NESA's Code of Ethics and Conduct

5. Minimum expected standards of behaviour

On this page

All NESA employees are expected to know and act in accordance with the Ethical Framework and the general principles 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, Director, Executive Director or the People and Culture team.

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.

Acting in the public interest requires you to help NESA to deliver the policies, programs and stated outcomes of the Government of the day. However, acting in ways which are expedient or convenient, but which are inconsistent with the government sector 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, any relevant legislative, industrial and administrative requirements and any lawful direction made by a person with the authority to give such a direction.

The law includes, but is not limited to:

The above is not an exhaustive list of legislation that applies to our work at NESA. Other Acts, Regulations and or Rules may apply. If you are unsure what legislation applies to a situation, you should contact the relevant Subject Matter Expert for further guidance.

5.3. Respectful and safe relationships

Everyone has the right to expect they will be spoken to in a respectful manner. In dealing with other people, you should consider and respect different opinions and perspectives, working through disagreements with rational and open discussion.

You must:

treat everyone with dignity and respect
not use coarse, obscene, sexually suggestive, racist, misogynistic or discriminatory language in the workplace
take all necessary steps to ensure that the workplace reflects NESA’s values
adhere to NESA’s Prevention of Bullying, Harassment and Discrimination Policy.

5.4. Bullying, unlawful discrimination and harassment in the workplace

Everyone is entitled to be treated fairly and with courtesy and to feel safe and respected.

NESA is committed to creating a workforce that is diverse, inclusive and reflective of the community. 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. You must treat all colleagues, customers, stakeholders, and members of the public fairly, with dignity and respect.

You should not use information, communication technologies or social media to engage in conduct that could reasonably be considered to have a negative impact on another person, cause them harm, or make them feel unsafe.

You should ensure you understand and adhere to your legal obligations as well as NESA’s Sexual Harassment Prevention Policy and Prevention of Bullying, Harassment and Discrimination Policy.

You should take all necessary steps to prevent, address and report harassment, bullying and unlawful discrimination in the workplace.

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 must clarify and address allegations of bullying, unlawful discrimination, harassment and inappropriate workplace conduct promptly. You should refer to NESA’s policies for more information.

5.5. Confidentiality, privacy, records management, information security and data protection

5.5.1. Confidentiality

Government sector agencies, including NESA, hold and manage large amounts of information. This information needs to be managed in accordance with relevant legislative obligations and NESA’s policies and procedures regarding the storage, disclosure and distribution of confidential or sensitive personal, commercial or political information.

Unless otherwise authorised, you must maintain the confidentiality of all official information (including confidential, personal and other sensitive information or documents) held by NESA 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 make sure that sensitive information is only discussed with people, either within or outside NESA, who are authorised to have access to it. You must not disclose, access or use official information in an unauthorised way, including for your or anyone else’s personal benefit or advantage.

You must not access confidential records or information about children unless it is required for you to do your work.

You must make sure that confidential information, in any form (such as computer files, images or printed material), cannot be accessed by unauthorised people.

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.

5.5.2. Privacy

You must protect personal information and health information, and comply with applicable privacy obligations and NESA’s Data Breach Policy.

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

5.5.3. Records management

You must comply with record-keeping obligations that apply to your role. NESA’s Records and Information Management Policy and Records Management Procedure outlines the policy and procedural frameworks that are relevant to your employment with NESA and NSW Government record-keeping obligations.

You must not destroy records without proper authority.

5.5.4. Information security and data protection

Maintaining trust in the services provided by NESA requires the protection and professional use of NESA data and systems. It is important that we take simple steps to reduce the risk of security threats and help protect our systems and information from unauthorised access. These include that you:

Only access and use NESA systems, information and resources relevant to your duties and to which you are authorised to access and use.
Comply with NESA’s Information Security policies, Acceptable Use Policy and NSW Government Information Technology policies, procedures and guidelines.
Safeguard NESA property and resources under your control and keep track of all NESA property and resources allocated to you.
Use only approved software, hardware and applications.
Keep your passwords and other security information private, and don’t use access details that are not yours.
Never use any NESA systems to store, display or transmit any inappropriate material, such as illegal, sexually explicit, defamatory, discriminatory, abusive or violent material.
Take care when using third-party services, systems, or devices, including Artificial Intelligence (AI) and when in doubt, seek authorisation from NESA’s Information and Communication Technology (ICT) directorate.

