Code of ethics and conduct

Direction and guidance on professional conduct standards that promote adherence to department and NSW public sector values. The Code of ethics and conduct is a framework that facilitates day-to-day ethical decision-making.

Audience

All department employees, including:

  • ongoing, temporary and casual employees
  • employees on secondment to the department
  • members of the public service senior executive (PSSE)
  • contractors and agency staff engaged to perform work for, or on behalf of, the department
  • volunteers
  • special religious educators
  • graduate program participants
  • pre-service teachers
  • consultants where their engagement requires adherence to the Code.
Version Date Description of changes Approved by
V03.1.0

01/11/2024

Alignment with regulatory changes. Revised document layout, title and organisation of content.

Chief People Officer

V03.0.0 29/08/2024 Updated under the 2023 Policy and procedure review program, including conversion into the new template, and improving readability. Chief People Officer
V02.2.2 21/02/2024 Insert State Records Act 1998 at Section 12 Relevant legislation Executive Director, Professional and Ethical Standards
V02.2.1 29/09/2023 Updated links and minor word changes at section 11.1 and section 11.5 to align with changes to the Public Interest Disclosures policy and procedures. Executive Director, Professional and Ethical Standards
V02.2.0 19/10/2022 Updated links to e-learning courses on managing gifts, benefits and hospitality (section 7.3.1) and added a link to the current declaration form. Executive Director, Professional and Ethical Standards
V02.1.0 07/2021 Updated links, minor wording changes, removal of clause in 9.2.2 Executive Director, Professional and Ethical Standards
V02.0.1 04/02/2021 Removed reference to a superseded document. Executive Director, Professional and Ethical Standards
V02.0.0 27/01/2021 Alignment with regulatory and technological changes. Revised document layout and organisation of content with practical examples. Executive Director, Professional and Ethical Standards


About the policy

Code of ethics and conduct

The Code of ethics and conduct does not apply to students. Student discipline is addressed in the Student behaviour policy.

The School Community Charter outlines the responsibilities of parents, carers, educators and school staff in NSW public schools. The charter seeks to ensure our learning environments are collaborative, supportive and cohesive.

1. Introduction

When you work in the NSW Government sector you have an important role to play in maintaining confidence in our systems of government.

As government sector employees, the work we do makes a difference in the lives of millions of people across NSW. The communities we serve both expect and need us to act ethically, fairly and comply with the law. We must spend public money wisely and maintain trust in our systems and institutions now and into the future.

The NSW Department of Education provides services to children and therefore defines employees consistently with the requirements of Part 4 of the Children’s Guardian Act 2019. To meet all legislative requirements, the department has added and extended the Public Service Commission’s Code of Ethics and Conduct for NSW Government Sector Employees to create one document (the Code) that applies to all department employees.

As employees, we are committed to social justice by opposing prejudice, injustice and dishonesty, and behaving in ways that advance vibrant, sustainable, inclusive and responsible communities across NSW.

The Code obliges employees to be accountable for their professional and personal conduct. There are a range of consequences for breaching the Code depending on the nature and seriousness of a breach.

2. Application and commencement

This Code is adopted under Section 8A of the Government Sector Employment Act 2013 (NSW) (GSE Act) and applies to all NSW Government sector employees. A government sector employee means a person employed in ongoing, term, temporary, casual or other employment, or on secondment, in a NSW Government sector agency.

This Code applies to all department employees, including:

  • ongoing, temporary and casual employees
  • employees on secondment to the department
  • members of the public service senior executive (PSSE)
  • contractors and agency staff engaged to perform work for, or on behalf of, the department
  • volunteers
  • special religious educators
  • graduate program participants
  • pre-service teachers
  • consultants where their engagement requires adherence to the Code.

The Code identifies mandatory requirements for all government sector employees that are consistent with part 2 of the GSE Act (the ethical framework for the government sector).

This Code applies at all times when government sector employees are acting in the course of or in connection with NSW Government sector employment. The Code also extends to conduct outside of work hours where that conduct may affect your employment. This includes conduct that is undertaken in a private capacity, but is inconsistent with your ability (or could reasonably be perceived to be inconsistent with your ability) to fulfil your duties in your government sector role.

Heads of government sector agencies are not personally covered by the Code if they are not a government sector employee. Statutory officeholders, including heads of Separate Public Service Agencies who are statutory officeholders and do not hold office in the public service (see GSE Act, Schedule 1, Part 3) are not personally covered by the Code since they are not government sector employees. Nevertheless, those heads of government sector agencies who are not personally covered by the Code are encouraged to conduct themselves in accordance with the requirements of this Code voluntarily, with any necessary modifications having regard to their statutory role and status.

Commencement date

The Code applies from 1 November 2024. Conduct that occurred prior to that date while the Code set out in section 2.2 of the document entitled Behaving Ethically: a Guide for NSW government sector employees was taken to have been adopted for the purposes of Section 8A remains in effect as it if it had not been revoked and replaced.

Conduct that occurred before 1 November 2024 is covered also by the NSW Department of Education Code of Conduct.

3. The Ethical Framework for the government sector

All NSW Government sector employees, which includes department employees, are required and expected to act ethically, lawfully and in the public interest. This can be achieved by adhering to the government sector core values of integrity, trust, accountability and service. These core values are underpinned by 18 principles, which will help you put the values into action. Our core values and principles are collectively prescribed by the GSE Act as the Ethical Framework for the government sector (the Ethical Framework) and are all of equal importance.

As well as the core government sector values, the department’s Plan for NSW Public Education articulates principles for the additional values of excellence and equity.

Integrity

  • Consider people equally without prejudice or favour.
  • Act professionally with honestly, consistency and impartiality.
  • Take responsibility for situations, showing leadership and courage.
  • Place the public interest over your personal interest.

Trust

  • Appreciate difference and welcome learning from others.
  • Build relationships based on mutual respect.
  • Uphold the law, institutions of government and democratic principles.
  • Communicate intentions clearly and invite teamwork and collaboration.
  • Provide apolitical and non-partisan advice.

Service

  • Provide service fairly with a focus on customer needs.
  • Be flexible, innovative and reliable in service delivery.
  • Engage with the not-for-profit and business sectors to develop and implement service solutions.
  • Focus on quality while maximising service delivery.

Accountability

  • Recruit and promote employees on merit.
  • Take responsibility for decisions and actions.
  • Provide transparency to enable public scrutiny.
  • Observe standards for safety.
  • Be fiscally responsible and focus on efficient, effective and prudent use of resources.
Excellence
  • We have high expectations and we continually seek to improve ourselves and our work.
  • We strive to excel and invite the best ideas from everyone in and outside the department.
  • We use and share evidence, research and data to underpin policy and practice.
  • We welcome collaboration and learning with others.

Equity

  • We ensure that every student has access to high-quality public education.
  • We respect diversity and the views and contributions of others.
  • We treat people fairly.

4. Roles and responsibilities

All government sector employees must act in a way that is consistent with the Ethical Framework and must comply with this Code. Each of us has a responsibility to conduct ourselves in a manner that reflects our core values in action. This includes the responsibility to speak up when we see any behaviour that we believe does not live up to the Ethical Framework and the general principles and requirements in this Code. Refer to section 6, Behaviour contrary to the code for information on how to report wrongdoing.

Managerial behaviour sets the tone for the conduct of all employees. Managers (including senior executives, senior managers, supervisors and others holding senior positions including principals) play a critical role in promoting a culture that values high ethical standards and ethical behaviour.

In addition to their responsibilities as government sector employees all principals and workplace managers are required to model and promote this Code and ensure that workplace culture practices and systems operate consistently with the Ethical Framework.

In addition to having the responsibilities of managers, department secretaries, heads of agencies and senior executives are required to oversee implementation of this Code and the Ethical Framework.

Department employees must:

  • keep students safe and support their wellbeing
  • work collaboratively and comply with lawful and reasonable directions
  • treat everyone with respect, courtesy, fairness, and honesty
  • act with the utmost care and diligence
  • understand and apply the laws, policies, procedures and guidelines that underpin your work
  • always uphold the values and good reputation of the department whether on or off duty
  • avoid conflicts of interest, report those that cannot be avoided and cooperate in their management
  • only use official information for the work-related purpose it was intended
  • only use your position and resources for a proper purpose
  • report inappropriate conduct (such as reportable conduct or serious wrongdoing) immediately.

Principals or managers must:

  • model the department’s values and professional conduct
  • promote a collaborative and collegial workplace
  • foster performance and development processes with employees under your supervision
  • provide ongoing support and feedback to employees under your supervision
  • provide information about support services and resources available to employees under your supervision
  • communicate to employees under your supervision their responsibilities under the Code
  • establish systems for effective communication and consultation in decision making
  • utilise reporting systems when a breach of the Code may have occurred
  • promptly address poor conduct and performance.

5. Minimum expected standards of behaviour

All government sector employees are expected to know and act in accordance with the Ethical Framework for the government sector and the general principles and requirements set out in this Code.

The minimum expected standards of behaviour outlined below are not an exhaustive list of what to do in every aspect of your work. Rather they are general principles and requirements to apply when carrying out your work and should be applied to decide on an appropriate course of action when faced with an ethical issue or professional decision.

If in doubt, you should talk to your manager, internal ethics advisor (where available), human resources team, the relevant member of your agency’s executive, or your agency’s team responsible for advising on Code compliance. Department employees should refer to their principal, workplace manager or the relevant policy owner if they require advice about complying with the Code.

5.1 Acting in the public interest

You should treat all people you interact with in the course of your work:

  • equally without prejudice or favour
  • with honesty, consistency, impartiality and respect.

You should always:

  • place the public interest over personal interest
  • uphold the law, institutions of government and democratic principles
  • provide apolitical and non-partisan advice
  • provide transparency to enable public scrutiny
  • be fiscally responsible and use resources efficiently, effectively and prudently.

Acting in the public interest requires leadership, courage and innovation to develop practical recommendations and actions that are consistent with the core values.

For those departments and other agencies that are subject to Ministerial direction and control, acting in the public interest requires you to help your agency to deliver the policies, programs and stated outcomes of the government of the day. However, acting in ways that are expedient or convenient, but which are inconsistent with the government sector or core values, is not in the public interest.

5.2 Act lawfully

You must always act lawfully and uphold the law.

You must comply with this Code as well as any relevant legislative, industrial and administrative requirements and any lawful direction made by a person with the authority to give such a direction.

