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Public Sector Ethics Information Sheet (Health Statutory Agencies)

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Public Sector Ethics Information Sheet (Health Statutory Agencies) Information sheet Public Sector Ethics Key facts: This information sheet provides health statutory agencies with information on the minimum requirements they are obliged to comply with under the Public Sector Ethics Act 1994 (the Act) The Act outlines the ethical obligations of employees within the Queensland Public Sector. Section 4 of the Act outlines four (4) ethics principles fundamental to good public administration: - Integrity and impartiality - Promoting the public good - Commitment to the system of government - Accountability and transparency. The ethics principles and associated ethics values (Sections 5 – 9 of the Act) provide the basis for codes of conduct to apply to agencies and their employees in performing their official functions1. Health statutory agencies are defined as either ‘public service agencies’ or ‘public sector entities’ for the purposes of the Act. Hospital and Health Services (HHSs) and the Mental Health Review Tribunal (MHRT) are prescribed public service agencies under the Public Sector Ethics Regulation 2010. Other agencies, such as Hospital Foundations, the Office of the Health Ombudsman and the Queensland Mental Health Commission are captured in the definition of public sector entities. Checklists for minimum requirements relating to public service agencies and public sector entities respectively, including responsibilities of chief executive officers are provided below. Public Service Ethics Act – Requirements for Public Service Agencies (e.g. HHSs, MHRT) Sec Title Requirement Y/N 11 Application of code The Code of Conduct for the Queensland Public Service (the Code of Conduct) ( http://www.psc.qld.gov.au/includes/assets/qps-code-conduct.pdf) applies to all employees of an agency, including contractors, volunteers, and consultants, etc. 12D– Standards of practice An agency may choose to prepare its own standards of conduct and behaviour 12G that apply to officials of their agency. Standards are not enforced unless approved by the Public Service Commissioner2. 12H Compliance with code and Employees of an agency must comply with the Code of Conduct and any standard of practice standard of practice in performing their official functions. 12I Access to ethics principles The chief executive officer must ensure that all employees of the agency have and values, and code of reasonable access to a copy of the ethics principles and values and the Code of conduct Conduct, including any standard of practice that applies. 12J Publication of code of The chief executive officer must publish and keep available for inspection by any conduct and standards of person (including a member of the public) copies of the approved Code of practice Conduct and any standard of practice applying to the agency. 12K Education and training The chief executive officer must ensure that employees of the agency are given access to appropriate education and training about public sector ethics as part of an induction program and at regular intervals during the officials’ employment. 1 Codes of conduct and any Standards of Practice apply only to employees in performing official functions, however inappropriate private conduct may amount to misconduct under employing legislation, e.g. Section 187 of the Public Service Act 2008. Public Service Ethics Act – Requirements for Public Service Agencies (e.g. HHSs, MHRT) Sec Title Requirement Y/N The education and training must relate to the operation of the Act; the application of ethics principles and obligations to the public officials; the contents of the Code of Conduct; and the rights and obligations of the officials in relation to contraventions of the Code of Conduct and any approved standard of practice. 12L Procedures and practices The chief executive officer must ensure the administrative procedures and of public service agencies management practices of the agency have proper regard to the Act (in particular the ethics principles and values); the Code of Conduct; and any standard of practice applying to the agency. 12M Reporting The chief executive officer must ensure that each annual report includes a (2) statement about the following: - the implementation during the reporting period of the Code of Conduct and any standard of practice applying to the agency; and - details of the action taken during the reporting period to comply with sections 12K ‘Education and training’ and 12L ‘Procedures and practices of public service agencies’. Refer also to the Annual Reporting Requirements for Queensland Government Agencies (http://www.premiers.qld.gov.au/publications/categories/guides/annual- report-guidelines.aspx) Public Service Ethics Act – Requirements for Public Sector Entities (e.g. Hospital Foundations) Sec Title Provision/Requirement Y/N 13 – Application of codes The chief executive officer must ensure a code of conduct is prepared for the 17 entity, which applies to all employees of the entity, including contractors, volunteers, etc. The code must be approved by the Minister for Health before it can be applied. When developing a code of conduct, the chief executive officer must take reasonable steps to consult with those to whom the code is to apply and their representatives; and other appropriate entities as required. Section 14 identifies content the code may contain3. 18 Compliance with codes Employees of an entity must comply with the standards of conduct stated in the entity’s code of conduct in performing their official functions. 19 Access to ethics The chief executive officer must ensure that all employees of the entity have principles and values, reasonable access to a copy of the ethics principles and values; and the entity’s and code of conduct code of conduct. 20 Publication of code of The chief executive officer must publish and keep available for inspection by any conduct and standards person (including a member of the public) an appropriate number of copies of the of practice entity’s approved code of conduct. 21 Education and training The chief executive officer must ensure that employees are given access to appropriate education and training about public sector ethics. In particular, the education and training must relate to the operation of the Act; the application of ethics principles and obligations to the public officials; the contents of the entity’s approved code of conduct; and the rights and obligations of the officials in relation to contraventions of the approved code of conduct. 22 Procedures and The chief executive must ensure that the administrative procedures and practices of public management practices of the entity have proper regard to the Act (in particular the sector entities ethics principles and values) and the entity’s approved code of conduct. 23 Reporting The chief executive officer must ensure that each annual report of the entity includes a statement giving details of the action taken during the reporting period to comply with the following sections: - section 15 ‘Preparation of codes of conduct’ - section 21 ‘Education and training’ - section 22 ‘Procedures and practices of public sector entities’. Refer also to the Annual Reporting Requirements for Queensland Government 3 An entity may elect to adopt the Code of Conduct for the Queensland Public Service rather than develop a new code; however, in doing so, the entity should ensure to engage in the appropriate consultations (section 16) and amend the Code to any extent necessary to ensure it relates to the entity (section 13(1)(a)). For example, and at a minimum, references throughout the Code to its applicability to ‘Public Service Agencies’ should be changed to references to the entity. Information sheet: Public Sector Ethics - 2 - Public Service Ethics Act – Requirements for Public Sector Entities (e.g. Hospital Foundations) Sec Title Provision/Requirement Y/N Agencies (http://www.premiers.qld.gov.au/publications/categories/guides/annual-report- guidelines.aspx) Useful references: Document name Link / Location Public Sector Ethics Act https://www.legislation.qld.gov.au/LEGISLTN/CURRENT/P/PublicSecEthA94.pdf 1994 Public Sector Ethics https://www.legislation.qld.gov.au/LEGISLTN/CURRENT/P/PublicSecEthR10.pdf Regulation 2010 Queensland Government http://www.ethics.qld.gov.au/ Ethics Website Contact for further information: Contact Telephone Email Office of Health Statutory Agencies 3234 1705 [email protected] Revision history: Date Version no. Description of change / revision 12/10/2012 v.1.0 Endorsed first version 18/11/2014 v.2.0 Reviewed and updated Information sheet: Public Sector Ethics - 3 - .
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