5.6. Conflicts of interest

Sometimes you may find that your personal interest(s) make it difficult for you to perform your duties impartially in the public interest. This may happen when there is a direct conflict between your public duties and responsibilities and your personal interest (an ‘actual’ conflict of interest); when a reasonable person might perceive that your personal interest could be favoured over your public duties (a ‘perceived’ conflict of interest); or when you have a personal interest that could conflict with your public duties in the future (a ‘potential’ conflict of interest).

A conflict may arise from a range of factors, including:

personal relationships
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 interest.

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, you must:

always disclose the conflict of interest to your manager in accordance with this Code as soon as you become aware of the conflict
work with your manager to resolve any conflicts in NESA’s and the public interest, rather than your own or another person’s personal interest.

Managers 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.

To resolve any conflicts of interests that occur, or could occur, a range of options are available depending on the significance of the conflict. These options include, but are not limited to:

informing likely affected persons that a disclosure has been made, giving details and NESA’s view that there is no actual conflict or the potential for conflict is minimal
where the persons likely to be concerned about conflict are identifiable, seeking their views as to whether they object to you having any, or any further, involvement in the matter
removing you from circumstances and or situations where your personal and professional relationships cannot be separated and/or managed
setting out a process by which your manager, colleagues or an independent third party could provide additional supervision or oversight on certain decisions or transactions
restricting involvement in, or access to, certain assignments, tasks, or duties that could conflict with a personal interest
prohibiting commercial dealings with suppliers and other stakeholders that are not on a normal arm’s length basis
members of boards or committees absenting themselves from or not taking part in any debate or voting on an issue where a conflict arises
relinquishing or changing your private interests that present a conflict.

5.7. 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 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.

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 cash, cheques, money orders, gift vouchers, scholarships or awards
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 a gift, benefit and/or hospitality if you are unsure whether you should.

You should ensure you understand and adhere to NESA’s Gifts and Benefits Management Policy.

You must:

politely decline any gift, benefit and/or hospitality which has a value of over $100,
seek management approval to accept any gift, benefit and/or hospitality which is within the allowed thresholds, and
promptly record any gift, benefit and/or hospitality received or offered in the Gifts and Benefits Register.

You must refuse bribes or inducements and report them in line with the NESA Gifts and Benefits Management Policy.

5.8. Lobbying

NESA employees are required to act impartially in the public interest when carrying out their duties, including when being lobbied, or making decisions after being lobbied, by lobbyists. You must not meet or discuss your work with a person listed on the NSW Register of Third Party Lobbyists without the approval of a senior executive.

You must comply with the values, principles and requirements in this Code and the Premier’s Memorandum M2019-02 NSW Lobbyists Code of Conduct. The Lobbying of Government Officials Act 2011 (NSW) restricts lobbying of government officials by lobbyists and requires lobbyists to comply with the 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.

5.9. 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 (NSW).

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

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

You are required to act ethically, honestly, with integrity and in accordance with the law. You must comply with NESA policies, procedures and guidelines including this Code and the NESA Fraud and Corruption Prevention Control Framework and Policy.

You must be aware of the risks of fraud, corruption and maladministration in the workplace and act within your delegated authority. If you have responsibilities for resources, decision making or information you need to be aware of the behaviours that could result in actual or perceived fraud and corrupt conduct. You must not seek to circumvent financial, fraud or corruption controls.

You must take practical steps to avoid or manage risks and report all suspected cases of fraud, corruption and maladministration. Managers should be aware of the fraud and corruption risks in the activities they supervise.

NESA’s Public Interest Disclosure Policy establishes our commitment to supporting and protecting employees who report wrongdoing.

5.10. Social media and 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 social media
comments on internet sites or broadcasts 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 NESA or in the course of your work unless you are authorised to do so. You must seek approval from the Director Communications and Engagement before commenting publicly on the work of NESA.

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 role at NESA
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 a comment that is made in a private or union representative capacity and does not represent the official view of NESA
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 NESA, to act impartially, apolitically and professionally.

You should ensure you understand and adhere to your legal obligations as well as NESA’s Media Policy.

5.11. 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. It must be ethical and fair.

If you are on a selection panel, you must also promptly declare (via completion of a Conflict of Interest Declaration) any prior personal or professional relationship with, or interest in, an applicant. Prior knowledge of an applicant does not necessarily amount to a conflict of interest or exclude participation in the selection process. Declaration of a potential conflict enables the panel to resolve or manage any conflicts of interest that might unduly influence panel deliberations. Where applicable, you must work with the appropriate person for managing the conflict to resolve any conflicts in the public interest, rather than your own or another person’s personal interest.

