SASSLA is experiencing a rise in members being investigated for misconduct. It is prudent to reiterate the importance of professional conduct standards contained in the Code of Ethics for the South Australian Public Sector. These apply to all education staff and any breach of them may leave an employee open to disciplinary action. There are nine standards covered in the Code:
- PROFESSIONAL AND COURTEOUS BEHAVIOUR
- PUBLIC COMMENT
- HANDLING OFFICIAL INFORMATION
- USE OF GOVERNMENT/PUBLIC RESOURCES
- CONFLICTS OF INTEREST
- OUTSIDE EMPLOYMENT
- ACCEPTANCE OF GIFTS AND BENEFITS
- CRIMINAL OFFENCES
- REPORTING UNETHICAL BEHAVIOUR
It is essential that all employees are familiar with each of the standards and develop a good practical understanding of how they apply in their day to day work.
Leaders are held to a very high standard of conduct and they are expected to lead by example and provide guidance to others. It is essential that all leaders have an understanding of the “spirit” (the underlying ethical issue) and the “letter” (the procedural requirements) of each of the nine standards.
Conflicts of Interest
A conflict of interest is defined as a situation in which a person is in a position to derive a personal benefit from actions or decisions made in their official capacity. In a role of leadership a conflict of interest could arise from seeking personal benefit through:
- Supporting or promoting the interests of a family member (referred to as nepotism) or friend or associate (referred to as patronage).
- Acting to promote the interests of a person or business entity that is outside of established policy requirements or normal standards that apply to others.
The Code specifically states:
- Public Sector employees will avoid actual or potential conflicts of interest.
- Employees will disclose in writing to their CE any actual or potential conflicts of interest at the earliest available opportunity.
It is important to note that conflicts of interest are both real (the conflict is self-evident); or potential (having the capacity to develop into a conflict of interest in the future); or perceived (people may reasonably form a view that a conflict of interest exists). This means that decisions and actions need to be carefully thought through not just as to whether the decision is fair and consistent with policy but also how it might appear to others.
Important factors to keep in mind:
- Keep your line manager informed where there is potential for a conflict of interest and talk through what is a reasonable approach to managing the situation.
- Where a conflict of interest exists there is a positive obligation to make the necessary disclosure(s) in writing before a decision is made, ideally using the below form.
- The Conflict of Interest Policy can be viewed here.
SASSLA emphasises that the department’s Declaration of a Conflict of Interest Form should be completed in any situation where a potential conflict of interest exists. If in doubt, fill it out!