Code of Conduct
Responsible officer: Vice-Chancellor and President
Designated officer: Director, Human Resources, Events and Catering, and Sport
Council approval: C97/66, 14 October 1997
Last amended: 30 October 2007
Related documents:
1. Overview
What is a Code of Conduct?
The University’s Code of Conduct provides guidance on acceptable standards of behaviour and conduct at the University of the Sunshine Coast.
Why do we have a Code of Conduct?
The University is required to have a Code of Conduct under the Queensland Public Sector Ethics Act 1994. The ethics obligations set out in the Act are intended to provide the basis for Codes of Conduct for public officials. The University expects that all members of the University community will behave professionally and with respect and consideration for others, including colleagues, students and internal customers.
The principles outlined in the Code of Conduct encourage an environment that helps make the University a harmonious and productive place to work and study.
Am I covered by the Code?
All staff and people acting on the behalf of the University are covered by this code. This includes:
- casual and sessional staff
- visiting, honorary and adjunct academics
- members of University Council, and
- external members of University committees.
Individuals acting in a voluntary capacity are encouraged to conduct their duties according to the Code.
What happens if I don’t work within the Code?
While the Code’s purpose is educative, it also acts to regulate behaviour. Where conduct falls below the standards outlined in the Code you may be counselled in accordance with the appropriate University policy. Significant departures from the standards of conduct in the Code may amount to serious misconduct and the University may discipline you in accordance with the University’s disciplinary procedures which are referred to in Section 3 of this document. Section 4 lists external organisations through which you are able to seek advice and remedial action if necessary.
How do I address breaches of the Code by others?
As members of the University community you are urged to monitor the application of the principles outlined in this Code and encouraged to challenge departures from the principles. In real terms, you are encouraged to discuss breaches of the application of the Code with a Manager, or Human Resources. Suspected breaches of the Code will be investigated and appropriate action taken in accordance with the relevant process.
Is my academic freedom affected?
This Code does not detract from the academic freedom of staff of the University. You are encouraged to pursue critical and open inquiry and engage in constructive criticism on matters of public concern within your area of expertise.
How do I get information about the Code?
Information about the Code is available through a number of sources. Your Supervisor, Cost Centre Manager and Human Resources are there to discuss any issues you have concerning the Code. Do not hesitate to approach the relevant person to discuss any concerns you may have.
If you feel that there is a conflict between the University Code of Conduct and your professional Code of Conduct, then you should discuss this with your Supervisor.
What can I do if I’m concerned about how the Code is being applied to my situation?
If you are concerned about the way in which others are applying the Code you may seek clarification or remedial action through the relevant grievance procedure. A list of these procedures is shown at the end of this document.
How is the Code written?
The content has been organised under the following headings which correlate with the five ethical values described in the Public Sector Ethics Act (1994):
- respect for the law and system of government
- respect for persons
- integrity
- diligence
- economy and efficiency.
It should be noted that this document does not replace any of the current policies that apply at the University of the Sunshine Coast.
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2. The Code of Conduct
Ethical Values
a. Respect for the law and system of government
The principle assumes a system based on the principles of responsible parliamentary government and the rule of the law. It is acknowledged that respect for the law and system of government does not detract from the rights of staff to engage in free inquiry and active criticism on matters of public concern.
For example, you will abide by the laws of the State and Commonwealth and make yourself aware of and work in accordance with, the University of the Sunshine Coast Act 1998, University Statutes, Rules, Policies and Procedures. You will not, however, engage in criminal or illegal behaviour or disregard University Statutes, Rules or Policies.
b. Respect for persons
This principle is about treating people honestly and fairly, and with proper regard for their rights and obligations. The principle also asks staff members to act responsively in performing official duties.
For example, you will be responsive and courteous when communicating and dealing with staff, students, clients or visitors to the University, be fair when dealing with others and making decisions,
treat all persons justly, irrespective of gender, sexual orientation, race, disability, religion, marital status, age, political conviction or other grounds, avoid patronage or favouritism; and protect the privacy of others and maintain appropriate confidentiality regarding personal matters.
You will not engage in behaviour that could be considered bullying, such as behaviour that is intimidating, insulting, offensive, degrading, or humiliating to others. You will not harass others or discriminate against them.
c. Integrity
This principle asks that staff maintain and enhance public confidence in the integrity of the University and advance the University’s common good.
This principle is also about staff not improperly using their official powers or position or allowing them to be improperly used. It also requests that any conflict that may arise between personal interest and official duty is resolved in favour of public interest.
For example, you will always declare potential conflicts of interest between your private and/or financial interests and University responsibilities and declare your relationship when participating in decisions affecting another person with whom you have a personal relationship. You will be honest, impartial and conscientious when carrying out your duties, observe procedural fairness in all decision making and report genuinely suspected fraud, corrupt conduct or mal-administration to the appropriate University Officer or external authority (Whistleblowers Protection Act 1994). In addition, you will seek approval to use University resources for outside work, utilise internal procedures in the first instance when pursuing issues that require resolution, and inform your manager of any offer of a gift or benefit you receive.
You will not, however, accept any gifts or benefits in connection with the performance of your duties except for the occasional gift of up to $250 in value. Nor will you conduct research in a manner that would compromise intellectual honesty and public interest, or claim others’ work as your own.
You may participate in public debates and express opinions about issues and ideas related to your academic and professional areas, about higher education issues as they affect the institution, and higher education issues more generally in accordance with principles of academic freedom.
Where a matter relates directly to the area in which you hold an appointment, you may use the University’s name and address or the title of your appointment. Where you express views publicly on matters of public interest as private citizens, you cannot include the name and address of the University, nor the title of your University appointment.
