Code of Ethics and Conduct

This Code of Ethics and Conduct applies to:

All persons undertaking work for or engaged by the Department in either a paid or unpaid capacity (‘staff’) must comply with the Code.

Staff includes:

• all Department of Creative Industries, Tourism, Hospitality and Sport employees (ongoing, temporary and casual and those on secondment to the Department);
• contractors and agency staff engaged who perform work for, or on behalf of the Department;
• work experience students and volunteers; and
• consultants where their engagement requires adherence to the Code.

Staff must meet the following standards in the course of discharging their duties:

• Behave honestly and with integrity.
• Act with care and diligence.
• Treat all people with respect and courtesy.
• Comply with any authorised and reasonable direction received in the course of employment.
• Take reasonable steps to avoid, and in all cases disclose, any actual or potential conflicts of interests (real or perceived), noting that staff are required to provide a statement of private interests and update accordingly.
• Be aware of the Ethical Framework for the Government Sector (contained in Part 2 of the Government Sector Employment Act 2013) and relevant codes of conduct which bind government sector employees.
• Not make improper use of their position or access to information to gain or seek to gain a benefit or advantage for themselves or any other person.
• Not access information unless it is immediately relevant to the work being performed and ensure that information is not accessed by or disclosed to unauthorised persons, including complying with the Privacy and Personal Information Protection Act 1998 (NSW) and the Health Records and Information Privacy Act 2002 (NSW).
• Use state resources for the effective conduct of public business in a proper manner. State resources are not to be subject to wasteful or extravagant use, and due economy is to be observed at all times. Staff must be scrupulous in ensuring the legitimacy and accuracy of any claim for entitlements.
• Have no involvement in outside employment or in the management or work of any business, and not hold a position as a director or member of the governing body of any company or other entity, without the prior agreement of the Department.
• Notify the Department immediately if you are charged, convicted or found guilty of a serious offence (punishable by imprisonment for 12 months) or any offence which may impact on your ability to undertake part or all of the inherent requirements of your role.
• Report suspected wrongdoing including but not limited to corrupt conduct (as defined in the Independent Commission Against Corruption Act 1988 (NSW)), maladministration, waste of public money and government information contravention (a failure to exercise functions in accordance with the Government Information (Public Access) Act 2009 (NSW) ).
• Comply with the Department’s Gifts, Hospitality and Benefits Policy.
• Comply with the NSW Government Lobbyist Code of Conduct. 
• Comply with all applicable laws, applicable codes of conduct and Premier’s Memoranda (including, without limitation, the NSW Lobbyists Code of Conduct, record keeping requirements under the State Records Act 1998 and responsibilities under work health and safety legislation).
• Maintain appropriate confidentiality about their dealings with their Minister, other Ministers, other Ministers’ staff, public servants, and Parliamentary employees (including after the cessation of employment).
• Other than in the course of their professional duties, not post personal online commentary or other material or publish books or articles expressing personal views which relate to general work of the NSW Government, unless otherwise approved by the Department.
• Familiarise themselves with this Code of Conduct upon commencement of their duties with the Department.

It is a staff member’s responsibility to familiarise themselves with this Code of Conduct. In addition, if you are a senior executive, or you are a manager (responsible for supervising or managing an individual or group of staff), you are responsible for:

• ensuring staff have been issued with the Code (that is, both the Code of Ethics and Conduct for NSW government sector employees and this supplementary Code of Conduct) and understand its requirements;
• ensuring staff complete all compulsory training on the Code and associated policies;
• advising staff of the Department’s expected standards of behaviour;
• investigating alleged breaches of the Code; and
• demonstrating ethical, fair and professional behaviour.

The Code of Ethics and Conduct for NSW government sector employeesrequires you to apply the Ethical Framework contained in the Government Sector Employment Act 2013 (NSW).

If you see another member of staff act in a way that is contrary to the Code, you should report the incident to your supervisor or manager (unless reporting as a public interest disclosure – see the paragraph below). If the breach is by your supervisor or manager, then you should report it to another manager or executive.

If you believe that the behaviour you are aware of is not just unethical conduct or a breach of the Code but is corrupt conduct, a serious and substantial waste of public money, serious maladministration or government information contravention, then report your concerns in accordance with the Department’s policy for managing public interest disclosures.

Any sanctions relating to this Code will be determined by the delegated Officer. Sanctions for breach of this Code may include (without limitation and in no order of precedence) counselling, cautions or warnings, suspension (with or without pay) or dismissal. As a breach of this Code may also constitute a disciplinary offence for the purposes of the Independent Commission Against Corruption Act 1988, a breach of the Code may ground a finding of corrupt conduct under that Act.

Variation

The Department may amend this from time to time as appropriate.