Ethics in the Workplace Tuesday 8 May 2012 We would like to - PowerPoint PPT Presentation

Ethics in the Workplace Tuesday 8 May 2012

We would like to acknowledge this land that we meet on today is the traditional land of the Kaurna people and that we respect their spiritual relationship with their country. We also acknowledge the Kaurna people as the custodians of the Adelaide region and that their cultural and heritage beliefs are still as important to the living Kaurna people today.

Ethics in the Workplace Master of Warren McCann Ceremonies Commissioner of Public Sector Employment, Department of Premier and Cabinet Introduction The Hon Minister Wortley MLC, Minister for Industrial Relations, Minister for State/Local Government Relations Speakers & Panellists Elbert Brooks Executive Director for Public Sector Workforce Division, Department of Premier and Cabinet Chris Oerman Executive Director for Corporate Services, Department of Planning, Transport and Infrastructure Craig Stevens Managing Solicitor (Industrial and Employment Group), Crown Solicitor’s Office SA Kate Stephens Director Workforce Relations and Strategy, Shared Services SA Peter Christopher (Panel Member Only) Chief industrial Officer, Public Sector Association

Ethics in the Workplace forum follows on from the highly successful IPAA events of 2010/11 on the then relatively new Code of Ethics and its effects on the public sector. We will be exploring what the Code means on a day-to-day basis with a particular focus on legal issues that arise when employees misinterpret or do not adhere to the values within the Code of Ethics.

Hon Minster Russell Wortley MLC, Minister for Industrial Relations Minister for State/Local Government Relations

Elbert Brooks Executive Director for Public Sector Workforce Division, Department of Premier and Cabinet

IPAA – Ethics in the Workplace E is for E thics in the Public Sector presented by Elbert (with an E) (Note: author is responsible for content) 08/05/2012 IPAA – Ethics in the Workplace 7

ethics in the public sector What do we mean when we talk of ethics? 08/05/2012 IPAA – Ethics in the Workplace 8

ethics in the public sector Why do we need to talk about ethics? 08/05/2012 IPAA – Ethics in the Workplace 9

ethics in the public sector To expect ethics one must do ethics 08/05/2012 IPAA – Ethics in the Workplace 10

ethics in the public sector 08/05/2012 IPAA – Ethics in the Workplace 11

ethics in the public sector Public Sector Act 2009 5—Public sector principles (6) Ethical behaviour and professional integrity Public sector employees are to— • be honest; • promptly report and deal with improper conduct; • avoid conflicts of interest, nepotism and patronage; • treat the public and public sector employees with respect and courtesy; • make decisions and provide advice fairly and without bias, caprice, favouritism or self-interest; • deal with agency information in accordance with law and agency requirements; • avoid conduct that will reflect adversely on the public sector; • accept responsibility for decisions and actions; • submit to appropriate scrutiny. 08/05/2012 IPAA – Ethics in the Workplace 12

ethics in the public sector Three R’s of ethical behaviour: Remember Remember Remember 08/05/2012 IPAA – Ethics in the Workplace 13

ethics in the public sector Remember for whom we work: Service to the public Remember that what we do matters: Service for the public Remember others see what we do: Service in public 08/05/2012 IPAA – Ethics in the Workplace 14

ethics in the public sector Workplace ethics matters Ethical behaviour matters Ethics in the public sector matters … it’s really up to every one of us 08/05/2012 IPAA – Ethics in the Workplace 15

Chris Oerman Executive Director of Corporate Services, Department of Planning, Transport & Infrastructure

“I didn’t know” Ethics a Departmental perspective Chris Oerman Executive Director Department of Planning Transport and Infrastructure

Who has received one of these?

“Its only a coffee” “It is not worth much” “Everyone does it”

Or this?

“I talk business” “It is about building a good relationship” “I don’t want to offend by saying no”

How many do you buy?

