Australian Public Service Values and Code of Conduct

Australian Public Service Values and Code of Conduct
Name	Australian Public Service Values and Code of Conduct
Jurisdiction	Australia
Established	1999
Related legislation	Public Service Act 1999
Administered by	Australian Public Service Commission

Contents

Australian Public Service Values and Code of Conduct The Australian Public Service Values and Code of Conduct set standards for behaviour and integrity across the Commonwealth of Australia, guiding officials in agencies such as the Australian Taxation Office, Department of Defence, Australian Federal Police, Department of Health and Aged Care, and the Australian Bureau of Statistics. They operate alongside statutes like the Public Service Act 1999, instruments from the Australian Public Service Commission, determinations of the High Court of Australia, and administrative directions from the Prime Minister of Australia and the Governor-General of the Commonwealth of Australia.

Overview and Purpose

Primary authority derives from the Public Service Act 1999 complemented by directions from the Australian Public Service Commission, administrative law doctrines from the High Court of Australia, and accountability practices aligned with the Australian National Audit Office and the Ombudsman (Commonwealth)]. The governance landscape involves ministerial portfolios such as the Minister for the Public Service, oversight by committees of the Parliament of Australia including the Joint Committee of Public Accounts and Audit, and interface with instruments like the Administrative Decisions (Judicial Review) Act 1977.

The Values emphasise service to the Government of Australia, upholding the law as interpreted in cases like Commonwealth v Tasmania (Tasmanian Dams Case), impartial administration in contexts involving agencies such as the Australian Securities and Investments Commission and Australian Competition and Consumer Commission, accountability reflected in reports to the Parliamentary Budget Office, and respect for citizens as demonstrated by agencies like the National Disability Insurance Agency and Services Australia. They require alignment with standards seen in institutions such as the Australian Human Rights Commission, Australian Institute of Criminology, Department of Veterans' Affairs, and cultural obligations relevant to the Aboriginal and Torres Strait Islander Commission (defunct) legacy.

The Code prescribes obligations on conflicts of interest monitored by the Australian Commission for Law Enforcement Integrity, confidentiality consistent with precedents involving the Attorney-General's Department, impartiality in decision-making relevant to the Administrative Appeals Tribunal, and avoidance of corrupt conduct addressed by statutes like the Crimes Act 1914. It binds employees across agencies including the Department of Education, Skills and Employment, the Australian Maritime Safety Authority, the Civil Aviation Safety Authority, and statutory roles such as the Commonwealth Director of Public Prosecutions.

Implementation uses agency-specific policies from bodies such as the Department of Finance, training frameworks developed with the Australian Public Service Commission, internal audits by the Australian National Audit Office, and reporting channels including the Commonwealth Ombudsman and parliamentary inquiries by the Senate Estimates Committee. Compliance tools include codes applied within departments like the Department of Climate Change, Energy, the Environment and Water, integrity frameworks used by the Australian Federal Police, and registries maintained in offices such as the Australian Electoral Commission.

Sanctions range from administrative actions under the Public Service Act 1999 to disciplinary measures influenced by rulings of the Fair Work Commission, criminal prosecutions under the Crimes Act 1914, and civil remedies enforceable through the Federal Court of Australia or the High Court of Australia. Oversight and investigation may involve the Australian Commission for Law Enforcement Integrity, the Commonwealth Ombudsman, referrals to the Australian Federal Police, and parliamentary scrutiny by the Joint Committee on Intelligence and Security or the Joint Committee of Public Accounts and Audit.

The Values and Code evolved from antecedents in the Commonwealth Public Service Act 1922, reforms under prime ministers such as John Howard, Paul Keating, Julia Gillard, and Kevin Rudd, and reviews led by entities like the Australian Public Service Commission and commissions inspired by inquiries such as the Cole Commission and royal commissions including the Royal Commission into Institutional Responses to Child Sexual Abuse. Key milestones include legislative change in 1999 via the Public Service Act 1999, subsequent policy updates under ministers such as the Minister for Employment and Workplace Relations, and implementation shifts following high-profile matters examined by the High Court of Australia and reports of the Australian National Audit Office.