It should be noted that official statements (in the name of the University) can only be authorised by the Council, the Chancellor, and the Vice-Chancellor, and any member of the University acting under the authority of one of those.
d. Diligence
This principle requires staff to recognise that they have a responsibility to perform their duties to the best of their ability and to carry out duties in a professional manner. Under this principle you will seek to achieve high standards in administration, teaching, research and community service, actively consider the health and safety of yourself and others when carrying out your duties, and act honestly and in good faith.
You will not act in an irresponsible and disruptive manner towards others, victimise or harass someone who discloses fraud or other corrupt conduct, or allow alcohol or drugs to affect your performance whilst acting in an official capacity.
e. Economy and efficiency
This principle asks that, while you are performing your duties as a member of staff, you ensure that resources are not wasted, abused, used improperly or extravagantly. For example, you will ensure that the resources are managed effectively, efficiently, and used for legitimate University purposes and only utilise University resources for work-related purposes, unless prior approval has been given. Even with approval, non work-related usage will be kept to a minimum. You will also secure University resources against theft or misuse.
You will not use resources in a manner that may harm the community or the environment, wilfully waste, lose or mistreat University resources or contravene the University’s financial policies or procedures.
3. Internal processes available where a breach of the Code may have occurred
Where a staff member suspects a breach of the Code may have occurred they have a number of options available to them. In the first instance staff may wish to seek advice from their Supervisor, Cost Centre manager, or Human Resources.
Formal procedures exist in the University’s Certified Agreement. Clause 1.10, Dispute Resolution Procedure, is used where a staff member suspects a breach of the Certified Agreement has occurred. Clause 1.11, Grievance Procedures is designed for the resolution of grievances about personnel, industrial and employment matters. Clause 5.5, Unsatisfactory Performance is engaged where a supervisor forms the view that a staff member’s performance is unsatisfactory. Clause 5.6, Misconduct and Serious Misconduct is available where there are allegations of misconduct or serious misconduct that require investigation.
Depending on the nature of the suspected breach, the University has a range of policies and procedures located. These include policies and procedures on discrimination and harassment, equal opportunity, giving and receipt of gifts and benefits, and inclusive and non-discriminatory language.
Where a staff member uses any of these formal procedures and does not consider that the matter has been addressed appropriately, or where a staff member does not wish to use internal procedures due to the nature of the suspected breach, they may access a number of external agencies for assistance. These external agencies are detailed in Section 4 of this document.
4. External processes available where a breach of the Code may have occurred
While staff are encouraged to use internal procedures in the first instance, advice or complaint procedures are also available with the following external agencies (note that the Australian Industrial Relations Commission will only be relevant to staff employed at the University):
The Australian Industrial Relations Commission facilitates agreements about wages and conditions of employment; ensure a safety net of fair minimum wages and conditions of employment; prevent and settle industrial disputes; facilitate equal remuneration for work of equal value; conciliate claims for relief in relation to termination of employment; and deal with matters concerning organisations, particularly registration, amalgamation, cancellation, representation rights, alteration of eligibility rules and change of name. Further information is available at www.airc.gov.au
The Crime and Misconduct Commission investigates complaints of official misconduct such as corruption or other serious misconduct by public sector officers in the performance of their duties. Its jurisdiction includes statutory bodies such as the University of the Sunshine Coast. You can make a public interests disclosure in accordance with the Whistleblowers Protection Act 1994, make a report directly to the Commission or make a report directly to the University's Vice-Chancellor who is legally obliged to forward all reports of suspected official misconduct to the Commission. Further information is available at www.cmc.qld.gov.au
The Human Rights Commission is responsible for handling complaints under the Racial Discrimination Act 1975, Sex Discrimination Act 1984, Disability Discrimination Act 1992, Age Discrimination Act 2004 and the Human Rights and Equal Opportunity Commission Act 1986. Further information is available at www.humanrights.gov.au
The Anti-Discrimination Commission (Queensland) provides assistance with complaints of unfair treatment due to a person's sex; relationship status; if they are, were or seeking to become pregnant; parental status; age; lawful sexual activity; impairment; religious belief or religious activity; political belief or activity; trade union activity; current/past breastfeeding; race; gender identity; sexuality; family responsibilities; or association with someone on the basis of any of the above grounds. Further, advice is available if you have been victimised because of your involvement in a complaint which has been or will be made to the Commission or you have been sexually harassed; or vilified in public because of your race, religion, gender identity or sexuality. Further information is available at www.adcq.qld.gov.au
The Commonwealth Ombudsman Australia investigates complaints about Commonwealth departments' and authorities' actions and decisions to see if they are wrong, unjust, unlawful, discriminatory or unfair. The Ombudsman also seeks remedies for those affected by defective administration, and acts to improve public administration generally. The Commonwealth Ombudsman Australia can assist with complaints under the Commonwealth Freedom of Information Act 1982. Further information is available at www.comb.gov.au
The Queensland Ombudsman investigates complaints about the actions and decisions of Queensland's state and local government agencies or their staff that may be made for an improper purpose, made on irrelevant grounds, illegal or contrary to law, unreasonable, unjust, improperly discriminatory, based on a mistake of law or fact, made without giving reasons, or wrong. Some examples of the types of matters the Ombudsman look into include public agencies not acting on complaints and unfair employment or tendering processes. Further information is available at www.ombudsman.qld.gov.au
The Administrative Review Tribunal can review decisions of a Commonwealth Minister, a Government Department or agency, or an employee of a Department, including decisions made under particular Acts of Parliament. The Tribunal can provide further information on their powers to review decisions, and further information is available at www.aat.gov.au
In addition, you can pursue civil or criminal matters through the District, Magistrates and Supreme Court (refer www.courts.qld.gov.au) or the Federal Court (refer www.fedcourt.gov.au).
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