We want to think that we are doing the right thing when we are often doing no such thing

Sure, its simple, I can change that! 18/06/2020

When asked to account for your actions you must be able to demonstrate transparency

Scenario • Received ‘funny’ email • Forwarded it on to colleagues in the Department • Sometime later received by Non Government organisation (NGO) • NGO does not see the ‘funny’ side of the email and complain to the Chief Executive

Quiz A – ‘Get a life’ its funny B – Its ‘them’ that sent it to NGO not me C – You don’t really mean I am subject to disciplinary enquiry

answer A – Get a life its funny B – Its ‘them’ that sent it to NGO not me C – You don’t really mean I am subject to disciplinary enquiry

So if at work you come across something not in the public domain, do not discuss it Maxwell - $10,000 for saying that he was starting forward

Application of judgement • Decision-makers must use discretionary powers in good faith and for a proper, intended and authorised purpose. Decision-makers must not act outside of their powers. • It is not sufficient to exercise discretion and approve an application simply because it seems the right thing to do. • When exercising discretion, decision-makers need to act reasonably and impartially. They must not handle matters in which they have an actual or reasonably perceived conflict of interest. • It is important to apply the values that the legislation promotes, professional values and the values of your Department, not personal values. Ombudsman Western Australia: Guidelines, Exercise of discretion in administrative decision-making

My approach to ethics training • Make it real – Stories are powerful – Use examples without identifying individuals • Impact decision making – Day to day judgement is what is important – Ethics is not a philosophical discussion • Encourage discussion – Often not black or white

Morning Tea

Craig Stevens Managing Solicitor Advising Section Crown Solicitor’s Office

Craig Stevens Managing Solicitor Advising Section Crown Solicitor’s Office

Two Topics 1. ‘Cartidgegate’ 2. Out of hours conduct as misconduct

‘ Cartidgegate ’ How did it occur?; Why wasn’t it detected and acted upon earlier? • tactics employed by the relevant companies; • personal greed and self-interest?; • issues peculiar to or more prominent in regional workplaces; • lack of proper (or any) scrutiny of invoices by persons approving them for payment; and • apparently inadequate audit processes.

Out of Hours Conduct • The necessary connection with work. • Public Sector Act 2009 - definition of misconduct. • Code of Ethics for the South Australian Public Sector: Public sector employees will not at any time act in a manner that a reasonable person would view as bringing them, the agency in which they work, the public sector or Government into disrepute; or that is otherwise improper or disgraceful. • McMannus v Scott-Charlton [1996] FCA 904; Federal Commissioner of Taxation v Day (2008) 236 CLR 163; Rose v Telstra Corporation (1996) 140 ALR 624; Kolodjsdhnij v Lion Nathan t/a Boag & Son Pty Ltd [2009] AIRC 893.

Kate Stephens Director Workforce Relations and strategy, Shared Services SA

Shared Services SA Ethics in the Workplace Presented by: Kate Stephens, Director, Workforce Relations and Strategy Tuesday 8 May 2012

Shared Services What does it mean to be ethical? SA • It’s much more than just not doing the wrong thing. • Ethics is based on Values and is strongly focused on honesty, fairness and taking responsibility. • It also means recognising why we are here… The first duty of the public sector is to loyally serve the Government in a politically impartial and responsive way through the efficient delivery of services to citizens and through the formulation, implementation and administration of its policies and programs. Code of Ethics 42

Shared Services Ethics in the Workplace through Values SA • Being ethical involves making choices • We can help people make the right choices by educating them and reinforcing ethical behaviour through a range of avenues • Organisational Values play an important role in setting behavioural expectations and standards • The Values help support the Code of Ethics • Shared Services SA’s organisational values are… Honesty, Respect, Trust, Boldness and Team Spirit 43

Shared Services Ethics in the Workplace through Values SA • Each Value is defined, along with underpinning behaviours • The Values also form part of our Performance Management Process (PMP) • Participation in our PMP is mandatory and there is a formal assessment undertaken annually • This includes forming a view as whether each employee is aligned to our organisational Values • Discussions about Values are therefore an integral part of each employee’s performance 44