As a NESA employee, you must:

not be involved in any decisions relating to the discipline, promotion, pay or conditions of a current or prospective employee with whom you have a close personal or professional relationship
inform the Recruitment team within People & Culture as soon as you become aware of a conflict of interest.

For more information contact the NESA Recruitment team.

5.12. 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 NESA’s Risk Management Framework and Risk Management Guidelines and applicable mandatory NSW Treasury policies.

5.13. Secondary employment

You may for various reasons wish to undertake either paid or unpaid work in addition to your role at NESA. Taking on additional work may give rise to a conflict of interest, or a reasonably perceived conflict, between your primary and secondary employment. You must consider whether the secondary employment may adversely affect the performance of your NESA duties and responsibilities or gives rise to a conflict of interest. If a conflict of interest occurs you should declare the conflict in accordance with this Code and resolve any conflicts in the public interest, rather than your own or another person’s personal interest.

You are not to undertake other paid work of any kind or unpaid work relevant to NESA’s functions without the permission of the NESA CEO or their delegate. For part-time or casual employees, you are not required to seek permission to undertake other paid or unpaid work for the days or period that you don’t undertake work for NESA if the additional work won’t affect your performance of your NESA duties and responsibilities, and no conflict of interest arises.

Approval of secondary employment will generally be granted provided the following conditions are met:

there is no actual or perceived conflict of interest
the employment does not affect your efficiency or effectiveness in performing your duties at NESA
any secondary employment is undertaken in you private time or during unpaid leave
no physical or intellectual property of NESA is used in connection with the secondary employment.

Approval of secondary employment is valid for up to 12 months and subject to review following 12 months or earlier, if necessary. Any secondary employment approval must be reviewed if you move to another role in NESA.

You must notify your manager if any circumstances change that could give rise to a conflict of interest during your approved secondary employment arrangements.

Directors are required to maintain a record of any approvals for secondary employment given to employees in their directorate.

You should consider the following if you are thinking about or have been granted permission to undertake secondary employment: your employment at NESA should always be given the highest priority
situations that give the appearance of a conflict of interest between your public duty and private interest should be avoided
whether the organisation offering secondary employment may be entering into a contractual relationship with the Government or may be in a regulatory relationship with NESA.

Generally, voluntary or unpaid activities are not considered as secondary employment and therefore it is not necessary for you to obtain permission to be involved. However, if there is a potential or perceived conflict with your NESA duties, you should discuss this with your manager and seek approval if the unpaid activities are relevant to NESA’s functions.

5.14. Use of public resources

You must use public resources in an efficient, effective and prudent way, including during your time at work.

The resources you use at work are public resources. You must:

not use public resources – including such things as money, property, equipment or consumables – for an unauthorised purpose
not use your position, or access to government resources and information, for personal gain or the gain of another person
make decisions relating to the use of public resources that are reasonable and can withstand public scrutiny
treat NESA property with due care and secure against theft and misuse
not use NESA equipment for personal or commercial income-generating activity
obtain written approval in advance from your manager to use NESA resources and facilities for personal use. Managers should record this arrangement in a workplace loans register
use personal devices sparingly during worktime and in a manner that does not disrupt your work or any other employee’s work.

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

declare any conflicts of interest in accordance with the conflicts of interest section of this Code
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 applicable NSW Procurement Board policies and directions as well as the NESA Procurement Policy and Procedures Manual
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 NESA Procurement Policy and Procedures Manual.

5.15. Professional conduct

At work we all expect a high standard of professionalism. To support this, you must:

act honestly
obey any lawful and reasonable direction or instruction given to you
undertake your duties in a timely and professional manner
comply with all NESA policies and procedures
clearly document reasons for your decisions and actions.

Managers are expected to maintain the good order and functioning of the workplace. This includes providing instruction and giving feedback to employees. Managers should:

be open, honest, respectful and comprehensive in your communication with all employees, including about standards of conduct and behaviour in the workplace
support the right of employees to raise workplace concerns, grievance complaints or allegations of discrimination, harassment and workplace bullying through internal and external processes, including the NESA Resolution of Workplace Complaints Policy
provide employees who report to you with information about the objectives and duties of their position
allocate work promptly and ensure that employees have the resources and support required to do their job
act promptly and with due process to prevent and address any breaches of this Code.

