Introduction

Purpose

The purpose of the Code is to identify mandatory requirements and best practice conduct for NESA employees which is consistent with Part 2 of the Government Sector Employment Act 2013 (GSE Act), (the Ethical framework for the government sector).

The Ethical Framework is to be demonstrated by employees in their working relations with other government sector employees, clients and customers, stakeholders and the government of the day.

The Code applies at all times when NESA employees are acting in the course of, or in connection with, NSW government sector employment.

The Code also specifies actions to be taken if there are breaches, or allegations of breaches, of the Code.

Relationship to the Public Service Commission’s Code

This Code applies to NSW government sector employees, irrespective of the Department or agency for which they are working. Agency heads may choose to extend this Code’s application to contractors and volunteers engaged by the agency, if appropriate.

NESA has supplemented the Public Service Commission’s Code of Ethics and Conduct (PSC) for NSW government sector employees with requirements and advice specific to the NESA’ operating environment and business risks.

This material has been incorporated into this Code to form a single consolidated document.

Note that the NESA Code of Conduct and Ethics that applied immediately before this one included provisions about the acceptance of gifts or benefits. The relevant information is now contained in a separate document, NESA Managing Gifts and Benefits Policy published simultaneously with this new Code.

Legislation applicable to NESA

A principle of the Ethical Framework is to uphold the law. The law includes, but is not limited to:

• Government Sector Employment Act 2013 (GSE Act) – Sections 25 and 30 regarding the general conduct and management of organisations in accordance with the core values. Section 63 regarding workforce diversity and the integration of workforce diversity into agency workforce planning.
• Public Finance and Audit Act 1983 – sections 11 and 45C regarding the system of internal control over the financial and related operations of agencies.
• Anti-Discrimination Act 1977 – regarding equal employment opportunity and equal access to services.
• Government Information (Public Access) Act 2009 (GIPA act) – regarding public access arrangements to agency information.
• Public Interest Disclosures Act 2022 – regarding receiving, assessing and dealing with public interest disclosures.
• Independent Commission Against Corruption (ICAC) Act 1988 – regarding reporting of any matter suspected on reasonable grounds to involve corrupt conduct and to comply with any requirement or direction of the ICAC in relation to a referral of matters by the ICAC.
• Government Advertising Act 2011 – regarding requirements to issue advertising compliance certificates.
• Children's Guardian Act 2019 – regarding obligations to cooperate with investigations by the Office of the Children’s Guardian and obligations relating to reportable conduct concerning child protection matters.
• State Records Act 1998 – regarding the creation, management and protection of agency records and public access to those records.
• Children and Young Persons (Care and Protection) Act 1998 – regarding obligations relating to the care and protection of, and provision of services to, children and young persons, including obligations relating to exchange of information and co-ordination of services between agencies.
• Child Protection (Working with Children) Act 2012 – regarding obligations to obtain checks and clearances for employees engaged in child-related work.
• Crimes Act 1900 – regarding criminal offences.