Department employees:

  • must promptly inform their workplace manager in writing if charged with a serious offence and if convicted of a serious offence (including where found guilty by a court of such an offence but where no conviction is recorded). A serious offence is any offence that is punishable by imprisonment for 12 months or more
  • may be required to disclose if they have been declared bankrupt or entered formal arrangements to avoid bankruptcy when their role encompasses financial management
  • must inform their workplace manager in writing if they become bankrupt, or make a composition, arrangement or assignment for the benefit of their creditors. They must also provide information about the cause.

Workplace managers:

  • must report declarations of an employee being charged and/or convicted of a serious offence to Professional and Ethical Standards.

Appropriate conduct

An employee is charged with high range drink driving, which is a serious offence as the maximum penalty for a first offence is 18 months in gaol. The employee reports this to their workplace manager who then advises Professional and Ethical Standards.

Inappropriate conduct

A casual employee is charged with common assault, which is a serious offence. The employee intends to contest the charge at court and decides not to report the charge to their manager. They are later found guilty at court but not convicted of the offence. The employee remains silent about the matter.

The casual employee was required to report the offence immediately after being charged and again when they were found guilty.

5.3 Bullying, unlawful discrimination and harassment in the workplace

Everyone is entitled to be treated fairly and with courtesy and to feel safe and respected. Bullying, unlawful discrimination and all forms of harassment (including sexual harassment) are not acceptable under any circumstances and not tolerated in our workplaces.

You must not bully, unlawfully discriminate against or harass anyone in your dealings with them. The department does not tolerate bullying, harassment or discrimination.

You should ensure you understand and adhere to your legal obligations. Refer to Further information for links to the relevant procedures and legislation.

Managers play a critical role in actively preventing and responding to bullying, unlawful discrimination and other forms of harassment (including sexual harassment) and should familiarise themselves with these obligations. Managers need to be mindful of any actual or perceived conflicts of interest when responding to bullying, unlawful discrimination and other forms of harassment. If the conflict, actual or perceived, cannot be appropriately addressed, the manager should discuss this with their manager.

Bullying is repeated and unreasonable behaviour directed towards an employee or group of employees that creates a risk to health and safety. Bullying is not part of reasonable management action carried out in a reasonable manner to effectively direct and control the way work is carried out, which can include allocating work, giving feedback and addressing conduct or performance issues.

Harassment is any unwelcome behaviour that an employee finds offensive or which makes them feel intimidated or humiliated. Sexual harassment is behaviour of a sexual nature that makes an employee feel offended, humiliated or intimidated. This could include sexual advances, requests for sexual favours, sexual gestures, jokes or comments.

Discrimination is treating someone unfairly because of a characteristic they have, or they are assumed to have, that is protected by law. These characteristics include gender, marital status, pregnancy, breastfeeding, age, race, ethnic or national origin, disability, carer responsibilities, transgender, sexual orientation, medical conditions or political or trade union affiliations.

All employees are expected to be approachable, courteous and prompt in dealing with students, their families and carers, colleagues and members of the public, irrespective of their position or seniority.

Department employees must:

  • treat everyone with dignity and respect
  • not use coarse, obscene or sexually suggestive, racist, misogynist or discriminatory language in the workplace
  • present themselves as an appropriate role model to students
  • actively engage in processes aimed at building positive work relationships and resolving complaints.

Appropriate conduct:

  • Two employees are involved in a robust discussion about managing a workplace issue. While the employees hold disparate views, they acknowledge each other’s perspectives. They work towards finding a resolution through open and respectful communication. Both employees have exercised dignity and respect in the interaction.
  • A parent approaches the principal of their child’s school just before a school assembly. The parent requests a meeting with the principal to discuss an incident that occurred between their child and another student. The principal explains to the parent that they need to attend the school assembly and offers to meet with the parent to discuss their concerns later that same day. The parent agrees.
  • An employee is frustrated by their workplace manager’s work delegation and feels their tone is condescending. The employee arranges to meet with the manager. The manager is unable to change the work program but agrees to revisit the issue. In the meantime, the manager and employee immediately work on a plan to improve communication. The employee has exercised dignity and respect in their interaction, working to resolve the concerns.
  • A workplace manager meets with an employee to discuss performance concerns, including that they have not met deadlines for submitting work. The employee raises a complaint with the workplace manager’s supervisor that they are being bullied. The supervisor explores the circumstances and concludes that the conduct involves the reasonable management of an employee.

Inappropriate conduct:

  • An employee enters the staffroom and loudly berates a colleague in front of other employees. The employee has failed to treat their colleague with dignity and respect or act as an appropriate role model.
  • An employee frequently tells racist and sexualised jokes to colleagues. Colleagues and the workplace manager have tolerated the employee’s conduct over a long period. All parties have failed to uphold the department’s values and have not addressed the offensive behaviour appropriately.
  • An employee continually sends provocative emails to colleagues about another employee’s work performance and conduct. The employee’s workplace manager has provided clear advice and directions to the employee not to send such emails. The employee repeats the conduct, which is a risk to their colleague’s health and safety.
  • An employee attempts to hug and kiss their workplace manager’s cheek, despite previously being told that such conduct is inappropriate. There is written evidence that the manager has made attempts to set clear boundaries, which the employee has failed to heed, and the conduct has continued. The conduct, which involves the repeated invasion of personal space and physical contact, could constitute an assault and/or sexual harassment.

5.4 Child protection

Every student, irrespective of their age, has a right to a safe educational environment that promotes learning and the opportunity to reach their full potential.

School-based employees play a powerful role in the lives of young people and often influence and inspire students. They can make a critical difference to the lives of students. For some students, school is the safest place in their day.

Many employees have statutory responsibilities to report the risk of significant harm to children and young people at work. Employees should use and act on the guidance of the NSW Mandatory Reporter Guide. The department requires employees to act protectively and to report suspected risk of significant harm to children that arise in their private lives.

Department employees must:

  • identify and respond to safety, welfare or wellbeing concerns for children and young people and inform their workplace manager in accordance with the department’s policies that arise in the course of their work
  • report allegations of a child protection nature against other employees to a workplace manager or Professional and Ethical Standards
  • report risk of suspected significant harm to a child that may arise outside of work to appropriate agencies
  • cooperate with service delivery and plans to address students’ safety, welfare and wellbeing.

Workplace managers must also:

  • use appropriate tools to inform decision-making where there are concerns about suspected risk of harm. This includes the online Mandatory Reporter Guide, Professional and Ethical Standards Reporter Guide, specialist advice and professional judgement
  • determine whether concerns about the safety, welfare or wellbeing of children or young people constitute a risk of significant harm and, if they do, report these to the Child Protection Helpline
  • report allegations of a child protection nature concerning an employee to Professional and Ethical Standards within one working day of receipt of the allegation
  • comply with guidance provided by Professional and Ethical Standards in managing risk and taking action
  • advise the complainant or reporter what action you have taken and any relevant reference numbers if requested
  • carefully document information received.

Examples of appropriate and inappropriate conduct

Appropriate conduct:

  • An employee becomes aware of allegations that a teacher is in a relationship with a student. The employee reports the matter to their workplace manager. The workplace manager then contacts Professional and Ethical Standards and reports the matter via the Child Story Reporter. The employee and workplace manager maintain confidentiality and act in accordance with Professional and Ethical Standards guidance.
  • An employee’s grandchild discloses that their uncle has inappropriately touched them. The employee makes a risk of serious harm report to the Department of Communities and Justice via the Child Protection Helpline.

Inappropriate conduct:

  • A principal is advised that a student engaged in harmful sexualised behaviour towards another student in the school bathroom. The principal puts in place a risk management plan but fails to report the incident. The student engages in further harmful sexualised behaviour towards other students and is also found to have been subject to ongoing sexual abuse. There has been a failure to report a child protection issue.
  • An employee finds a student in a highly distressed state. Other student witnesses have heard the student threaten to self-harm and tell the employee. The student is taken to the sick bay until they have calmed down and then allowed to return to class. No report of the incident is made. There has been a failure to report a child protection issue.

Further information

The Office of the Children’s Guardian administers, oversees and audits department investigations into reportable allegations and convictions made about employees, contractors and volunteers.

The Children’s Guardian Act 2019 defines reportable conduct as:

  • a sexual offence committed against, with or in the presence of a child
  • sexual misconduct with, towards, or in the presence of a child
  • ill-treatment of a child
  • neglect of a child
  • an assault against a child
  • an offence under section 43B (failure to protect) or section 316A (failure to report) of the Crimes Act 1900
  • behaviour that causes significant emotional or psychological harm to a child.

All employees must advise their principal or workplace manager if they become aware of an allegation of reportable conduct or a reportable conviction.

Reportable conduct includes conduct towards children outside of the workplace, including against an employee’s own children.

A reportable conviction means a conviction, including a finding of guilt without the court proceeding to a conviction, in NSW or elsewhere of an offence involving reportable conduct.

Employees must never engage in reportable conduct or conduct that harms a child.

Employees have reporting responsibilities as detailed in this Code’s section 5.4.1 Risk of significant harm and reporting.

Sexual offences

Department employees must never sexually offend against a child, including accessing or dealing in any way with child abuse material.

Sexual misconduct

Department employees must:

  • not have a sexual or intimate relationship with any student, regardless of whether the student attends the school where they may work and irrespective of the student’s age
  • not engage in sexual conduct towards any student. This includes sexual touching, making sexual comments, asking questions about a student’s sexual experience, discussing their own sexual experience, referring to sexual matters that are not in an educational context, and showing a student sexual images when there is no educational purpose.

Ill-treatment

Department employees must not engage in conduct towards a student that is degrading, hostile or places excessive demands on them.

Neglect

Department employees must not neglect a student’s physical or psychological needs through an act or omission. This includes failing to protect a child from abuse or exposing a child to a potentially harmful environment.

Physical harm

Department employees must:

  • avoid physically touching a student, without a clear educational purpose, to provide care for a student appropriate to their age or for a legitimate purpose that has been approved and documented
  • not physically harm a student or impose any physical punishment in the course of their professional duties. This includes pushing, pulling, shoving, smacking, slapping and grabbing a child
  • not physically restrain a child unless there is no other option for managing the student and there is a risk of significant harm to them or others. The form of restraint used must be the least restrictive option available
  • record and report all use of physical restraint to a member of the school executive.

