Professional and ethical standards
Direction and guidance on standards of professional conduct that promote adherence to department and NSW public sector values. Guidance on day-to-day ethical decision-making, public interest disclosures, and the management of misconduct and unsatisfactory performance for department employees.
Audience
All departmental staff.
| Version | Date | Description of changes | Approved by |
|---|---|---|---|
| V07.0.0 | 29/08/2024 |
Updated under the 2023 Policy and procedure review program, including policy name change from Code of conduct, conversion into the new template, and improving readability. |
Chief People Officer |
Document history
2024 Jul 24 - Policy document 'Gifts, benefits and hospitality' updated under the 2023 Policy and procedure review program, including conversion into the new template, and improving readability.
2024 Jul 22 - Update link to The Code of Ethics and Conduct for NSW Government Sector Employees.
2024 Mar 01 - New implementation document, Workplace sexual harassment prevention and response, added to policy.
2024 Feb 21 - inclusion of State Records Act 1998 reference at section 3.3 of policy statement and section 12 of implementation procedures.
2023 Sep 29 updated policy statement and implementation document, Code of Conduct procedures. Updated references, text and links to align with the introduction of the Public Interest Disclosures Act 2022.
2022 Oct 19 - updated links in the implementation document, Code of Conduct procedures, to e-learning courses on managing gifts, benefits and hospitality (section 7.3.1) and added a link to the current declaration form.
Updated the implementation document, Gifts, Benefits and Hospitality Procedures, and introduced the following requirements:
- an exception for reporting low-risk, 'staff-to-staff' gifts that meet the GIFT test
- that employees decline any gift if the donor and/or their intentions are not known, which reduces risk associated with anonymous donors
- a blanket prohibition on staff from Internal Audit, Procurement and Quality Assurance and Regulatory Services from receiving gifts, which will tighten controls on gifting in high-risk functions
- removed the prohibition on accepting gifts of alcohol above $50, which reflects the low risk associated with this.
2021 Jul 12 - update to Code of Conduct implementation document - updated links, minor wording changes, removed clause in 9.2.2
2021 Feb - updated Code of Conduct implementation document to remove reference to a removed document. Removed Provision of Personal References Procedures document - information contained within Code of Conduct implementation document. Maintenance update of Gifts, Benefits and Hospitality Procedure to fix broken links and minor typographical error.
2021 Jan - updated Code of Conduct implementation document to align with regulatory and technological changes. Minor updates to policy statement.
2020 Dec - minor edits to Gifts, Benefits and Hospitality Procedure to reflect changes to the organisational structure.
2020 Nov - minor edits to clarify differences between gift cards and cash vouchers.
2020 Nov - minor edits to Gifts, Benefits and Hospitality Procedure to reflect changes to the organisational structure.
2020 Aug - updated Gifts, Benefits and Hospitality Procedure.
2020 Mar - change of contact details.
Removed reference to the delegations for Reporting Suspected Wrongdoing at Section 64 of the procedures.
Superseded documents
Provision of Personal References Procedures
Gifts and Benefits Procedure
- Policy statement
- The department’s commitment is that every student learns, grows and belongs in an equitable and outstanding education system. To achieve this, we need a performing, highly professional and inclusive workforce.
- The department is committed to creating and sustaining a positive and ethical organisation with accountable behaviour, protecting the safety, welfare and wellbeing of students, complying with legislative responsibilities and ensuring it is responsive to allegations raised about its employees.
- Performance and development is a shared responsibility between an employee and their supervisor. Principals and workplace managers respond to and address underperformance issues for employees who are not meeting the required standards.
- All employees are expected to exercise sound judgement and live up to both the content and spirit of the Code of conduct.
- All employees have an ethical responsibility to report suspected wrongdoing, including unlawful conduct, corrupt, negligent or improper conduct, maladministration, serious and substantial waste of public money or government information contraventions.
- Principals and workplace managers must report allegations of a child protection nature immediately to Professional and Ethical Standards.
- The department is committed to responding to reports and disclosures thoroughly and impartially.
- Employees reporting wrongdoing are supported and protected.
- Principals and workplace managers respond to cases of lower-level misconduct where an investigation is not warranted. Measures may include providing guidance and/or advice, mentoring, addressing a complaint, training and providing a written direction.
- Context
- The safety, welfare and wellbeing of children and young people in educational settings is paramount.
- The department has a responsibility to deal appropriately and expediently with employees whose conduct or work performance is not satisfactory.
- When responding to allegations against employees, the department must provide procedural fairness.
- Professional and Ethical Standards will refer appropriate matters to an impairment pathway.
- When addressing misconduct and performance issues, the department seeks to:
- ensure the safety and protection of children as the paramount consideration
- maintain appropriate standards of conduct and work-related performance for employees
- protect and enhance the integrity and reputation of the teaching service and public service
- ensure public interest is protected
- support reporters, the persons subject of reports and all stakeholders.
- be transparent about the processes, procedures and legislation relevant to responding to allegations.
- This policy and the attached procedures reflect the department's legislative requirements in addressing allegations against employees under the Children's Guardian Act 2019, the Public Interest Disclosures Act 2022, Independent Commission against Corruption Act 1988 and the relevant employment legislation.
- The policy and procedures form part of the department's response and commitment to the Child Safe Standards recommended by the Royal Commission into Institutional Responses to Child Sexual Abuse.
- All employees are expected to engage in mandatory training to ensure they are aware of and understand the standards expected of them.
- The principal or workplace manager has the primary responsibility for performance management and ensuring that employees under their supervision meet required work standards. The department provides information, support and processes to assist managers with performance management.
- The department’s process to manage underperformance complies with the following legislation:
- Teaching Service Act 1980
- Government Sector Employment Act 2013
- Education (School Administrative Support Staff) Act 1987
- Teaching Service Regulation 2017
- Government Sector Employment Regulation 2014
- Government Sector Employment (General) Rules 2014.
- Policy contact
- Executive Director, Performance and Ethical Standards
PES@det.nsw.edu.au
02 7814 3722
- Executive Director, Performance and Ethical Standards
- Monitoring the policy
- The Executive Director, Performance and Ethical Standards monitors the implementation of this policy, regularly reviews its contents to ensure relevance and accuracy, and updates it as needed.