If you consider an instruction unreasonable, you should tell the person issuing the instruction while also ensuring your response is delivered respectfully. You should provide reasons for your concerns and allow the person an opportunity to respond. If you remain concerned, you may seek advice at the next management level.

5.16. Workplace health and safety

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

You must take reasonable care for your own health and safety, including when working from home or remotely, and not do anything that adversely affects the health and safety of others. You should proactively identify and 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.

You must:

comply with any reasonable safety instructions, policies, or guidance provided to you by NESA or your manager
take reasonable care to ensure your workplace is safe and secure for everyone
undertake your work duties in a manner which does not create a hazard for yourself or others
report all incidents, hazards or unsafe working conditions
cooperate with appropriate work instructions, policies and procedures aimed at managing safety risks and hazards in the workplace
act with the authority you hold to address or refer safety risks and hazards to relevant officers within NESA
help, to the best of your ability, an injured or sick person in our workplace including obtaining the assistance of a trained person who can attend to them.

Managers may have more substantial obligations involving the safety of those under their supervision or attending work locations. These include:

consulting with employees on matters relating to health and safety
eliminating or minimising hazards and risks in the workplace
ensuring employees are capable of safely performing their tasks by giving them information, training, instruction and supervision
leading by example and promoting work, health and safety at every opportunity
implementing corrective actions to improve safety in the workplace
following up on hazards and incidents reported by employees.

5.17. Drugs, alcohol and smoking

NESA is committed to having an environment where everyone present can be safe, productive and healthy. The use of drugs (illicit or recreational), alcohol and tobacco in the workplace is not acceptable.

You must present to work in a fit state. You must ensure your capacity to perform your duties is not impaired by the use of alcohol or drugs and that the use of any substance does not put you or another person at risk.

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

Drugs and non-prescribed substances

As a NESA employee you must:

not work under the influence of drugs or non-prescribed substances
not attend work if you have in your possession or are in control of, any illegal drugs or non-prescribed substances
not give or supply any person drugs or non-prescribed substances
comply with reasonable instructions by your manager if they suspect you may be working while under the influence of drugs or non-prescribed substances
notify your supervisor if you 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 on your work performance or the reputation of NESA
immediately report any concerns about an employee or others in the workplace who appear to be affected by drugs or other substances.

Managers must also not permit employees or contractors to use, possess or supply drugs or non-prescribed substances.

Alcohol

As a NESA employee you:

must not be under the influence of alcohol when commencing work or while at work
must not consume alcohol on NESA premises at any time
may only store alcohol in the workplace when required to do so as part of your official duties.

If you are attending a work endorsed event or work social function where the consumption of alcohol is permitted and you choose to consume alcohol, you must:

consume alcohol responsibly
not become inebriated
uphold an appropriate standard of behaviour at all times.

Smoking or using electronic smoking devices

You must not smoke or permit smoking (including e-cigarettes and vaping devices) in any NESA work site or enclosed public space managed by NESA, or at any work-related function. This includes buildings, utility rooms or storerooms, vehicles and car parks.

5.18. Separation

You must be careful in your dealings with former NESA employees. You must not give them, or appear to give them, favourable treatment, or access to privileged information. You should report to your manager any attempts made by former employees to influence or lobby you about NESA’s activities.

You should not use your position unfairly to obtain opportunities for future employment. You should not allow yourself or your work to be influenced by plans for, or offers of, employment outside NESA. If you do, there is a conflict of interest, and your integrity, and that of NESA, is at risk.

Former employees should not use, or take advantage of, confidential information received in their work until it has become publicly available, including material they produced while an employee.

5.19. Disclosures

The Government Sector Employment Regulation 2014 (NSW) requires employees to report serious criminal offences or bankruptcy.

A serious offence is any offence punishable by imprisonment for 12 months or more. If you are issued with a Court Attendance Notice, charged with, convicted of and/or guilty of a serious offence you must promptly inform your manager in writing. This includes where you have been found guilty by a court of such an offence but where no conviction is recorded.

Bankruptcy is a legal process where you are declared unable to pay your debts. Unless you are a casual employee, you must inform your manager in writing if you become bankrupt, which also extends to formal arrangements to avoid bankruptcy including a composition, arrangement or assignment for the benefit of creditors. You must also provide information about the cause.

Managers must report any disclosures of serious criminal offences or bankruptcy to the Chief People Officer. As a manager, if you have reason to believe that an employee has been charged with or convicted of a serious offence and not reported the matter, you should immediately inform the Chief People Officer in writing.

Print this page

Request accessible format of this publication.