Psychological or emotional harm

Department employees must refrain from engaging in conduct that is intentional or reckless, obviously or very clearly unreasonable and which results in significant emotional harm or trauma to a child.

Examples of appropriate and inappropriate conduct

Appropriate conduct

  • A new casual teacher is orientated to the school’s behaviour support and management processes and is given access to student support plans. The casual teacher applies the school’s disciplinary strategies when student behaviour issues arise. The teacher seeks help from the executive when a student threatens another student.

Inappropriate conduct

  • A teacher breaches professional boundaries by communicating with a student on social media. The teacher exchanges intimate messages with the student and plans to engage in a relationship when the student leaves school. The conduct amounts to a reportable allegation of sexual misconduct and will be reported to the Office of the Children’s Guardian.
  • A teacher engages in inappropriate conduct towards and in the presence of students. This includes yelling at and making demeaning comments about students and their family members, failing to follow a student’s behaviour management plan and acting outside the school’s Behaviour Support and Management plan. The conduct amounts to a reportable allegation of ill-treatment.

Further information

Employees who work with children are in a unique position of trust, care and authority with their students, which means there is always an inherent power imbalance between teachers and students.

It is teachers’ responsibility to maintain the professional boundary with students.

Professional boundaries continue in all community contexts, including school or non-school settings.

When relationships with a student or their family have arisen outside the professional context, school-based employees must carefully manage these, declare them to workplace managers and keep them separate from the workplace relationship.

Modelling professional boundaries with students is important and protective. Failing to do this may leave students vulnerable to predatory conduct.

Because of the power imbalance present in the teacher-student relationship, professional boundaries remain after students complete their schooling.

Conduct that breaches the professional boundary includes a range of behaviours that are focused on a particular student or a group of students or are overly personal or intimate.

Employees have reporting responsibilities as detailed in this Code’s section 5.4.1 Risk of significant harm and reporting.

Employees must not breach professional boundaries. Such conduct may involve several dimensions:

  • emotional
  • relational
  • power
  • financial
  • communication.
Table 1 Professional boundaries – types of breaches

Type of breach

Description

Emotional

Includes:

  • showing preferential treatment without legitimate reasons
  • using forms of control to develop emotional dependence
  • forming close relationships with parents to spend time with a student.

Relational

Includes:

  • engaging in a relationship with a student that is romantic or intimate in nature
  • flirtatious or intimate behaviour towards a student
  • expressing romantic feelings or notions towards a student
  • meeting a student outside school, alone without a legitimate educational context
  • taking a student for an unauthorised activity. For example, for coffee or to a social event
  • becoming a ‘friend’ or contact of a student on a social networking site without parent and principal approval
  • commenting on a student’s public social networking profile
  • expressing interest in or ‘liking’ a student on a dating site.

Power

Includes:

  • using your authority to harm a student
  • rewarding or punishing a student based on the teacher–student relationship, student popularity or a favour done by the student for the teacher
  • using a student to gain benefit, such as goods, services or sensitive information.

Financial

Includes:

  • giving a gift or money to a student which is more than a token
  • exploiting the teacher–student relationship for financial gain.

Communication

Includes:

  • talking with a student about highly personal matters without a legitimate work-related purpose
  • offering advice on personal matters to a student
  • accepting friend requests or communicating with a student via social media
  • refusing to set limits for and stop discussions of a personal or sexual nature when initiated by a student.

Examples of appropriate and inappropriate conduct

Appropriate conduct:

  • An employee and their family live in a remote community and are involved in the local rugby league club. The employee also works at the local school, where many junior league club players attend. The employee and their principal develop a plan to maintain appropriate boundaries. As part of the plan, the employee can transport junior players to games provided they comply with the club’s child-safe Code of Practice and have parent consent. The employee may also attend club social events but will ensure they are not alone with children and behave in a way that upholds the department’s reputation. The employee has agreed that they will not drive students to and from school as this relates to their professional role. The employee and principal discuss emerging issues that may arise to ensure professional boundaries are transparently maintained in line with community expectations.

Inappropriate conduct:

  • An employee contacts 3 students on social media and sends numerous messages discussing personal issues. The employee’s conduct crosses professional boundaries. Students could be at risk of harm from the employee or other people because proper boundaries have been eroded through the employee’s conduct.
  • An employee purchases gifts for a student, including clothing and gift cards. The conduct involves favouritism and may create a sense of obligation on the student. If a student requires items, including clothing and food, that are not provided by a parent or guardian, the school should provide the item directly, rather than the individual employee.
  • An employee is seen transporting a student in their private vehicle every Friday afternoon. There is no parent or principal endorsement. The conduct involves a pattern of interactions with a student that has no legitimate educational purpose.

The relationship between students and employees who work in schools is not equal.

This imbalance does not disappear at a specific point in time but can remain after the student leaves school and can act as an impediment to both parties’ capacity to make decisions and act in their own and others’ best interests.

The department may consider several critical factors when evaluating whether there has been a breach of the professional boundary between a former student and a teacher. This includes:

  • the length of time between the conclusion of the professional relationship and the beginning of an intimate relationship
  • the age difference between the (former) student and the teacher
  • emotional and/or social maturity of the (former) student
  • vulnerability of the (former) student
  • evidence of the nature of the relationship, including while the (former) student was still at school, its closeness, the level of dependence
  • any misconduct or poor conduct on the part of the employee during the professional relationship with the student.

Department employees must not:

  • engage in intimate relationships with former students that breach professional boundaries.

Employees have reporting responsibilities as detailed in section 5.4.2 Reportable conduct. For more information, refer to Guidance on misconduct – crossing professional boundaries.

Examples of appropriate and inappropriate conduct

Appropriate conduct

A teacher meets an adult former student at a community event and a personal relationship develops. The teacher worked as a casual teacher at a high school where the student attended Years 7 and 8. The teacher and student have not had continuing contact in the intervening period. The conduct is unlikely to breach professional boundaries.

Inappropriate conduct

A teacher arranges to meet with students to celebrate their HSC results during the January holidays. One student invites the teacher for a drink and they exchange contact details. An intimate relationship develops between them. The conduct breaches professional boundaries.

5.5 Professional conduct

A workplace manager is expected to maintain good order and function in the workplace. This includes providing instruction and giving feedback to employees.

Workplace managers should be open to constructive questions, feedback or concerns regarding their instructions. They have a responsibility to respond appropriately.

If an employee considers an instruction unreasonable, they may respectfully tell the person issuing the instruction. The employee should provide reasons for thinking the instruction is unreasonable and allow the person an opportunity to reconsider. If they remain concerned, the employee may seek advice at the next management level.

Employees may also obtain advice from their union and/or professional association at any time.

Direct management action

A workplace manager should apply a fair process when taking direct management action to address employee conduct concerns. This includes:

  • informing the subject of a concern about the substance of the matter
  • providing a reasonable opportunity for people with a direct interest in the situation to respond to or comment on the issues, whether in writing, in person or otherwise
  • making reasonable inquiries and considering relevant information before deciding
  • acting fairly and without bias, including not managing a concern in which they have a direct interest
  • conducting any inquiries without undue delay.
  • Workplace managers should only take direct management action to address conduct issues, including where an investigation by Professional and Ethical Standards is not required.

Directions

A workplace manager may provide an employee with a written direction, requiring them to comply with an instruction.

Issuing a direction is a significant undertaking with potentially serious consequences for employees.

Employees or their representatives may request a review of a direction. The request must be made in writing to the person issuing the direction. The supervisor of the person issuing the direction will complete the review.

The employee must continue to comply with the direction, as far as is reasonably practicable, until the supervisor has made the review decision.

Department employees must:

  • undertake their duties in a timely and professional manner and follow the reasonable instructions of their workplace manager
  • not breach a lawful direction
  • comply with a lawful direction until the direction lapses or is revoked.

Workplace managers must also:

  • address workplace issues and poor conduct promptly and fairly.

Examples of appropriate and inappropriate conduct

Appropriate conduct:

  • An employee is rude and disrespectful towards other staff at meetings. The employee frequently interrupts, and other staff are now reluctant to speak up for fear of being ridiculed. The workplace manager decides to take direct management action. They meet with the employee to discuss concerns, counsel the employee on the standards required and provide support in making adjustments. The workplace manager does not issue a direction.
  • A student reports to the principal that their teacher left the class unsupervised again to make a personal call. The teacher is apologetic, but the principal and deputy principal have spoken with the teacher about this issue on several occasions. After meeting with the teacher to discuss the matter, the principal issues the employee with a letter of direction stating that they must not leave their class unsupervised.
  • A principal witnesses a teacher blocking the classroom exit at the end of a lesson by placing their body in the doorway to stop students from leaving. During a meeting to discuss the concerns, it becomes apparent that this is a long-standing practice of the teacher, which the teacher believes is appropriate. Despite offering alternative strategies, the teacher is resistant to changing practices. The principal is concerned about the risk of the teacher coming into unnecessary physical contact with a student and issues a direction.

Inappropriate conduct:

  • A workplace manager is advised that an employee rarely greets their colleagues. Without discussing the matter with the employee, the workplace manager issues a letter of direction to the employee to always greet team members. The workplace manager has failed to act fairly before issuing a direction and the direction’s nature is unreasonable.

Further information

Duty of care encompasses a wide range of matters including but not limited to:

  • providing adequate supervision, training and instruction
  • ensuring grounds, premises and equipment are safe for employees, students and the general public
  • implementing strategies to prevent bullying in the workplace, school or college
  • providing first aid commensurate with your level of training and experience or seeking assistance from an emergency service to aid an employee, student or community member who is injured or becomes sick in the workplace.

All employees share the department’s responsibility and commitment to the safety, health and wellbeing of themselves and others in their workplace and must comply with relevant legislation.

A greater level of care is required for a person who is vulnerable because of their age, maturity, skill level, disability, health or personal circumstances.

Duty of care extends to protecting students from self-harm while in school and reporting on incidents out of school.

Department employees must:

  • understand and comply with responsibilities and obligations under relevant work, health and safety legislation and department policies, procedures and guidelines
  • comply with any reasonable safety instruction and guidance of the department or workplace manager
  • consider and take reasonable care of the physical and psychological safety of themselves, students, colleagues and the community in all activities undertaken in the course of their employment
  • take reasonable care to ensure their workplace is safe and secure for everyone
  • proactively identify, report and cooperate with appropriate action in response to safety risks and hazards in support of the health, safety and wellbeing of all on site
  • act with the authority they hold to address or refer safety risks and hazards to relevant officers within the department
  • ensure they have identified and documented risks associated with activities and put in place strategies that align with relevant guidance to manage risks before beginning the activity
  • help, to the best of their ability, an injured or sick person in your workplace, including obtaining the assistance of a trained person who can attend to them.

