Eric Abetz (Tasmania, Liberal Party, Shadow Minister for Employment and Workplace Relations) Share this | Link to this | Hansard source

asked the Minister representing the Minister for Health and Ageing, upon notice, on 29 August 2011:

(1) How many Code of Conduct investigations have there been within the Minister's portfolio for the financial years:

(a) 2010-11; and

(b) 2011 to date.

(2) How many investigations established:

(a) a breach; or

(b) no breach of the Code of Conduct.

(3) In each case, what provisions of the Code of Conduct were thought to have been breached.

(4) What penalties were applied where the Code of Conduct was broken.

(5) How many investigations are ongoing.

Joe Ludwig (Queensland, Australian Labor Party, Manager of Government Business in the Senate) Share this | Link to this | Hansard source

The Minister for Health and Ageing has provided the following answer to the honourable senator's question:

(1) and (2) In the period 2010-11 19 Code of Conduct investigations were commenced within the portfolio.

Of those, 12 breaches were found; five had a finding of no breach; and one investigation is ongoing. One investigation was cancelled prior to a determination due to the resignation of the employee concerned.

In the year to date four Code of Conduct investigations have commenced within the portfolio. One breach has been determined and three investigations are ongoing.

(3) The details of which elements of the Code of Conduct were suspected to have been breached are provided in the table below.

Please note the scope of the portfolio encompasses the following:

(4) The penalties applied where a breach of the Code of Conduct are provided below.

(5) Refer to the answer provided in 1) and 2) above.

* Section 13 of the Public Service Act 1999

The Code of Conduct requires that an employee must:

(1) behave honestly and with integrity in the course of APS employment

(2) act with care and diligence in the course of APS employment

(3) when acting in the course of APS employment, treat everyone with respect and courtesy, and without harassment

(4) when acting in the course of APS employment, comply with all applicable Australian laws

(5) comply with any lawful and reasonable direction given by someone in the employee's Agency who has authority to give the direction

(6) maintain appropriate confidentiality about dealings that the employee has with any Minister or Minister's member of staff

(7) disclose, and take reasonable steps to avoid, any conflict of interest (real or apparent) in connection with APS employment

(8) use Commonwealth resources in a proper manner

(9) not provide false or misleading information in response to a request for information that is made for official purposes in connection with the employee's APS employment

(10) not make improper use of:

(a) inside information

(b) the employee's duties, status, power or authority in order to gain, or seek to gain, a benefit or advantage for the employee or for any other person

(11) at all times behave in a way that upholds the APS Values and the integrity and good reputation of the APS

(12) while on duty overseas, at all times behave in a way that upholds the good reputation of Australia

(13) comply with any other conduct requirement that is prescribed by the regulations