Whistle blowing and the Public Service Act five years on

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Whistle blowing and the Public Service Act five
years on
Lynelle Briggs Public Service Commissioner
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A Values-based APS

• The APS Values
• provide the philosophical underpinning for the
  APS
• reflect public expectations of the relationship
  between public servants and the Government, the
  Parliament and the Australian community
• articulate the culture and operating ethos of the
  APS
• support and inform the Commissioner's Directions

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APS Code of Conduct

• sets out the standard of personal behaviour
  required of all APS employees and agency heads.
• APS employees must
• at all times behave in a way that upholds the APS
  Values and the integrity and good reputation of
  the APS.
• behave with honesty and integrity in the course
  of employment
• treat everyone with respect and courtesy and
  without harassment in the course of employment.

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Education on Values and Code

• APS Values and Code of Conduct in Practice A
  Guide to Official Conduct For APS Employees and
  Agency Heads
• guidance on whistle blower provisions (ch.15)
• guidance on disclosure of information (ch.3)
• guidance on public comment (ch.3)
• guidance on employees as citizens (ch.13)
• Embedding the APS Values
• management guide aimed at senior employees
• Foundations of Governance
• agency head responsibilities and obligations
• all available on APS Commission website at
  www.apsc.gov.au

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Public Service Act 1999

• Protection for whistle blowers
• Section 16 of the Public Service Act prohibits
  victimisation of, or discrimination against, an
  Australian Public Service employee who reports a
  breach, or an alleged breach, of the Code of
  Conduct to an agency head, the Public Service
  Commissioner or the Merit Protection
  Commissioner, or a person authorised by them.

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Internal witnesses in the APS

• reports suspected breaches of the APS Code of
  Conduct under agencys whistle blower procedures.
• reports suspected breaches of the Code within
  agency but outside whistle blower procedures.
• requests a review of an action that affects them
  personally
• reports a matter to an external body (eg police,
  Ombudsman, or Inspector-General of Security).
• answers questions or supplies information as part
  of an internal investigation (eg suspected fraud,
  security or privacy breaches).
• gives evidence at a hearing by an external body
  (eg AIRC, the courts or a Parliamentary
  Committee.

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Legal and administrative frameworks

• Maintaining a Harassment-free Workplace (APS
  Commission)
• Sexual Harassment in the Workplace, a Code of
  Practice for Employees (HREOC)
• Review of action processes
• Part 5 of Public Service Regulations processes
  consistent with use of alternative dispute
  resolution and conciliation
• Agency procedures for determining breaches of
  Code of Conduct
• Commonwealth Fraud Control Guidelines

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Legislative Protections

• Public Service Act
• Section 16
• Code of Conduct
• Workplace Relations Act (s. 170CK(2)(e), s.
  298(k) s.298(l))
• Occupational Health Safety (Commonwealth
  Employees) Act (s.60, s.64, s.76)
• Racial Discrimination Act (s.27)
• Sex Discrimination Act (s.94)
• Human Rights Equal Opportunity Commission Act
  (s. 26)
• Age Discrimination Act (s.51)

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Clarification

• Important not to confuse the issues of
• whistle blowing
• public comment
• unauthorised disclosure
• Leaking information is not whistle blowing
• damages the necessary relationship of trust
  between the government and the public service

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Looking ahead

• Encourage education on APS Values and Code of
  Conduct
• Clarify confusion about APS framework
• Examine interaction of whistle blowing with other
  mechanisms for reporting misconduct
• Low key review of Public Service Act