Examples of appropriate and inappropriate conduct

Appropriate conduct:

  • A school is organising an excursion. The excursion organisers gather information about the venue, department policy, procedures and relevant guidance to comply with the requirements. They develop a risk assessment and seek principal approval and parental permission. They brief all parents and volunteers on the risk assessment processes and brief students on safety rules. The excursion organisers have exercised their duty of care to protect students.

Inappropriate conduct:

  • An employee is aware of a leaking tap with water pooling on the floor. The employee mops up the water and tries unsuccessfully to turn the tap off. The tap continues to leak water creating an ongoing hazard, but the employee takes no further action. While the employee’s initial response was appropriate, their failure to report the problem does not comply with this Code or work, health and safety legislation.
  • A teacher is aware that a student with high medical needs requires constant supervision on the playground. The teacher returns to the staff room, leaving the student unattended. The teacher has failed to appropriately exercise their duty of care. The conduct could amount to supervisory neglect and must be reported to Professional and Ethical Standards.

Further information

The department is committed to schools and workplaces being professional settings where students are learning or being supported to learn and where everyone can be safe, productive and healthy. The use of drugs (illicit or recreational), alcohol and tobacco in schools and workplaces is not acceptable.

Employees must ensure their capacity to perform their duties is not impaired by using alcohol or drugs and that the use of any substance does not put them, another person or a student at risk.

Employees experiencing difficulties in relation to physical, social and psychological wellbeing are encouraged to seek support from the Employee Assistance Program.

Drugs and non-prescribed substances

Department employees must:

  • not work under the influence of drugs or non-prescribed substances
  • not attend work if they have in their possession, or are in control of, any illegal drugs or non-prescribed substances
  • not give or supply any person drugs or non-prescribed substances
  • not supply or administer medication to students except in line with policy and procedures
  • notify their supervisor if they become aware that your work performance or conduct is, or could be, affected by drugs or non-prescribed substances
  • take steps to address any substance use or abuse issues that may impact work performance or the reputation of the department
  • immediately report any concerns about an employee or student who appears to be affected by drugs or other substances.

Workplace managers must also:

  • not permit employees to use, possess or supply drugs or non-prescribed substances.

Alcohol

Department employees must:

  • not work under the influence of alcohol
  • not take or consume alcohol in a school or at any school-related event conducted outside of school premises while students are present
  • avoid drinking alcohol to excess where they are likely to be observed by students
  • not purchase, give or condone alcohol use to any student.

Workplace managers must also:

  • not permit employees or community users to use alcohol except in line with policy and procedures.

Smoking or using electronic smoking devices

Department employees must not:

  • smoke or permit smoking (including e-cigarettes and ‘vaping’ devices) on department premises, even if they are enclosed or private. This includes buildings, gardens, sports fields, sheds, utility rooms or storerooms, cars and car parks
  • smoke near school premises or department workplaces, including where students may observe you smoking.

Workplace managers must also:

  • not permit any person to smoke on department premises.

Examples of appropriate and inappropriate conduct

Appropriate conduct:

  • An employee attends school unsteady on their feet and slurring their words. The employee is supported to go home and told to obtain a medical clearance before returning to school. The employee met with the principal on their return and acknowledged they had been drinking into the early hours of the morning. The principal issues a direction to the employee not to attend school under the influence of alcohol.

Inappropriate conduct:

  • A teacher is issued a court attendance notice for prohibited drug possession. There is evidence underpinning the allegation. The conduct can potentially damage the reputation of the department and the teaching service.
  • A teacher is alleged to have supplied a student with marijuana. This is a child protection allegation and a criminal offence. It must be reported to both the police and Professional and Ethical Standards.

The department is committed to schools and workplaces being professional settings where students are learning or being supported to learn and where everyone can be safe, productive and healthy. The facilitation of gambling in schools and workplaces involving or in the presence of students is not acceptable.

Experts are increasingly concerned that exposure to gambling may lead to young people experiencing gambling harm, now and later. This attitude is supported by the perception of adults ‘safely’ partaking in gambling. It is dangerous for young people to adopt this misconception of the odds of gambling at an age when they are actively forming their approaches to the world. This misconception may lead to them experiencing gambling harm in the future as they try to apply the same approach to gambling activities with a greater degree of random chance.

Department employees must:

  • not organise, take part in or condone any form of gambling with students regardless of whether a prize is offered. This includes tipping competitions with monetary and non-monetary prizes and sweepstakes
  • not offer or agree to place gambling bets for students.

Workplace managers must also:

  • not permit employees to organise or facilitate any gambling activities (such as tipping competitions or sweepstakes) that involve students.

Examples of appropriate and inappropriate conduct

Appropriate conduct:

  • A teacher overhears students discussing a football game that is taking place on the weekend. The students have a hat and are putting money into the hat and recording on a sheet of paper which team they think will win. The teacher asks what they are doing, to which they respond they are hosting a tipping competition for the Year 11 students. The teacher informs them this is inappropriate and asks for them to come and discuss with the Head Teacher. The Head Teacher ensures that all money is returned to each student and notifies the parents of what has taken place.
  • A teacher approaches the principal and asks if they can host a sweep for the upcoming Melbourne Cup race. The principal agrees for this to take place as it only involves staff members and will only be advertised in the school staffroom and staff email.

Inappropriate conduct:

  • A teacher is alleged to have organised a tipping competition with students for the Soccer World cup final. The payment is chocolate and lollies, so no money is exchanged. This is a breach of Section 16 of the Unlawful Gambling Act 1998 NSW and must be reported to NSW Police and Professional and Ethical Standards.

Further information

The department acknowledges that employees use electronic communication and social media in both professional and personal contexts.

To avoid conflict, employees should ensure they clearly separate professional and personal use of such platforms. Using electronic communication and social media requires good judgement.

The department recommends employees manage their personal social media accounts to prevent access by students or community members.

New employees are encouraged to audit their online presence, review their list of friends and contacts and remove items that may conflict with our values or be in breach of this Code.

The department may exercise its rights to monitor and view any data stored or transmitted using its facilities or equipment.

Department employees must:

  • act lawfully when using social media, including breaching copyright
  • not post to official department sites (such as school sites) unless authorised
  • keep personal and professional social media profiles separate
  • make sure personal online activities do not interfere with performance at work
  • be clear that personal views are their own and they are not expressing the views of the department
  • not discuss or post confidential information obtained through work
  • not post or transmit material that could bring them, other employees or the department into disrepute
  • not use images of students on personal social media accounts where the relationship with the student predominantly stems from work
  • only communicate with students using social media, social networking and educational platforms after ensuring they have
    • parental permission
    • workplace manager approval
    • systems in place to maintain transparent communication and
    • a clear educational purpose.

Examples of appropriate and inappropriate conduct

Appropriate conduct:

  • An employee receives a friend request from a student to their personal social media account. The employee declined the request and informed their workplace manager of the contact.

Inappropriate conduct

  • A teacher has a public social media account and has made repeated disparaging comments about the principal. The conduct has the potential to cause reputational harm to the school or principal and can impact the welfare of staff.
  • A teacher is in regular contact via social media with their Year 11 class about classwork intertwined with personal anecdotes. The conduct crosses professional boundaries as the social media use goes beyond a legitimate educational purpose and raises child protection risks.
  • An employee ‘likes’ a social media post that makes belittling comments about a colleague. The conduct is disrespectful and not in keeping with the department’s expectations of employees.

Further information

Maintaining trust in the services provided by the NSW Government requires the protection and professional use of government data and systems.

Cyber Security NSW provides a list of cyber security hygiene practices that are mandatory for department employees.

Employees have reporting responsibilities as detailed in this Code’s section 6. Behaviour contrary to the code.

Cyber security hygiene

Department employees must:

  • use robust cyber security hygiene practices to reduce the risk of security threats and unauthorised access
  • maintain an up-to-date knowledge of department cyber security alerts and safety measures
  • implement and comply with the department’s and Cyber Security NSW’s security policies
  • never share their username and password with others or use the access credentials of others
  • take care when using third-party services, systems, infrastructure or devices and when in doubt, seek authorisation.

Personal devices

When using a personal device for work, employees must:

  • use robust cyber security hygiene practices to reduce the risk of security threats and unauthorised access
  • use the most up-to-date security and software on the device
  • ensure department-related content cannot be accessed by others, including family members who may have access to the device
  • ensure students cannot view or access personal content
  • not store unauthorised images of students.

Department devices

When using department devices, employees must:

  • collect, use and store data in compliance with applicable laws, privacy principles and department policies
  • only use information and information resources for responsible and authorised purposes
  • exercise good judgment when using electronic communication, following the principles of ethical behaviour
  • communicate in a professional manner that will withstand public scrutiny
  • never seek to bypass security or access measures
  • never populate department data in systems, programs or applications without proper authorisation, data protection, appropriate controls and commercial terms.

Prohibited conduct

Employees must never use the department’s networks or devices to create access, store or transmit information that is:

  • subversive, illegal or unlawful
  • sexually related, pornographic or offensive
  • violent or hate-related
  • racist or offensive towards a particular group or individual
  • malicious or defamatory
  • used for generating private income or gambling
  • inconsistent with child protection policy, privacy laws or copyright.

Examples of appropriate and inappropriate conduct

Appropriate conduct:

  • An employee has access to a range of sensitive department information across platforms. The employee is regularly called away from their desk to assist other team members. The employee uses a single sign-on to access multiple platforms and has a strong password that uses random characters, numbers and letters that they regularly change. The employee ensures they lock their computer while away from their desk to prevent unauthorised access.

Inappropriate conduct:

  • A director gives their username and password to another employee to manage their calendar. The employee accesses the network using the director’s credentials. The conduct of both employees breaches this Code. The director should use delegations within the software where appropriate but must not disclose their login details.
  • A teacher brings their personal device to class. The device has personal images and documents. The teacher gives students the device to use in a class activity. A personal device should not be shared with students, particularly where they can view personal content.

Further information

All employees must have an up-to-date understanding of their role and related legislation, policies and procedures.

