Commissioner’s Instruction 40: Ethical Foundations requires each public sector body to develop and implement a code of conduct that is consistent with and builds on the Public Sector Code of Ethics; reflects its legislative and operating conditions and risk profile; and sets out minimum standards of conduct and integrity to be complied with. Each public sector body must also promote its code of conduct and take appropriate action when there is non-compliance with the code.
Public authorities not part of the public sector can also use the guide to develop or strengthen their codes of conduct and implement them.
Codes of conduct contribute to a culture built on integrity by:
- setting and communicating clear integrity expectations and standards of behaviour for all staff
- shaping positive behaviours
- supporting other direction setting statements like the mission, vision and values.
They also help manage integrity risks by being clear about what the risks are and providing staff with guidance on how to deal with them. In addition, they provide a basis to identify behaviours that do not meet expectations.
Note: In this guide, ‘staff’ covers everyone who an ‘agency’ (public sector body or public authority) determines its code applies to and may include statutory office holders, contractors, subcontractors, board/committee members and volunteers.
Public Sector Code of Ethics and its relationship with an agency code of conduct
The Public Sector Commissioner has responsibility for establishing a public sector code of ethics that sets minimum standards of conduct and integrity to be complied with by agencies and employees. The standards need to have regard to the principles in the Public Sector Management Act 1994 (PSM Act), sections 7, 8 and 9.
Each agency’s code of conduct needs to not only reflect the Code of Ethics but build on it by providing detail and specific conduct requirements for staff in the context of the agency’s operating conditions, risk profile and relevant legislation. The requirements may include what behaviours are and are not acceptable as well as rules (legislation and/or policy) to be followed in particular situations.
Both codes work together to ensure staff uphold the trust of the community.
