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Last updated: 18 November 1999

Public Service Act 1999 Advice No. 4: The APS Values and the Code of Conduct

Please note: This document is for reference purposes only and is no longer considered by the APS Commission to be current. It may contain good practice advice and/or advice on the transitional arrangements between the 1922 and 1999 Public Service Acts

Introduction

This advice is one of a series of advices to be issued by the Public Service and Merit Protection Commission (PSMPC) concerning the Public Service Act 1999 (the new PS Act) and the Public Employment (Consequential and Transitional) Amendment Act 1999 (the PECTA Act). It is proposed that the new legislation will come into operation on 5 December 1999 and the information contained in this advice will take effect on commencement of the legislation.

2 The purpose of this advice is to highlight the references in the new Act to the APS Values and the Code of Conduct and to draw attention to the changes the new Act makes to the Values and the Code.

Background

Old Public Service Regulation 5 was promulgated in March 1998 and set out eleven APS Values which described public interest features of the APS and which provided a framework for decision making in a devolved environment. The PSMPC publication Values in the Australian Public Service provided guidelines on how these Values might be implemented in agencies. Old Public Service Regulation 7 contained the Code of Conduct which set out conduct standards that APS employees were required to uphold. Agency Heads were required by the Regulations to uphold and promote these Values, and were also bound by the Code. The Public Service Commissioner was required to report, in the annual State of the Service Report, on the extent to which agencies had incorporated the Values and the adequacy of agency procedures for ensuring compliance with the Code.

Changes under the new legislation

The Values

3 Section 10(1) of the new Act sets out the APS Values. New Values have been added, others have been amended and there are changes to the way in which they are to be managed:

• there are now four new APS Values: (l), (m), (n) and (o) set out in paragraph 9 below;
• values (c), (e), (g) and (i) have been amended - see paragraph 10 below; and
• section 11(1) of the new Act requires the Public Service Commissioner to issue directions in writing in relation to each of the Values for the purposes of:
  • ensuring that the APS incorporates and upholds the APS Values; and
  • determining where neccesary the scope or application of the APS Values.

4 In addition, section 44 of the new Act includes the requirement, previously in regulations, that the Public Service Commissioner prepare an annual report on the State of the Service.

The Code

5 Section 13 of the new Act sets out the Code of Conduct. While there has been no substantive change to the Code, its structure is slightly different. Sections 13(1) to 13(12) reflect the Code that was included in old regulation 7(1) to 7(12). Section 13(13) now provides for the addition of any other conduct requirement to the Code that may be prescribed by regulation. It is expected that old regulation 7(13), dealing with the disclosure of official information, will be incorporated into the new PS Regulations - thus effectively making it part of the Code.

6 Under section 14 of the new Act, Agency Heads are bound by the Code. Section 14(2) now provides for statutory office holders, who are not Agency Heads and whose office is prescribed by the regulations, to be bound by the Code.

7 Under section 41 of the new Act, the Commissioner must evaluate the extent to which agencies incorporate and uphold the APS Values and the adequacy of agencies' systems and procedures for ensuring compliance with the Code.

Implications for Agencies

The Values

8 In accordance with the new Act, the Public Service Commisioner's Directions in relation to the Values, which will be promulgated as soon as possible in early December, will set out the minumum measures which Agency Heads and APS employees will be expected to take in order to meet their respective responsibilities to uphold and promote each individual Value. Values in the Australian Public Service will be revised to reflect the new and amended Values and in the meantime remains a valid good practice guide for those Values which have not been changed.

9 In regard to the new Values:

• Value (1) - the APS promotes equity in employment. This Value covers both aspects of equity: the need to maintain fairness in decision making and the need to eliminate employment disadvantage on the basis of being Aboriginal or a Torres Strait Islander, race or ethnicity, gender or physical or mental disability;
• Value (m) - the APS provides a reasonable opportunity to all eligible members of the community to apply for APS vacancies. This Value maintains a fundamental principle underpinning APS recruitment;
• Value (n) - the APS is a career based service to enhance the effectiveness and cohesion of Australia's democratic system of government. This Value emphasises that there are APS-wide interests and concerns which need to be maintained through effective consultation, communication and sharing of knowledge across the Service and that the ongoing expertise and experience of the APS needs to be nurtured;
• Value (o) - the APS provides a fair system of review of decisions taken in respect of APS employees. This covers the need to have an effective agency level system in place to ensure the fair and effective review of decisions.