Department employees:

  • should regularly engage in ongoing learning to update and develop professional skills
  • should actively engage in and maintain a professional development plan
  • must maintain the required credentials to fulfil their role, including Working with Children Check Clearances, accreditation and mandatory training as required by law and/or department policy
  • must be proactive and ensure that you keep well-informed about changing legislation, policies and procedures that apply to your work.

Workplace managers must also:

  • actively assist their employees to engage in and maintain a professional development plan
  • have effective systems to keep employees informed of legislation, policies and procedures that apply to their work including induction processes, mandatory training and ongoing learning.

Examples of appropriate and inappropriate conduct

Appropriate conduct

An employee actively engages in the professional development planning cycle. They bring training that aligns with their role and learning goals to their manager’s attention. The workplace manager approves the training and requests that the employee share what they have learned at an upcoming staff meeting. The conduct of all parties positively contributes to ongoing learning.

Inappropriate conduct

An employee fails to renew their Working with Children Check. The employee no longer holds the required credentials to undertake child-related work. The conduct is not compliant with this Code and the department may suspend the employee from work without pay until the clearance is obtained.

Further information

Employees have an obligation in the workplace to dress appropriately and in a manner that maintains respect, establishes credibility and upholds the good reputation of the department and public education.

Department employees:

  • must always wear clothing appropriate to the workplace, that aligns with the nature of the activity, complies with work health and safety standards and allows them to respond in an emergency.

Workplace managers should also:

  • consult with employees to define acceptable standards of clothing balancing their needs and the requirements for professional attire.

Examples of appropriate and inappropriate conduct

Appropriate conduct

A principal consults with employees about their attire. There is agreement to have an opt-in employee uniform with school colours and logo. Employees have also agreed to wear business or more formal attire for school events such as presentation night. The principal sends regular reminders for upcoming school events about the more formal attire required.

Inappropriate conduct

An employee arrives at work wearing a shirt that contains offensive language. The workplace manager instructs the employee to change into more appropriate attire.

5.6 Confidentiality, privacy and records management

Government sector agencies hold and manage large amounts of information. This information needs to be managed in accordance with relevant legislative obligations and department procedures.

Unless otherwise authorised, you must maintain the confidentiality of all official information (including confidential, personal and other sensitive information or documents) held by the department that is not publicly available, that has not been published or that you are not authorised to disclose.

You may only disclose official confidential information when you are authorised to do so, including when permitted or required by law or legal process to do so.

You must not disclose, access or use official information in an unauthorised way including for your or anyone else’s personal benefit or advantage.

Misuse of information acquired in the course of your employment may amount to misconduct, an offence under applicable criminal, privacy, information access or State Records legislation and/or serious wrongdoing.

The department is committed to improving openness, transparency and ease of public access to information under the Government Information (Public Access) Act 2009.

You must protect personal information and health information, and comply with applicable privacy obligations and your agency's privacy and data breach policies.

The Privacy and Personal Information Protection Act 1998 (NSW) (PPIP Act) outlines how NSW public sector agencies, including the department, are required to manage personal information. The Health Records and Information Privacy Act 2002 (NSW) (HRIPA Act) outlines how NSW public sector agencies are required to manage health information.

Department employees must:

  • not disclose confidential information in any form to any party without official approval or as otherwise permitted by legislation or court order
  • only disclose information when it is authorised, seeking advice if uncertain
  • protect confidential information from unauthorised access.

Workplace managers must also:

  • take steps to inform employees reporting to them or working with them of the employee’s information security responsibilities and relevant department policy and procedures.

Examples of appropriate and inappropriate conduct

Appropriate conduct:

  • A person seeking documents about a funding decision requests information from the department. The information is not published or available by informal request. The person is advised on how to make a formal access application under the Government Information (Public Access) Act 2009. This process ensures the authorised release of information.

Inappropriate conduct:

  • A teacher uses school records to obtain a parent’s phone number and then contacts the parent to ask them to a romantic dinner. The conduct involves a breach of confidentiality, where there was personal benefit or advantage.
  • An employee uses their access to student information to obtain information about their former partner from whom they are estranged. The conduct involves a deliberate breach of confidentiality for personal benefit or advantage.

Further information

You must comply with record-keeping obligations that apply to your role and in accordance with the department’s Record management procedures. You must not destroy records without proper authority.

Department employees must:

  • properly capture and store information in the department’s records management systems in accordance with the State Records Act 1998
  • store documents securely and confidentially
  • not destroy records without appropriate authority
  • assess and record marks for students’ work accurately, fairly and in a manner that is consistent with relevant policy and the requirements of the school, institute or educational facility
  • proactively report to supervisors or workplace managers when they have made a mistake or been involved in an incident
  • provide information truthfully and candidly when giving an account of events
  • be accountable for any documents they sign. They should carefully read all documents they are asked to sign and must not sign or submit a document they know is not true or is misleading
  • not give the impression they have the authority of another person without their permission
  • only sign their own name and never permit or encourage anyone to sign a name other than their own.

Workplace managers must also:

  • ensure that employees reporting to them understand their records management obligations
  • act on any apparent record management breaches
  • not encourage or coerce an employee to sign a document or approve purchases for which they do not have delegation, disagree or are not satisfied.

Examples of appropriate and inappropriate conduct

Appropriate conduct:

  • An incident occurs at a school. The workplace manager gathers incident reports from witnesses and takes photographs of the scene. The workplace manager stores the documents in a secure location, which others cannot access.
  • A workplace manager insists that an administrative employee sign off on timesheets. The administrative officer reports this to the workplace manager’s supervisor to take appropriate action. The administrative officer informs the workplace manager that they are unable to complete the request as it would be in contravention of the Code.

Inappropriate conduct:

  • An employee finds a storeroom full of old files dating back many years. On their own initiative, the employee clears the storeroom, placing the records in a paper recycling skip bin. The employee has disposed of the records without authority and has not appropriately secured them.
  • A teacher feels that the marks awarded to her class do not accurately reflect the calibre of the students. The teacher adjusts the assessments without reference to the faculty marking guide and ignores that the assessments have already been double marked. The conduct of the employee undermines the integrity of the assessment process.
  • A teacher witnesses a playground altercation in which an employee roughly handles a student. The teacher provides an account but omits their personal observations of the student being roughly handled. The teacher failed to report events accurately and their account was misleading.
  • Two employees collude and provide inaccurate and incomplete accounts of a serious accident to their workplace manager. The employees have not demonstrated integrity when providing information and should have independently provided their accounts.

Further information

5.7 Conflicts of interest

A conflict of interest exists when a reasonable person might perceive that your personal interest(s) could be favoured over your public duties.

A conflict may arise from a range of factors including:

  • personal relationships
  • private or secondary employment
  • membership of special interest groups
  • your ownership of, or financial interest in property shares or companies.

Conflicts of interest may also arise due to your personal beliefs or attitudes that could influence, or be perceived to influence, your impartiality or decision making. It is your responsibility to identify and declare conflicts of interests.

To determine if a conflict of interest exists ask yourself:

  • do I have a personal interest?
  • do I have a public duty?
  • is there a connection between my personal interest and my public duty?
  • could a reasonable person perceive that my personal interest might be favoured?

It is not necessarily unethical to have a conflict of interest. However, you should avoid placing yourself in conflicting situations wherever possible. Failing to disclose and manage a conflict appropriately may amount to misconduct and/or serious wrongdoing.

Where you have a conflict of interest, actual or perceived, you must:

  • always disclose the conflict of interest in accordance with this Code and the relevant procedures listed in the further information below, as soon as you become aware of the conflict
  • work with the appropriate person with responsibility for managing the conflict to resolve any conflicts in the public interest, rather than your own or another person's personal interest.

Managers or those responsible for managing a conflict of interest should:

  • ensure the conflict is appropriately documented
  • consider whether the circumstances warrant removing the employee from the duties that are in conflict with their private interests
  • approve a management plan to eliminate or manage the conflict in the public interest.
  • monitor the situation to ensure compliance with the agreed management plan.

If you cannot avoid placing yourself in a conflicting situation, you must declare this and seek advice from your workplace manager.

Department employees must:

  • take all steps to avoid actual and perceived conflicts of interest
  • proactively disclose in writing any conflicts of interest you have, or may be perceived to have, as soon as you become aware of it to your workplace manager (or their manager where appropriate)
  • report situations where a colleague or workplace manager attempts to influence a decision where there is a perceived or actual conflict.

A workplace manager taking steps to manage an actual or perceived conflict of interest must:

  • assess the risks related to the conflict of interest
  • determine the best management options that uphold the integrity of the department and public trust, prevent the impression of improper influence and is in the public interest
  • document the management action plan
  • implement and monitor a management action plan.

As a department employee, you must cooperate fully with any management action implemented to deal with actual or perceived conflicts of interest.

Appropriate conduct:

  • An employee is the president of a community group seeking to hire a school hall. The employee alerts the principal of their involvement with the group in writing and hands responsibility to the vice-president to negotiate the agreement, taking no further role. The principal develops a plan to ensure that the employee is not involved.
  • An employee’s child attends their local school, where the employee works. The employee advises the principal, who develops a plan to manage any potential conflict of interest. The employee will not be involved in decision making for their child at school, including teaching classes, assessing work or managing their child’s behaviour at school.

Inappropriate conduct:

  • An employee purchased new furniture for their office, authorised the purchase personally and failed to seek approval from their supervisor. The purchase results in the employee receiving a personal benefit. The conflict of interest has not been managed.
  • An employee seeks to enrol their child at a particular out-of-area school. The employee contacts the principal, who they know professionally, to facilitate the enrolment. The conflict of interest is not declared and the child is enrolled at the school. Conflicts of interest should be declared, managed and documented. Neither employee has taken steps to declare the conflict. The conflict of interest has not been managed.
  • A principal is attending a conference about leadership. They fail to obtain approval in writing from their supervisor despite the personal benefit to them. They arrange for the conference to be paid using the Business Manager's P-Card and the Principal reviews and approves the payment.

5.8 Secondary employment

You may for various reasons wish to undertake either paid or unpaid work in addition to your role within the government sector.

The department classifies secondary employment as either:

  • private employment – refers to any paid employment outside the department, including self-employment
  • secondary employment – refers to any work or position within the department that is in addition to an employee’s principal full-time employment in the department.

You are required to comply with applicable legislative requirements and follow the department’s private and secondary employment procedures. For public service employees, see clause 7 of the Government Sector Employment Regulation 2014. Other employees should refer to the relevant employment Acts.

