Constructing a code has 2 equally important elements – the content and how the content is presented.
In terms of content, there are mandatory requirements from Commissioner’s Instruction 40. These are covered below along with suggested ways to ensure the code is user friendly.
Content
Introduction from the leader (suggested)
Have the agency leader (chief executive or board chair) set clear expectations at the start of the code to signal its importance and what the leader stands for. A strong and encouraging opening statement communicates the code’s purpose (for example, a road map for integrity, foundation for good decision making) and its connection to the agency vision, mission and values and how business is conducted.
Work with the leader (or communications team) on the statement of expectations. This is the first impression that potential and new staff have about what the leader stands for in relation to integrity and their commitment to it. The statement should be relevant, tailored and personable, setting up the information that follows. Update the opening statement when a new leader is appointed.
Who the code applies to (mandatory)
Be clear about who the code applies to as this removes ambiguity about coverage. Along with all staff employed, consider if the code also applies to contractors and subcontractors, those appointed to roles (like board and committee members) and volunteers. There may be a legal requirement for a particular group to have its own code or it may be clearer if there is a separate code for a particular group.
Responsibilities (suggested)
To inform staff of their responsibilities under the code, describe what is expected of them. For example, all staff are responsible for integrity and must comply with the code, and managers must lead, champion and monitor compliance with the code. The role of the leader may also be covered.
Refer to relevant policies and procedures to be complied with (mandatory)
Make it clear that these also need to be complied with. They provide additional guidance to staff and relate to the standards set by the agency, for example policy and procedures that guide how conflicts of interest are to be declared and managed. Also reference agency policies that contain staff conduct requirements such as use of social media, bullying and harassment, equal opportunity and workplace health and safety. These examples are not exhaustive.
Standards of conduct and integrity (mandatory)
The body of the code is typically where the agency’s standards of conduct and integrity are set out. These are shaped by information gathered in stage 1. Standards in agency codes help put the Code of Ethics into practice along with any additional conduct requirements specific to the agency. They explain the decisions and actions required of staff to meet these standards. As described above, they can also cross reference conduct requirements in applicable legislation and policies.
Codes of conduct can include standards in a range of areas such as:
- conflicts of interest
- use of information
- use of public resources
- use of position and authority
- standards of dress
- not engaging in sexual harassment and bullying
- professionally dealing with clients and stakeholders
- not being impaired by alcohol and drugs
- respectful use of social media and making public comment.
Some codes may have greater focus on some standards that underpin core aspects of the agency’s work and risks. For example, the codes of regulatory agencies may emphasise behaviours that guide how staff interact with those being regulated.
Potential actions for suspected non-compliance with the code (mandatory)
Explain that actions may be taken for suspected non-compliance with the code and provide examples of possible actions. For those with an employment relationship, this is likely to be action under the agency’s discipline policy and procedures. For other staff, actions may be taken using other mechanisms. An agency may also choose to reference the sanctions that can be imposed where a breach of the code is found.
Pathways to report suspected non-compliance with the code (mandatory)
Detail the ways for staff to report suspected non-compliance with the code through internal reporting pathways (for example, managers, human resources, standards and conduct teams, online reporting tools) and external pathways such as the Corruption and Crime Commission (serious misconduct) and Public Sector Commission (minor misconduct).
Consider stating a no tolerance approach for reprisal action against anyone for speaking up about suspected breaches of the code – this itself may lead to disciplinary action.
Provide contact details and links to more information about reporting.
Include or link to the contact details of public interest disclosure officers and more information about the disclosure process and what it covers.
For clarity, differentiate between suspected non-compliance with the code and other processes relating to interpersonal matters such as grievances.
Additional advice (suggested)
To support the application of the code and build an understanding of its requirements, provide contact details of who staff can speak to about code and conduct matters. In the first instance it might be a staff member’s line manager. There may also be subject matter experts who can provide detailed advice and guidance.
Presentation
There are several ways to support staff to meaningfully engage with the code and understand what it means in practice.
- Use clear headings to provide structure, ‘pull’ quotes to highlight key points, and images to augment concepts and break up large sections of content.
- Keep language simple and familiar, reflecting the corporate style. Check language and information are consistent with other documents such as values and policies. Although a code is a serious document with a mandatory nature, write about integrity and behaviour positively by focusing on how doing the right thing protects everyone. Define any technical terms in a glossary.
- Keep the code as brief as possible. Some agencies prefer to put all behaviour expectations in one document but be mindful that long codes can be overwhelming and hard for staff to engage with. A shorter, simpler code which links and cross references other integrity policies, procedures and supporting materials may increase understanding and engagement. Whatever the length, the code should be sufficient to inform staff about their conduct requirements and provide them with a useful reference.
- Create an accessible design and make sure the code is inclusive and practical for staff. This may include getting the code translated or making it available in other formats. Consider also creating a simpler, visual representation of the code such as a poster or screen saver.
- Incorporate interactivity to build engagement with staff. Include links to case studies and scenarios that align with the agency’s work to explain how the standards in the code apply in practice, for example how ethical dilemmas are positively resolved using the information from the code. If the code is online, consider opening it with a video message from the leader that sets clear integrity expectations. Ethical decision making tools, such as ‘the first steps’ and mnemonics, can help staff determine the most appropriate course of action under the code.
