personal conduct does not reflect
adversely on the reputation of the public sector entity in which the employee
is employed;
(l) observing the ethics principles under the
Public Sector Ethics Act 1994 , section 4 ;
(m) complying with an approved
code of conduct and any approved standard of practice as required under the
Public Sector Ethics Act 1994 , section 12H or 18 .
(2) A public sector
manager must take all reasonable steps to ensure each public sector employee
under the manager’s management is aware of the following matters— (a) the
work performance and personal conduct expected of the employee;
(b) the
public sector principles;
(c) the values of the public sector entity in which
the employee is employed;
(d) for a public service employee—the values of
the public service;
(e) what constitutes corrupt conduct under the
Crime and Corruption Act 2001 .
(3) Also, a public sector manager must— (a)
provide working environments in which all public sector employees are— (i)
treated fairly and reasonably; and
(ii) assigned work according to the
employee’s responsibilities as reflected in remuneration rates; and
(b)
consider and give effect to the following matters when undertaking management
responsibilities— (i) the public sector principles;
(ii) the values of the
public sector entity in which the employee is employed;
(iii) if the manager
is a public service employee—the values of the public service; and
(c)
ensure fairness and integrity in performing managerial functions, including
when making decisions; and
(d) undertake best practice human resource
management, including the application of the positive performance management
principles in the following ways— (i) pro-actively managing the work
performance and personal conduct of public sector employees;
(ii)
constructively engaging with public sector employees to identify development
and training opportunities, improve work performance, and build expertise in
the public sector;
(iii) taking prompt and appropriate action to address any
unacceptable work performance or personal conduct that arises; and
(e) take
personal responsibility for development as a manager.
(4) A chief executive
of a public sector entity has overall responsibility for— (a) ensuring the
entity performs its functions in a way consistent with— (i) the main purpose
of the Act ; and
(ii) the ways in which the main purpose of the Act is to be
primarily achieved; and
(iii) the public sector principles; and
(b) ensuring
managers within the entity perform managerial functions in accordance with the
positive performance management principles; and
(c) ensuring public sector
employees have access to fair and independent reviews and appeals; and
(d)
ensuring the entity has workforce and human resource planning and practices,
including systems for the regular review of employment arrangements for
public sector employees. Note— If the chief executive is an accountable
officer under the Financial Accountability Act 2009 , see also the
responsibility of the chief executive to develop the strategic plan and
operational plan under the Financial and Performance Management Standard 2019
, section 8 .
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