Taking on additional work may give rise to a conflict of interest or reasonably perceived conflict between your primary and private and/or secondary employment.

If this occurs you should declare the conflict in accordance with this Code and the private and secondary employment procedure, and resolve any conflicts in the public interest, rather than your own or another person's personal interest.

Approval processes for private and secondary employment protect children, the reputation and resources of the department and, proactively address actual or perceived conflicts of interest.

If you are employed in a permanent full-time or temporary full-time position, you must:

  • seek approval in writing from your manager before engaging in any private or secondary employment
  • only begin private or secondary employment after you have received approval in writing. Approval must be obtained at least annually
  • ensure your private or secondary employment aligns with the department’s private and secondary employment procedure
  • not use your official position for personal advantage in pursuit of private income
  • immediately report to your workplace manager any conflicts of interest that arise because of your secondary or private employment. If the conflict cannot be managed, managers should withdraw approval for the other employment.

Failing to seek approval to engage in private and/or secondary employment may amount to misconduct and/or serious wrongdoing as defined by the Public Interest Disclosures Act 2022.

Appropriate conduct:

  • An employee makes a written request to work as a security guard on weeknights. The employee’s workplace manager is concerned about their capacity to undertake additional work because of their overall performance. The employee explains that they are experiencing financial difficulties. An agreement is reached and documented that the employee can work on Friday and Saturday nights and written approval is granted on this basis. It is agreed that the arrangement will be reviewed if concerns are raised about the employee’s performance and written approval is granted on this basis.

Inappropriate conduct:

  • In addition to being a full-time employee of the department, an employee works as a taxi driver between 6.00pm and 3.00am 3 nights a week. The employee does not have prior approval for private employment. The employee’s colleagues observe him sleeping at various times during the day. He is also falling behind in his work.
  • A music teacher provides paid piano tuition to students from the school in the music room. The conduct creates a perceived, if not actual, conflict of interest with the teacher’s primary role. The music teacher is also inappropriately using public resources to generate private income.
  • A temporary employee takes sick leave and undertakes private tutoring at the same time.

5.9 Recruitment

If you are involved in any recruitment you must comply with the ethical framework requirement to recruit and promote employees on merit and comply with applicable legislative requirements concerning the recruitment process.

You must also promptly declare any conflict of interest as required by this Code and the department’s policies and procedures. Where applicable you must work with the appropriate person with responsibility for managing the conflict to resolve any conflict in the public interest rather than your own or another person's personal interest.

Knowing an applicant does not necessarily amount to a conflict of interest or exclude participation in the selection process. However, declaring a potential conflict enables the panel to resolve or manage any conflicts of interest that might unduly influence panel deliberations.

Failing to effectively declare and manage a conflict of interest while involved in a recruitment process may amount to misconduct and/or serious wrongdoing as defined by the Public Interest Disclosures Act 2022.

Department employees must:

  • not be involved in any decisions relating to the discipline, promotion, pay or conditions of a current or prospective employee with whom they have a close personal or business relationship
  • declare any prior personal or business relationship with or interest in an applicant where they are a member of a selection panel.

Appropriate conduct

An employee and panel convenor previously supervised one of the applicants. The employee makes a declaration to panel members about their prior relationship with the applicant and the potential conflict. The declaration is recorded in the recruitment documentation. The employee’s workplace manager is informed about the declaration and decides that the panel can proceed.

Inappropriate conduct

A principal arranges for their son-in-law to work as a casual teacher but fails to inform their director of the relationship. Employees should not approve employment arrangements for family members and workplace supervisors should declare, manage and document conflicts of interest.

5.10 Gifts, benefits and hospitality

In the course of your work you – or, occasionally, your family, relations, friends, or associates - might be offered gifts, benefits and/or hospitality by students, parents, colleagues, customers, clients, applicants, suppliers, or other persons or organisations.

Where a gift, benefit, or hospitality of token value is offered simply as a memento or a small token of appreciation, accepting it is unlikely to be inconsistent with your obligations under the ethical framework for the government sector, unless your agency policy prohibits you from accepting any form of gift or benefit.

However, you should always be aware that gifts benefits and/or hospitality might be offered to influence you when making a decision, or to provide a favour, which will advance the interests of the giver, either now or in the future.

You should never:

  • solicit gifts, benefits and/or hospitality from anyone
  • accept any gifts, benefits and/or hospitality offered to you that is intended, or likely, to cause you to act in a certain way
  • accept any gift, benefit and/or hospitality where there could be a perception that it has been offered as an inducement or incentive to act in a certain way
  • accept any gift, benefit and/or hospitality for a family member, relation, friend or associate that is intended as, or could reasonably be perceived to be, an inducement or incentive to act in a certain way
  • accept any gift, benefit and/or hospitality where you currently or may in the future exercise discretion in the making of a decision affecting the giver
  • accept any offers that do not meet the principles of the giver, influence, favour and trust (GIFT) test.

You should ensure you understand and adhere to the department’s Gifts, benefits and hospitality procedures relating to the declaration and management of gifts, benefits and/or hospitality.

You must declare, register and manage a gift, benefit or hospitality that is not token in nature (valued at more than $50) and/or impossible to refuse according to the standards set out in the Gifts, benefits and hospitality procedures.

Failing to adhere to these procedures or accepting improper gifts, benefits or hospitality may amount to misconduct and/or serious wrongdoing as defined by the Public Interest Disclosures Act 2022.

You must refuse bribes or inducements and report them in line with the department’s policy.

Appropriate conduct

A teacher attends a private training event paid for by the department. The teacher wins a laptop as a lucky door prize. The teacher declares the prize and records it on the school’s gifts and benefits register. The laptop is the property of the department and the principal appropriately decides that it will be used by students.

Inappropriate conduct

A supplier thanks an employee for their loyalty and sends them a gift card. The employee fails to declare the gift card and uses it for personal purchases. The gift cards may give rise to the perception that the employee has been induced to continue to purchase goods.

5.11 Fraud, corruption and maladministration

Corrupt conduct is the conduct of any individual, whether a public official or not, that adversely affects (or could adversely affect), either directly or indirectly, the honest and impartial exercise of public official functions.

Fraud involves dishonestly obtaining a benefit, or causing a loss, by deception or other means. Fraud is established as an offence in section 192E of the Crimes Act 1900.

Maladministration is conduct that involves action or inaction of a serious nature that is contrary to law, unreasonable, unjust, oppressive, improperly discriminatory or based wholly or partly on improper motives.

The department does not tolerate any form of fraud, corruption or maladministration and is vigilant in its prevention, deterrence, detection and investigation.

All employees must act ethically, with integrity and in accordance with the law, this Code and related policies and procedures.

All employees must know the risks of fraud, corruption and maladministration in the workplace. Employees must take practical steps to avoid or manage risks and report all suspected cases of fraud, corruption or maladministration.

The department's Public Interest disclosures procedures establishes its commitment to supporting and protecting employees who report wrongdoing.

Department employees must:

  • act lawfully, ethically and honestly always
  • act within their delegated authority
  • comply with department policies, procedures and guidelines
  • not seek to circumvent financial, fraud or corruption controls. Employees have reporting responsibilities as detailed in this Code’s section 6.1 How to report serious wrongdoing.
Appropriate conduct:
  • An employee becomes aware of a colleague submitting fraudulent timesheets. The employee reports it to their workplace manager.

Inappropriate conduct:

  • An employee makes false and unauthorised payments from school funds to their own private company. This is a criminal offence. Where it is reasonably believed that an employee has committed a criminal offence, the matter must be referred to Professional and Ethical Standards and they will report it to the police.
  • A principal fails to maintain up-to-date enrolment records, over-inflating student numbers and increasing staffing at the school. Public monies should be used efficiently and effectively. Circumventing processes undermines fair staffing across schools.
  • An employee uses a department fuel card to fill their private vehicle because they had, on other occasions, transported equipment and supplies for work. The employee is required to claim for the use of their private vehicle and to use the fuel card for work purposes only. The conduct is unethical and circumvents financial controls aimed at preventing corruption.
  • A principal improperly authorises $300,000 in building works to build office space through invoice splitting and authorising incorrect expenditure coding. The expenditure is hidden and demonstrates an unreasonable waste of public resources.

5.12 Lobbying

NSW public sector officials are required to act impartially in the public interest when carrying out their public duties including when being lobbied or making decisions after being lobbied, by lobbyists.

You must comply with the values principles and requirements in this Code and Premiers Memorandum M2019-02 NSW Lobbyists Code of Conduct. The Lobbying for Government Officials Act 2011 (NSW) restricts lobbying of government officials by lobbyists, and requires lobbyists to comply with ethical standards of conduct and other requirements set out in the Lobbyists Code of Conduct. It is important for public confidence in the integrity of government that lobbying is carried out with appropriate probity and transparency.

Appropriate conduct

Employees attend a meeting with a community action group formed to oppose a department decision to close a school. The employees document a record of the meeting including items of discussion, substantive issues raised, when and where it took place and key decisions, advice, actions and information given to the community action group.

Inappropriate conduct

Senior department employees agree to meet with a lobbyist who vaguely describes the meeting’s purpose as being about ‘a great financial opportunity’. The lobbyist requests that employees do not take notes of the meeting and that they want to keep it ‘low key’.

5.13 Making public comment

Public comment is any comment made where it is expected that it will be seen or heard by members of the public. It includes:

  • profiles or activities on a social media
  • comments on internet sites or broadcast by electronic means
  • public speaking engagements
  • comments to radio television or print reporters (including letters to the editor)
  • comments in books journals or notices
  • appearances before parliamentary committees.

You must not make any public comment on behalf of the department or in the course of your work unless authorised to do so. When making an authorised public comment for official duties you should:

  • only state the facts
  • avoid expressing opinions on government policies or government decisions, unless you are authorised to do so or this is part of your the department’s role
  • only disclose information that is publicly available or has been published or is information that you are authorised to disclose.

You are able to participate in public debate on political and social issues in a private capacity, including on social media. In making public comments in a private capacity, you should ensure your comments:

  • are clearly identified, and understood to be your personal views
  • do not discuss or disclose information concerning your work, or workplace that is not publicly available
  • are lawful – do not post material that is defamatory, bullying, harassing, breaches privacy, is in contempt of court, breaches intellectual property rights or is otherwise unlawful.