10 In relation to the amended Values:

• Value (c) - the APS provides a workplace that is free from discrimination and recognises and utilises the diversity of the Australian community it serves. This emphasises that workplace diversity needs to take account of, and draw on, diversity outside as well as inside the APS. APS agencies will need to ensure that their recruitment arrangements give appropriate access to members of Australia's diverse community;
• Value (e) - the APS is openly accountable for its actions, within the framework of ministerial responsibility to the Government, the Parliament and the Australian public. This emphasises the need for openness in accountability;
• Value (g) - the APS delivers services fairly, effectively, impartially and courteously to the Australian public and is sensitive to the diversity of the Australian public. This responds to the recommendations of the Report of the National Multicultural Advisory Committee Australian Multiculturalism for a New Century: Towards Inclusiveness. In effect, it requires agencies to have measures in place which take appropriate account of the diversity as well as the other interests and sensitivities of APS clients;
• Value (i) - the APS establishes workplace relations that value communication, consultation, co-operation and input from employees on matters that affect their workplace. This emphasises and reinforces the need to give employees appropriate opportunity for input on issues which affect the workplace.

The Code

11 The PSMPC Guidelines on Official Conduct will be updated to reflect the new provisions. The information in the current Guidelines, however, remains relevant. The Values and Code of Conduct bookmark will also be revised and published shortly. 12 Those statutory office holders who will be bound by the Code from 5 December 1999 will be the subject of separate advice.

Further Advice

13 This advice should be read in conjunction with related advices in this series:

• Breaches of the Code of Conduct;
• Public Interest Whistleblowing;
• Workplace Diversity Programs; and
• Workplace Harassment.

14 The PSMPC is concentrating on using e-mail to distribute information to agencies on the new PS Act. Such information will be available through the PSMPC's Homepage at www.apsc.gov.au. The PSMPC's resources are fully stretched in endeavouring to prepare transitional regulations, new regulations, directions and advices and will not be able to handle a high volume of telephone calls about the new PS Act. In this situation, could you please put in place arrangements to inform your staff of the changes and to handle their enquiries about the new PS Act.

15 Urgent enquiries from Comnet members and their senior staff should be made by e-mail to psact@apsc.gov.au or the PSMPC's Helpline on 02 6202 3859.

 

Jenny Harrison
Team Leader
Values, Conduct and Diversity Team

18 November 1999

Attachment

APS Values

The APS Values are as follows, with new and amended Values highlighted:

1. the APS is apolitical, performing its functions in an impartial and professional manner;
2. the APS is a public service in which employment decisions are based on merit;
3. the APS provides a workplace that is free from discrimination and recognises and utilises the diversity of the Australian community it serves;
4. the APS has the highest ethical standards;
5. the APS is openly accountable for its actions, within the framework of Ministerial responsibility to the Government, the Parliament and the Australian public;
6. the APS is responsive to the Government in providing frank, honest, comprehensive, accurate and timely advice and in implementing the Government's policies and programs;
7. the APS delivers services fairly, effectively, impartially and courteously to the Australian public and is sensitive to the diversity of the Australian public;
8. the APS has leadership of the highest quality;
9. the APS establishes workplace relations that value communication, consultation, co-operation and input from employees on matters that affect their workplace;
10. the APS provides a fair, flexible, safe and rewarding workplace;
11. the APS focuses on achieving results and managing performance;
12. the APS promotes equity in employment;
13. the APS provides a reasonable opportunity to all eligible members of the community to apply for APS employment;
14. the APS is a career-based service to enhance the effectiveness and cohesion of Australia's democratic system of government;
15. the APS provides a fair system of review of decisions taken in respect of APS employees

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