You must not act in a way that casts doubt on your ability or the ability of the department to act impartially, apolitically and professionally.

Employees must inform their workplace manager of any political, community or personal associations that may affect, or be perceived to affect, their work.

Employees can communicate directly with a Member of Parliament on an issue affecting them as private citizens.

As an elected or nominated spokesperson for a professional association or a union, employees can make public comments about education and training matters. It must be clear that those comments represent the views of the association or union and not the department.

Department employees must:

  • clearly state the capacity in which they are expressing their views
  • not make any comment that may cast doubt on their ability to objectively implement department policies and decisions
  • not participate in private political activities while on duty or on work premises
  • not claim to represent the department when not authorised
  • not deliberately or recklessly misrepresent the department’s position on any issue
  • not use the department’s resources, intellectual property, letterhead or information to assist in their political, community or personal activities
  • not disparage, humiliate or defame others
  • not undermine the department’s reputation or values.

Appropriate conduct:

  • An employee involved in a political party, comments critically to their local media about the government’s planning laws and lack of open space. The employee does not identify their role in the department and their comments are robust but not defamatory. The conduct complies with this Code.

Inappropriate conduct:

  • An employee speaks at a protest rally and identifies themselves as a public school teacher. The employee makes disparaging comments about the department’s policies. The teacher does not indicate that they are providing comments on behalf of a union or professional association. The conduct does not comply with this Code.
  • A teacher hands out leaflets to students and parents on the school playground encouraging them to support the funding of an educational program. The conduct does not comply with this Code.
  • An employee is required to implement a new program. The employee makes public statements which raise concerns about the intended benefits of the program. The employee also makes comments on their social media account, which reveals preliminary data and their dissatisfaction with the program. The conduct casts doubt on the employee’s capacity to implement the program. The conduct does not comply with this Code.

5.14 References

A personal reference is a document that comments about another person’s skills, conduct, performance, character or potential suitability in relation to employment matters.

Department employees must remain impartial and not use their position to advantage or disadvantage others.

References in an official capacity

When providing a personal reference in an official capacity, employees must:

  • know the purpose of the reference and seek written confirmation from the person requesting the reference
  • not use department letterhead or logos (including school logos) on an employee or former employee’s reference
  • not endorse a supplier or product on behalf of, or as a representative of, the department including through testimonials
  • not attest to another employee’s disciplinary or investigation history unless you are authorised to access and release this information
  • not provide a reference for legal proceedings.

Work referee reports

Department employees, when providing a work referee report, must:

  • only provide information that is honest, objective and verifiable
  • not use department letterhead or logos (including school logos).

References in a personal capacity

Employees, when providing a reference in a personal capacity, must:

  • ensure they do not bring the department into disrepute
  • declare the personal nature of the reference and only refer to their position if this is necessary to give context to the reference
  • not use department letterhead or logos (including school logos).

Appropriate conduct:

  • An employee requests a principal provide a reference for their Working with Children Check assessment. The principal agrees to provide information about the employee’s work history and observed interactions with students. The principal refers the reference to Professional and Ethical Standards to complete the reference details about the employee’s investigation history.
  • A friend approaches an employee after being convicted of a domestic violence offence and asks for a reference because they are a teacher. The employee could write a reference in a personal capacity but declines to do so because it may be perceived poorly by their school community.
  • An employee requests a character reference from their workplace manager on department letterhead. The workplace manager seeks clarification in writing about the reference’s purpose and is advised it is for family law proceedings. The workplace manager declines because they are not authorised to complete this type of reference in an official capacity.

Inappropriate conduct:

  • An employee is happy with the services of a supplier and provides positive feedback during a call. The employee agrees to provide their feedback as a testimonial for the supplier to include on their website.
  • An educational software company asks a teacher for a testimonial to be used on their website with their name and position. The teacher agrees because their school will receive a free subscription.

5.15 Risk management

When carrying out your work or contributing to the making of decisions you have a duty to objectively identify any risks and report them to your manager or the relevant decision maker so they can be assessed and appropriately managed in a lawful way. Risks must be managed in accordance with the department’s risk management policy and applicable mandatory NSW treasury policies.

5.16 Use of public resources

You must use public resources in an efficient, effective and prudent way.

You must not use public resources – including such things as money, property, equipment or consumables – for an unauthorised purpose. You must not use your position, or access to government and/or department resources and information, for personal gain or the gain of another person.

When procuring goods and services for your employer, you must ensure you:

  • declare any conflicts of interest in accordance with the department’s conflict of interest policy (if any)
  • work with the appropriate person with responsibility for managing any conflict to resolve any conflicts in the public interest, rather than your own or another person's personal interest
  • comply with the applicable NSW procurement board policies and directions as well as your agencies procurement policies (if any)
  • comply with the principles of probity and fairness
  • take reasonable steps to ensure the goods and services are not the product of modern slavery
  • obtain value for money.

You are required to comply with this Code, your legislative obligations, the NSW Government Procurement Policy framework, and the department’s procedures as listed in further information below.

The department considers public resources to include your work time. During work time, personal devices should be used sparingly and in a manner that does not disrupt your work. This includes disruption to supervision, teaching and learning.

Employees must ensure that purchases made with school funds are sufficiently linked to student outcomes and do not benefit employees personally.

Failing to comply with these requirements or misusing public resources may amount to misconduct and/or serious wrongdoing as defined by the Public Interest Disclosures Act 2022.

Appropriate conduct:

  • An employee is tasked with purchasing office equipment for their business unit. The employee confirms the delegations, financial and procurement procedures that apply. The employee follows these processes in making the purchase using the EdBuy platform.

Inappropriate conduct:

  • An employee uses their phone during the classes they supervise to take calls and respond to social media posts. The employee is distracted from their class responsibilities. The employee has a responsibility to use their paid work time effectively and efficiently.
  • An employee collects cash funds raised by students for a charitable organisation. The employee fails to count, receipt or bank the money, placing it in their desk drawer for several days, saying they will use their own credit card to make the full donation. The money goes missing and the total loss cannot be quantified. The money, effectively held in trust for the charity, has not been secured and the practices do not comply with financial procedures.
  • As part of a staff wellbeing initiative, an employee decides to have an open tab with a local café, using public funds, to allow staff to debrief and undertake supervision sessions over coffee.

5.17 Copyright and intellectual property

All employees play an important role in ensuring intellectual property is correctly identified, protected and used.

Anything employees develop, invent or create in the course of their work with the department, whether alone or in collaboration with others, is the department’s intellectual property. This may apply even when employees develop material in their own time or at home.

Department employees must:

  • respect the department’s intellectual property rights (including copyright) over material it produces, even after leaving the department
  • not use the department’s intellectual property for private purposes without obtaining written permission from the directorate or unit that created the material
  • seek advice from the unit/directorate that created the intellectual property and/or Legal Services before sharing or licensing the department’s intellectual property
  • ensure the intellectual property rights of others are not infringed and the copyright/other rights of any third-party information included in department materials are correctly identified
  • ensure they secure the intellectual property rights for the department to any material commissioned from external parties, including students and parents.

Appropriate conduct:

  • A teacher writes a maths textbook in their spare time. It reproduces maths resources that are publicly available on the department’s website. The resources are identified as belonging to the department, a link is provided, and the acknowledgements include the author thanking the department for permitting the reproduction. The teacher has sought permission to reproduce the material even though it is in the public domain.
  • A principal asks a parent and graphic designer to design a new school logo. As part of the agreement, the graphic designer assigns all rights in the design to the department. The principal has ensured the school can reproduce the logo in various ways without seeking permission or further costs.

Inappropriate conduct:

  • A teacher posts resources developed by their faculty, including their own work, on a publicly accessible online resource hub under their own name. Material created during the teacher’s employment is the department’s intellectual property and must not be used without permission.

5.18 Workplace health and safety

We all have a role to play in ensuring the safety (physical and psychological) of ourselves and others in the workplace.

You must take reasonable care for your own health and safety, and not do anything that adversely affects the health and safety of others. You should report risks to health and safety in accordance with your duties under the Work Health and Safety Act 2011 (NSW)) and familiarise yourself with the work health and safety arrangements in your workplace.

Managers may have more substantial obligations involving the safety of those under their supervision or attending work locations and should familiarise themselves with these obligations.

5.19 Post-separation employment

Employees must be careful in their dealings with former department employees. Employees must not give, or appear to give, former employees favourable treatment or access to privileged information.

Employees must report to their workplace manager any attempts made by former employees to influence or lobby them about the department’s activities.

Before separating from the department, employees must:

  • not use their position unfairly to improve their own prospects of future employment. Allowing plans for, or offer of, employment outside the department to improperly influence their work, means there is a conflict of interest and their integrity, as well as that of the department, is at risk
  • return any department property.

After separating from the department, employees must:

  • respect the confidentiality of information received in their work and the department’s intellectual property rights over material produced by the department, including material they produced while an employee
  • not take department resources or other information or equipment unless authorised.

Appropriate conduct

A workplace manager who employs contractors to supply a service resigns and sets up their own business to supply the same service to the department. The former employee has an unfair advantage over competitors as they have detailed knowledge of the department’s tendering requirements and processes. They also have established relationships with current employees who are likely to be involved in awarding the contract. The department employees declare the conflicts of interest and ensure that decisions about the contract are made by an independent person.

Inappropriate conduct

A former employee now works for a private school in NSW. Before leaving the department, the employee downloaded the department’s teaching resources and used them to benefit their new employer.

6. Behaviour contrary to the code

Behaviour contrary to this Code or to the Ethical Framework for the government sector can create an unsafe environment for students, unsafe workspace, bring individuals into disrepute, undermine productive relationships with colleagues and the public, and damage public trust in the department or the broader government sector.

A contravention of this Code may be misconduct for the purposes of section 69 of the GSE Act or other legislation governing the conduct of government sector employees in the Teaching Service, Police Force, Health Service, Transport Service and other services of the Crown, which includes school administrative and support staff.

The consequences of breaching this Code are described in various pieces of employment legislation and regulations.

Workplace managers are responsible for promptly addressing and responding to employee breaches of this Code. Depending on the nature of the breach, this may justify taking direct management action, issuing a direction or taking action (including but not limited to disciplinary action) following an investigation by Professional and Ethical Standards.

If you are unsure of what is appropriate conduct in a particular situation, you can discuss the matter with your manager.

If you see someone act in ways that are contrary to this Code, you should raise your concerns with your workplace manager, who will determine whether a report to Professional and Ethical Standards is warranted. If your concern is about your workplace manager, you should raise your concern with their manager.

Department employees:

  • have a duty to report wrongdoing
  • must report suspected breaches of this Code to their workplace manager. If the suspected breach concerns the workplace manager, make their report to their manager’s line manager
  • have a duty to support employees who have made disclosures, as well as protect and maintain their confidentiality
  • must not make unfounded complaints with malicious, frivolous or vexatious intent against students, colleagues or members of the public
  • must not take detrimental action against a reporter, irrespective of the merits of the report.

Workplace managers must also:

  • provide support and guidance to any person who confides in them about making a report or disclosure in alignment with law and policy
  • identify and act on any public interest disclosure by recording and reporting it to a disclosure officer (the most senior employee in their workplace) or Professional and Ethical Standards
  • report allegations of criminal conduct and wrongdoing to Professional and Ethical Standards who will assess the report and ensure it has been properly reported to other agencies
  • report to police if they become aware of a serious offence committed by a person outside of the department.

6.1 How to report serious wrongdoing

The Public Interest Disclosures Act 2022 (NSW) (PID Act) establishes a framework to encourage people who work in the public sector to report serious wrongdoing. Serious wrongdoing means one or more of the following:

  • corrupt conduct
  • serious maladministration
  • a government information contravention (other than a trivial failure)
  • a local government pecuniary interest contravention
  • a privacy contravention (other than a trivial failure)
  • a serious and substantial waste of public money.

If you become aware of serious wrongdoing, you can report your concerns in accordance with your agency's public interest disclosure policy. You can also contact the relevant integrity agency body (such as the Ombudsman, Independent Commission against Corruption, Auditor-General or Law Enforcement Conduct Commission).

If you believe conduct may be illegal or constitute a criminal offence, you should follow your agency's policies for reporting wrongdoing or, if appropriate, report the matter to the NSW Police Force.

Under the PID Act, it is both a criminal offence and misconduct to take detrimental action against a person who makes, or is suspected of making, a public interest disclosure. The PID Act provides a range of additional protections against detrimental action.

When a public official, as defined in the PID Act, reports suspected or possible wrongdoing in the public sector, their report will be a public interest disclosure (PID) if it has certain features which are set out in the PID Act. PIDs must be managed in accordance with the PID Act.

Further information about public interest disclosures is available on the NSW Ombudsman's website and in the department’s procedures, which reflect the department’s commitment to implementing the PID Act and building a speak-up culture where employees feel comfortable to report serious wrongdoing when they witness it.

Department employees must not:

  • take detrimental action against a person for making a report, providing evidence or raising a complaint
  • seek to directly discuss a person’s report, evidence or complaint where an investigation or complaint process has commenced without the complaint manager’s or investigator’s approval.

Appropriate conduct:

  • An employee is aware that allegations have been made about their conduct. They discuss with their workplace manager a plan to manage work relationships and avoid perceptions of reprisal. The employee does not discuss the allegation with other people at work except their support person, the workplace manager and the investigator responsible for the matter.

Inappropriate conduct:

  • A workplace manager becomes aware that a temporary employee has complained about their conduct. The manager decides not to renew the employee’s temporary contract as they view them as a troublemaker. They fill the position with another temporary staff member. The manager does not declare a conflict of interest to their supervisor or have any logical reasons for taking such action. The conduct is likely to be viewed as detrimental action in reprisal for the employee’s report.
  • An employee is advised that they are the subject of an investigation and has been invited to nominate potential witnesses. The employee approaches several people asking them about their views of the incident, without first seeking the investigator’s approval before approaching witnesses.

6.2 Reporting security and data breaches

Department employees must report to their workplace manager:

  • actual or suspected breaches of cyber security
  • unauthorised access to confidential information
  • unauthorised disclosure of confidential information
  • inappropriate use of government data and systems
  • cyber-related risks to department systems and/or information.

Employees must also make reports to other areas of the department as required. This may include Information Security and EDConnect.

Appropriate conduct

An employee opens an attachment from what they believe is a legitimate source. They recognise it is a ‘harpooning’ email. The employee closes the attachment and reports it to their workplace manager and EDConnect.

Inappropriate conduct

An employee becomes aware that they have inadvertently sent an email to multiple recipients containing confidential personal information. The employee recalls the email but is unsure who may have received the information. They are concerned about getting into trouble and decide not to report the matter. The employee has failed in their reporting obligations to report and prevented the containment and mitigation of the data breach.

6.3 Actions when allegations are made

Professional and Ethical Standards (PES) is delegated to manage and make decisions in relation to allegations of misconduct. PES publishes resources to assist workplace managers and employees in understanding the processes followed under the relevant employment acts when allegations are raised and, if appropriate, investigated.

For employees of the public service agencies, the GSE Act and Government Sector Employment (General) Rules 2014 set out how allegations of misconduct are to be dealt with, which include:

  • requirements that the relevant employee be advised of the detail of the allegation
  • the action that may be taken against the relevant employee if there is a finding of misconduct
  • the process to be undertaken to investigate and resolve the matter
  • that the relevant employee be provided a reasonable opportunity to respond to the allegations and the proposed action to be taken.

Government sector agencies that are not part of the public service, that is the Teaching Service, Police Force, Health Service, Transport Service and other services of the Crown are not bound by the misconduct provisions in the GSE Act and GSE rules, unless so prescribed.

The department’s Guidelines for the management of conduct and performance are the procedural guidelines issued pursuant to section 93D of the Teaching Service Act 1980 (NSW) and section 30 of the Education (School Administrative and Support Staff) Act 1987 (NSW). The Guidelines apply to:

  • officers (permanent employees) who are employed under the Teaching Service Act 1980 (NSW)
  • permanent employees employed under the Education (School Administrative and Support Staff) Act 1987.

In relation to allegations of misconduct, the guidelines ensure, at a minimum, that a permanent employee employed under the above legislation:

  • is advised in writing of the alleged misconduct and that the allegation may lead to disciplinary action being taken
  • is given an opportunity to respond to the allegation
  • is given reasonable opportunity to make a submission in relation to any proposed disciplinary action.

The guidelines must be consistent with procedural fairness.

The guidelines extend to temporary employees in certain, limited circumstances. For further information, refer to the guidelines.

6.4 Responding to complaints

The department is committed to continuously improving the way we work and resolving complaints promptly at a local level.

As a department employee, you must:

  • manage complaints promptly, fairly and objectively
  • be aware of, and comply with, the department’s complaints handling policy and procedures.

Appropriate conduct:

  • A principal receives a complaint from a family about their child’s treatment at school. The family is invited to a meeting at the school. During the meeting, the family is given an opportunity to air their concerns. All parties focus on the student’s needs and an apology is given where the school has fallen short. A written plan is developed. Management of the complaint is fair and timely.
  • An employee raises a concern about their treatment in the workplace by a colleague. The workplace manager encourages the employee to speak with their colleague about their concerns if they feel comfortable doing so. The workplace manager returns to the employee a week later to ask whether their concerns have been resolved. The workplace manager has encouraged direct and early resolution of the complaint.

Inappropriate conduct:

  • An employee reads a complaint and quickly decides that the school has failed its obligations. They write to the complainant to advise that the complaint will be resolved. The employee has failed to consult or gather information from relevant parties to help them understand the full context and arrive at a fair outcome.

7. Declaring private interests as a senior executive

A senior executive (including an acting senior executive) must make a written declaration of private, financial, business, personal, and other interests or relationships that have the potential to influence, or could reasonably be perceived to influence, the senior executive’s duties, including decisions made or advice given by the senior executive.

Government sector agencies heads who are statutory officeholders and not subject to this Code may wish to provide a voluntary declaration of interests. They can do so to the person exercising employer functions in relation to the statutory officeholder to the extent that this is possible for example statutory officers whose employment is governed by a contract of employment with a minister or who are subject to ministerial direction or control in respect of some or all of their functions could make their voluntary declaration to that minister. Where this is not possible or appropriate in the circumstances voluntary declarations may be made to the secretary of the premier's department.

Where a senior executive has no such private interests to declare, they must declare a ‘nil return’.

After a senior executive makes an initial declaration, a fresh declaration must be made:

  • as soon as practicable, following any relevant change in the senior executive’s private interests
  • as soon as practicable, following the senior executive’s assignment to a new role or responsibility
  • at least annually.

A template form for making private interests declarations is available on the PSC's website. The form may be used ‘as is’ or augmented by a department/agency to reflect the operating environment and/or business risks which are specific to the department/agency.

An acting senior executive is not required to make a fresh declaration on each ‘acting’ occasion and may rely on their most recent declaration provided:

  • that declaration is brought to the attention of their current manager
  • there are no additional undeclared private financial, business, personal or other interests or relationships that have the potential to influence, or could be perceived influence, decisions made, or advice given by the senior executive whilst they are acting.

A senior executive must provide their declaration to:

  • in a department, the Secretary
  • in an executive agency related to a department, the agency head
  • in a separate public service agency, the agency head
  • in the Teaching Service, NSW Police Force, NSW Health Service, Transport Service of NSW, and any other service of the Crown, the head of the service.

In the department, you are able to meet this requirement by accessing and submitting the Declaration of Private Interests form using the enterprise risk management system

A Department Secretary must provide their declaration to the Secretary of the Premier's Department.

The Secretary of the Premier's Department must provide their declaration to the Public Service Commissioner.

A head of an executive agency related to a department must provide their declaration to the department Secretary.

A head of a transport-related service must provide their declaration to the Secretary of the Department of Transport.

A head of any other service of the Crown must provide their declaration to the Secretary of the Premier's Department.

Responsibilities of person receiving declaration

Government sector agency heads are responsible for ensuring that procedures are in place to require that:

  • senior executives complete declarations
  • handling and storage of declarations comply with the requirements of the PPIP Act
  • declared conflicts of interest are managed and monitored.

Record-keeping requirements

Refer to the Functional Retention and Disposal Authority: FA387 (PDF 106 KB) for information on retaining and disposing records.

Mandatory tools and templates

Supporting tools, resources and related information

Bulletins

External websites

Policy contact

Executive Director, Professional and Ethical Standards
02 7814 3722
pes@det.nsw.edu.au

The Executive Director, Professional and Ethical Standards monitors the implementation of these standards, regularly reviews their contents to ensure relevance and accuracy, and updates them as needed.

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